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BILL AS INTRODUCED 2007-2008

Introduced by

H.108

Introduced by Representatives Maier of Middlebury and Nuovo of Middlebury

Referred to Committee on

Date:

Subject:  Internal security and public safety; domestic pet or wolf‑hybrid control; impoundment of pet or wolf-hybrid that has attacked a person

Statement of purpose:  This bill proposes to direct municipalities to impound immediately a domestic pet or wolf-hybrid that has attacked a person.

AN ACT RELATING TO THE IMPOUNDMENT OF VICIOUS DOMESTIC PETS OR WOLF‑HYBRIDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  20 V.S.A § 3541 is amended to read:

§ 3541.  DEFINITIONS

As used in this chapter:

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(9)  “Attack” shall mean the deliberate action of a dog, whether or not in response to a command by its owner, to bite, claw, seize with its teeth, or frighten any person, or to pursue any person with the obvious intent to kill, wound, injure, or otherwise harm that person. A police dog acting under the command of a police officer shall be exempt from this definition.

Sec. 2.  20 V.S.A. § 3546 is amended to read:

§ 3546.  IMPOUNDMENT AND INVESTIGATION OF VICIOUS DOMESTIC PETS OR WOLF-HYBRIDS; ORDER

(a)  When a domestic pet or wolf-hybrid has bitten attacked a person while the domestic pet or wolf-hybrid is off the premises of the owner or keeper, and the person bitten attacked requires medical attention for the attack, such person:

(1)  The municipality in which the attack occurred shall immediately impound, at its own cost, the domestic pet or wolf-hybrid that committed the attack until an investigation required under subsection (b) of this section has been completed.

(2)  The person who has been attacked by the domestic pet or wolf‑hybrid may file a written complaint with the legislative body of the municipality in which the attack occurred.  The complaint shall contain the time, date, and place where the attack occurred, the name and address of the victim or victims, and any other facts that may assist the legislative body in conducting its investigation required by subsection (b) of this section.

(3)  If the person who has been attacked by the domestic pet or wolf‑hybrid has not filed a complaint under subdivision (2) of this subsection within ten days of the attack, and the domestic pet or wolf‑hybrid that committed the attack has been impounded as a result of the attack, the domestic pet or wolf‑hybrid shall be released to the owner or keeper.

(b)  The legislative body, within seven days from receipt of the complaint, shall investigate the charges and hold a hearing on the matter.  If the owner of the domestic pet or wolf‑hybrid which is the subject of the complaint can be ascertained with due diligence, said owner shall be provided with a written notice of the time, date, and place of hearing and the facts of the complaint.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us