TOWN OF MONTGOMERY
DOG ORDINANCE
INCLUDING & WOLF-HYBRIDS
EFFECTIVE DATE
JULY 21, 1980
AMENDED
APRIL 13, 1982
MARCH 18, 1985
JANUARY 21, 2002
TABLE OF CONTENTS
SECTION I AUTHORITY - - - - - - - - - - - - - - - - - - - - 2
SECTION II PURPOSE - - - - - - - - - - - - - - - - - - - - - 2
SECTION III DEFINITIONS - - - - - - - - - - - - - - - - - - - 2
SECTION IV SPECIFIC PROVISIONS - - - - - - - - - - - - - - - 2
1. Barking or Howling Dogs - - - - - - - - - - - - 2
2. Collar required - - - - - - - - - - - - - - - - 3
3. Dogs at Large - - - - - - - - - - - - - - - - - 3
4. Dogs in Heat - - - - - - - - - - - - - - - - - 3
5. Dogs Pursuing Deer or Moose - - - - - - - - - - 3
6. Dogs which have Bitten Persons - - - - - - - - 4
7. Licensing - - - - - - - - - - - - - - - - - - - 4
8. Poundkeeper - - - - - - - - - - - - - - - - - - 4
9. Records - - - - - - - - - - - - - - - - - - - - 4
10. Vicious Dogs - - - - - - - - - - - - - - - - - 5
11. Winter Dog Control - - - - - - - - - - - - - - 5
SECTION V PENALTIES - - - - - - - - - - - - - - - - - - - - 5
SECTION VI AMENDMENTS - - - - - - - - - - - - - - - - - - - 6
SECTION VII APPEALS - - - - - - - - - - - - - - - - - - - - - 6
SECTION VIII EFFECTIVE DATE - - - - - - - - - - - - - - - - - 7
SECTION XI ENFORCEMENT - - - - - - - - - - - - - - - - - - - 7
SECTION X NOTICE - - - - - - - - - - - - - - - - - - - - - 7
SECTION XI SEVERABILITY - - - - - - - - - - - - - - - - - - 7
TOWN OF MONTGOMERY
DOG ORDINANCE
SECTION I AUTHORITY
Under the authority granted in 20 V.S.A. §3549 and 24 V.S.A. §2291(10),
the Town of Montgomery Selectmen hereby adopts the following civil Ordinance
regulating the licensing, keeping, owning, and running at large of dogs, including
Wolf-hybrids, within the Town of Montgomery.
SECTION II PURPOSE
This Dog Ordinance is adopted to promote public health and safety by
providing for the licensing, keeping, owning, and running at large of dogs,
as defined herein, within the Town of Montgomery.
SECTION III DEFINITIONS
1. "At large", means a dog that is off the premises of the owner and
not under the control of the owner, either by leash, cord, chain, command,
or otherwise.
2. "Dog" means any domestic animal of the canine species including wolf-hybrids.
3. "Enforcement Officer" means the Town Constable or such other person
or persons as may be appointed by the legislative body to enforce or execute
the provisions of this Ordinance.
4. "Legislative body" means the Montgomery Board of Selectmen.
5. "Owner" means any person or persons, firm, association, or corporation
who owns, keeps, or harbors a dog, including any of the above who has actual
or constructive possession of the dog. The head of a household having a
dog in its possession shall be presumed to be the owner or keeper of such
dog.
6. "Poundkeeper" means the Town Constable or such other person or persons
as may be appointed by the legislative body to receive, maintain and dispose
of dogs impounded pursuant to this Ordinance.
7. "Vicious dog" means a dog found to be vicious pursuant to SECTION
IV, subsection 11 of this Ordinance.
