Town of Wallingford
Animal Control Ordinance
"REVISED ORDINANCES OF WALLINGFORD"
TITLE 4: HEALTH AND WELFARE
REGULATION OF ANIMALS
CHAPTER 2: REGULATION OF ANIMALS
§4201.
DOGS CONSTITUTING A NUISANCE
Pursuant to 20 V.S.A. and 24 V.S.A. §2291 (10), §1971, §1974 (a), and
§1977 the Selectboard of the Town of Wallingford hereby adopt the following
Ordinance relating to the regulation of the keeping of dogs and their running at
large within the Town of Wallingford.
§4202. DEFINITIONS
(1) A dog "running at large" shall mean a dog which is not:
(a) on a leash;
(b) on or within a vehicle;
(c) on the property of its owner or his agent;
(d) clearly under the verbal command of its owner or his agent; or
(e) hunting with its owner or his agent.
(2) "Owner" - Any person, persons or entity who owns, harbors,
keeps or permits any dog to be or remain in or about their buildings or
premises; for purpose of this Ordinance, whether or not such person has legal
title to or interest in such dog, the term Owner shall include the agents of
such owner.
(3) "Vicious Dog" - A dog which causes reasonable fear of bodily
injury by attacking or threatening to attack a person, except as such person may
be in the act of unlawfully trespassing upon private property of the owner.
(4) "Pound" and "Pound Keeper" - The pound and the pound
keeper shall be the place and that person specifically designated, from time to
time, by the Selectboard of the Town of Wallingford.
§4203. A person shall not allow a dog to run at large within the
limits of the Town of Wallingford, except upon the property of the Owner, or to
become a public nuisance.
§4204. It shall be unlawful for any dog owner or keeper to permit or
allow his/her dog(s) to habitually howl, bark, or in any other manner disturb
the peace and quietude of the community.
§4205. A person shall not permit any female dog in heat to be outside
a building or outside a fenced enclosure, except on a leash or within a vehicle.
§4206. When a domestic pet or wolf-hybrid has bitten a person while
the domestic pet or wolf-hybrid is off the premises of the owner or keeper, and
the person bitten requires medical attention for the attack, such person may
file a written complaint with the Selectboard. 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 Selectboard in
conducting its investigation, and thereupon said Selectboard shall take the
necessary action relative thereto as prescribed by Title 20 V.S.A. §3546 .
§4207. The First Constable of the Town of Wallingford shall be the
chief enforcement officer of the Ordinance. He may appoint, with the approval of
the Selectboard, the Dog Warden and such assistant dog warden as he deems
necessary to enforce this Ordinance.
§4208. Any person appointed hereunder or any law enforcement officer
may use all reasonable methods for catching and impounding a dog in violation of
this Ordinance, including the use of tranquilizing and marking apparatus.
§4209. Any person appointed hereunder or any law enforcement officer
may impound a dog found in violation of this Ordinance at such Pound or other
secure enclosure as may, from time to time, be designated by the Selectmen, and
upon complaint shall impound any dog found in violation of this Ordinance.
§4210. The Dog Warden or other impounding officer shall follow the
following procedures in connection with any impoundment:
(1) Upon delivery to the pound, the impounding officer shall notify the dog's
owner, if the dog is licensed, the dog shall be held for five (5) working days
unless claimed earlier.
(2) If the dog is unlicensed, the impounding officer shall notify the owner
or keeper, if readily known, and post a notice containing a description of the
dog on a bulletin board in the Town Clerk's Office, and the dog shall be held
for five (5) working days after such notice is first given, unless sooner
claimed.
§4211. The procedure for claiming or releasing a dog from the Pound
shall be upon such terms and conditions as may be established by the Pound
including but not limited to, the following:
(1) If the owner does not claim the dog within the five (5) working day
period, the dog shall be given to whomever pays the pound keeper's fees, rabies
shots and necessary licensing fees.
(2) If no person claims the dog, the dog may be humanely destroyed, and the
Town shall pay all necessary fees.
(3) No dog shall be released from the Pound unless it is properly licensed
and all pound and other charges paid.
(4) No dog shall be released from the Pound until a written release is issued
from the Town Clerk's Office stating that the dog is properly licensed and all
penalties are paid.
§4212. PENALTIES
(1) For the Purposes of 24 V.S.A §1971 and §1977 this Ordinance is designated
as a civil Ordinance.
(2) A dog kept, maintained, or found in violation of the Ordinance is hereby
declared to be a public nuisance. An owner or other person who keeps a dog
contrary to the provisions of this Ordinance or who fails or neglects to abide
by the terms of this Ordinance shall be fined $60.00 for the first offense
within any one year period, $85.00 for the second offense within any one year
period, $110.00 for the third offense within any one year period, not less than
$60.00 nor more than $250.00 for such violation, and shall further be subject to
applicable penalties and provisions of Chapter 193 of Title 20 of the Vermont
Statutes Annotated; the penalties provided for this Section shall be in addition
to and not in lieu of licensing and impoundment fees.
§4213. KEEPING OF ANIMALS OTHER THAN HOUSEHOLD PETS
No horses, pigs, chickens, goats, sheep, cows or other domesticated or farm
animal, not ordinarily kept as a household pet, shall be kept or boarded within
any enclosure or structure, any portion of which is within one hundred fifty
(150) feet of the dwelling of any adjoining property owner.
Adopted: Board of Selectmen, Town of Wallingford, Vermont, January 20, 1982
Amended: Selectboard, Town of Wallingford, Vermont, April 7, 1997
Amended: Selectboard, Town of Wallingford, Vermont, May 17, 1999
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