SECTION IV SPECIFIC PROVISIONS
1. Barking or Howling Dogs
a. No owner may keep a dog which, by frequent or habitual barking,
howling or yelping, disturbs the peace or quiet of persons of ordinary sensibility.
b. The Enforcement Officer shall, upon a signed written complaint of
the person or persons so disturbed, issue a written warning in triplicate,
to the dog owner. One copy of the warning will be given to the dog owner,
one copy will be retained in the Enforcement Officer’s records, and one
copy will be kept on file in the Town Clerk’s Office for a period of one,
(1), year from the date of issuance of the warning.
c. Upon receiving a second and subsequent signed written complaint
against the same dog within one, (1), year from the issuance of the first
warning, the dog shall be impounded and the owner shall be fined in accordance
with the provisions under SECTION V subsection 1, of this Ordinance, however
if the Enforcement Officer finds that the complaint is unsubstantiated, no
action shall be taken against the owner.
d. There shall be a minimum of ten, (10), days between the issuance
of a signed written complaint against the same dog, except for complaints
under subsection 11 of this Section, Vicious Dogs.
2. Collar required
a. The owner of a dog shall cause it to wear a collar or harness, and
attach thereto a license tag issued by the Town Clerk, and also a metal tag
with the name and address of the owner whenever such dog is at large.
b. It shall be unlawful for any person other than the Enforcement Officer,
a Police Officer or the owner of a dog to remove the license tag from a dog.
c. The Enforcement Officer shall impound all dogs found within the
Town of Montgomery that do not have the required tags attached to a collar
or harness and the owner shall be fined in accordance with the provisions
under SECTION V subsection 1, of this Ordinance.
3. Dogs at Large
a. Any dog at large which enters the property of another and therein
causes property damage or creates a nuisance shall, upon a signed written
complaint of the owner or legal occupant of the property, be impounded by
the Enforcement Officer and the owner shall be fined in accordance with
the provisions under SECTION V subsection 1, of this Ordinance.
b. Any dog found at large within the area of Montgomery Center and
Montgomery Village designated as Village I on the Town of Montgomery Zoning
Map, including the Recreation Center, shall be impounded by the Enforcement
Officer and the owner shall be fined in accordance with the provisions under
SECTION V subsection 1, of this Ordinance.
4. Dogs in Heat
a. It shall be the duty of every owner of an unspayed female dog to
keep such dog confined while the dog is in heat.
b. The Enforcement Officer shall impound any female dog in heat, that
is found at large within the Town of Montgomery and the owner shall be fined
in accordance with the provisions under SECTION V subsection 1, of this Ordinance.
5. Dogs Pursuing Deer or Moose; 10 V.S.A. § 4748
a. Dogs that will hunt or pursue deer or moose shall not be permitted
by the owner thereof to run at large unaccompanied by said owner.
b. A constable, state game warden, deputy warden, sheriff, deputy sheriff,
police officer, or state police officer may kill by shooting with firearms,
dogs whether licensed or unlicensed, when in such close pursuit as to endanger
the life of a deer or moose, or found in the act of killing, maiming or wounding
deer or moose. Provisions of this
section shall be subject to the safety zone limitations as set forth in
10 V.S.A. §4710. A warden or other person authorized under this subsection
who does not kill a dog under the provisions of this subsection shall if
possible, locate the owner of the dog and shall issue a warning that the
dog was in violation of this SECTION and 10 V.S.A. §4748, and that each
future violation shall result in the owner being fined in accordance with
SECTION V subsection 6 of this Ordinance.
c. When a licensed dog is killed pursuant to subsection b. above, the
constable, deputy, officer, or warden that killed the dog shall forthwith
report the same to the owner of said licensed dog.
d. No person shall have a cause of action against any constable, deputy,
officer, or warden exercising the authority herein granted.
6. Dogs which have Bitten Persons
No owner of a dog, after being notified by the Enforcement Officer or
legislative body, that their dog has bitten any person, shall, without permission
of the Town Health Officer, give away, sell, transport, or cause such dog
to be transported beyond the limits of the Town of Montgomery, except under
the care of a licensed veterinarian.
7. Licensing
a. In accordance with 20 V.S.A. §§3581 & 3582, an owner
of a dog more than six months old, shall annually, on or before April 1 cause
it to be registered, numbered, described and licensed for one, (1), year from
that day in the Town Clerk’s office.
b. An owner, or person who keeps or harbors a dog that becomes six,
(6), months old after April 1, and is not licensed, shall, within thirty,
(30), days obtain a license for the dog.
c. The Enforcement Officer shall impound all unlicensed dogs found
within the Town of Montgomery and the owner shall be fined in accordance
with the provisions under SECTION V subsection 1 of this Ordinance.
8. Poundkeeper
a. The legislative body may appoint or contract with the Town Constable
or other person or persons to act as Poundkeeper for the Town.
b. The Poundkeeper shall be entitled to a daily fee which will adequately
reimburse him or her for the cost of feeding, housing and otherwise maintaining
impounded dogs and which is mutually agreeable to by the legislative body
and the Poundkeeper, but which in no event shall exceed that which is generally
charged by veterinarians, boarding kennels, and others in the area who perform
similar services.
9. Records
a. The Enforcement Officer shall make a complete record of each dog
impounded and/or issued a warning against.
b. The record shall show the date, the breed, color, and sex of the
dog, whether or not the dog is licensed, and all fines levied.
c. If the dog is licensed, the record shall show the name and address
of the owner, and license tag number.
10. Vicious Dogs
a. Upon a signed written complaint to the legislative body that a dog
or dogs, unprovoked and while at large, did attack, bite, kill, menace, worry,
or wound any person, domestic animal, or fowl, the legislative body shall,
within seven, (7), days from receipt of the complaint, investigate the complaint
and hold a hearing on the matter. 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 into the matter. The owner of the dog or dogs which are
the subject of the complaint, if the owner can be determined, shall be notified
of the facts of the complaint, time, date, and place of the hearing by certified
mail, return receipt requested. A copy of the hearing notice shall also be
mailed to the complainant.
b. If the complaint against the dog or dogs is sustained, the legislative
body shall declare the dog or dogs to be vicious, fine the owner in accordance
with the provisions under SECTION V subsection 8 of this Ordinance, make
such order for the protection of persons, domestic animals, and/or fowl as
the case may require, and may order:
(1) the owner to chain or muzzle the vicious dog or dogs,
(2) the Enforcement Officer to impound the vicious dog or dogs, or
(3) the Enforcement Officer to destroy the vicious dog or dogs.
c. The order shall be sent by certified mail, return receipt requested
to the owner, and a copy of the order shall be given to the Enforcement
Officer, complainant, and the Town Clerk for filing.
d. A person who, after receiving notice, fails to comply with the terms
of the order shall be fined in accordance with the provision under SECTION
V subsection 8 of this Ordinance.
11. Winter Dog Control
During the winter months, between October 1st and May 1st of each year,
any dog unattended, running free, or seen running free by an authorized Enforcement
Officer, shall be impounded and the owner fined in accordance with the provisions
under SECTION V subsection 1 of this Ordinance.
SECTION V PENALTIES
1. If the owner can be determined, the Enforcement Officer shall notify
the owner of each dog that is impounded, and the owner may redeem the dog
upon payment to the Town of Montgomery a;
a. fine of fifteen, ($15), dollars and the cost of the impoundment
for the first impoundment,
b. fine of thirty five, ($35), dollars and the cost of the impoundment
for the second impoundment within a twelve month period,
c. fine of sixty five, ($65), dollars and the cost of the impoundment
for the third and subsequent impoundment with in a twelve month period.
2. An impounded dog not redeemed by its owner within seven, (7), days
of notification of the impoundment may be destroyed by the Poundkeeper and
the owner shall be liable to the Town of Montgomery for the fine and cost
of the impoundment.
3. In the event the owner of an impounded dog cannot be ascertained,
a description of the dog shall be posted intwo, (2), public places within
the Town of Montgomery, one of which shall be the Town Clerk’s Office, for
a period of seven, (7), days. If the owner does not redeem the dog within
the seven, (7), day period, the Poundkeeper shall either sell the dog and
apply the proceeds to the cost of impoundment, or destroy the dog.
4. the owner of dogs found to be in violation of SECTION IV subsection
5.b. of this Ordinance shall be fined not more than two hundred, ($200),
dollars nor less than fifty, ($50), dollars for each violation.
5. Any owner found to be in violation of SECTION IV subsection 11.b.
shall be fined an amount not to exceed two hundred, ($200), dollars.
6. Any person found to be in violation of SECTION IV subsections 11.b.
or d., shall be fined an amount not to exceed five hundred, ($500), dollars.
SECTION VI AMENDMENTS
1. This Ordinance may be amended by a majority vote of the legislative
body at any duly warned meeting, providing the subject appears on the agenda
for that meeting.
2. Any amendments to this Ordinance shall take effect in accordance with
24 V.S.A. §1971.
SECTION VII APPEALS
1. An owner who has received a complaint against them may request a hearing
before the legislative body by filing a request in writing to the Town Clerk
no later than twenty, (21), days after the date of being notified of the complaint.
2. If the owner makes a timely request for a hearing, the legislative
body shall hold a hearing on the matter within fourteen, (14), days of receipt
of the request. The owner and complainant shall be notified of the date,
time, and place of the hearing by certified mail, return receipt requested.
3. If the owner does not request a hearing in a timely fashion, all rights
of a hearing and further appeals are forfeited.
4. After the hearing the legislative body shall affirm or reject the
complaint, and notify the owner and complainant of the decision by mail or
hand delivery.
5. An owner or complainant aggrieved by the decision of the legislative
body following a hearing, may appeal the decision to the Superior Court
within thirty, (30), days of receipt of the decision. The Superior Court
shall consider the matter de novo.
SECTION VIII EFFECTIVE DATE
1. This Ordinance shall become effective sixty, (60), days after its
adoption by the legislative body, unless a petition is filed under 24 V.S.A.
§1973, in which case said statute shall govern the taking effect of
this Ordinance.
2. A petition, as provided for in 24 V.S.A. §1973, for a vote on
the question of disapproving this Ordinance, or amendments thereto, shall
be signed by not less than five, (5), percent of the qualified voters in
the Town of Montgomery, and presented to the legislative body or to the Town
Clerk within forty four, (44), days following the date of adoption of the
Ordinance. If such a petition is properly filed, the legislative body shall
call a special meeting within sixty, (60), days from receipt of the petition,
or include an article in the warning for the next annual town meeting if
the annual town meeting falls within the sixty, (60), day period, to determine
whether the voters will
disapprove the Ordinance.
SECTION XI ENFORCEMENT
The person or persons appointed by the legislative body to carry out
the provisions of this Ordinance shall be designated as the Enforcement Officer.
Section X NOTICE
1. This Ordinance shall be entered into the minutes of the Town records
and shall be posted in at least five conspicuous places in Town.
2. The full text of this Ordinance, or a concise summary of it including
a statement of purpose, principal provisions, and table of contents or list
of section headings, shall be published in a newspaper circulating in the
municipality within fourteen, (14), days of it’s adoption.
3. A reference to a place within the municipality where the full text
may be examined, shall be published along with a concise summary. When the
text or concise summary of this Ordinance is published, the notice shall
explain citizens’ rights to petition for a vote on the Ordinance at an annual
or special meeting as provided in 24 V.S.A. §1973, and the notice shall
also contain the name, address and telephone number of a person with knowledge
of, and who is available, to answer questions about this Ordinance.
SECTION XI SEVERABILITY
If any section of this Ordinance is held by a court of competent jurisdiction
to be invalid, such finding shall not invalidate any other part of this
Ordinance.
Amended January 21, 2002
Board of Selectmen
Town of Montgomery
Jerry Mayhew, Chairman
Brent Godin
Arthur St Onge, Jr.
Kenneth Cota
Merle Van Gieson