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2014 VLCT Big Book of Woof

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2014 VLCT Big Book of Woof VERMONT LEAGUE OF CITIES AND TOWNS THE BIG BOOK OF WOOF Handbook on Vermont Municipal Dog Law Serving and Strengthening Vermont Local Governments The Vermont League of Cities and Towns (VLCT) was founded in 1967 as a nonprofit, nonpartisan organization dedicated to serving and strengthening Vermont local government. Today, VLCT supports its member municipalities by offering them a comprehensive insurance program, representation before the state and federal governments, and an extensive educational and technical assistance program. In 2003, VLCT added a new level of service for its member municipalities when it opened the Municipal Assistance Center (MAC). MAC is comprised of six professionals with diverse backgrounds in municipal law, public management, municipal research, land use planning and administration, and water quality protection. MAC’s mission is to provide local officials with the education, training, and professional assistance they need to fulfill their statutory duties. MAC is supported by membership dues, a state grant, and fees for professional services. The Center fields telephone inquiries from municipal officials, maintains a comprehensive online resource library of handbooks, reference and training materials, and sponsors workshops on current issues affecting local government. The MAC team is also available to contract with municipalities for individualized assistance, including customized onsite workshops, and ordinance and policy drafting and review. This handbook is an on-line publication of the Vermont League of Cities and Towns Municipal Assistance Center. Please be aware that the electronic versions of VLCT handbooks are not exact reproductions of the paper versions. Page numbers may have changed. Use the Bookmarks or the PDF search function to find information. If printing, use the page numbers from the PDF navigation at the top or bottom of the screen – not the numbers from the physical paper version. Subject to the copyright provisions outlined below, this handbook can be downloaded and saved (open and “save as”) onto individual computers to facilitate faster access and convenience. Once a handbook is saved to an individual computer, on-line time will be cut down and printing all or part of a handbook can occur on an as-needed basis. Copyright © 2014 by the Vermont League of Cities and Towns. All rights reserved. Except as permitted under the Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means or stored in a database or retrieval system without the prior written permission of the Vermont League of Cities and Towns; however, municipal officials in the state of Vermont are granted permission to store, reproduce and distribute this publication for official use. THE BIG BOOK OF WOOF TABLE OF CONTENTS ABOUT THIS HANDBOOK ........................................................................................................3 INTRODUCTION..........................................................................................................................4 CHAPTERS I. DOG IMMUNIZATION AND LICENSING ...........................................................................5 IMMUNIZATION .......................................................................................................................6 LICENSING ................................................................................................................................7 1. Licensing Fees .......................................................................................................................7 Where Does It All Go? ..........................................................................................................8 2. Pet Dealer License .................................................................................................................9 3. Breeding [or Special] License ...............................................................................................9 4. Working Farm Dog License.................................................................................................10 Doggie Tourist License .......................................................................................................11 II. ENFORCEMENT ...................................................................................................................12 SELF EXECUTING STATE LAW ...........................................................................................12 1. Killing Dogs .........................................................................................................................13 2. Ticketing ..............................................................................................................................16 3. Impoundment .......................................................................................................................17 4. Vicious Dog Hearing ...........................................................................................................18 ENABLING STATE LAW ........................................................................................................18 1. Ordinances ...........................................................................................................................20 III. THE "VICIOUS DOG" HEARING ....................................................................................23 1. Bad Dog or Bad Hearing......................................................................................................24 2. The Complaint and Proper Notice .......................................................................................26 3. What to Do with the Dog During the Hearing? ...................................................................28 4. The Purpose of the Hearing .................................................................................................28 THE HEARING .........................................................................................................................30 1. Rules of Procedure ...............................................................................................................31 2. Managing Evidence and Testimony.....................................................................................31 3. Concluding the Hearing, Deliberations and the Written Decision ........................................31 THE PROTECTIVE ORDER ....................................................................................................32 1. Reasons Why Dogs Bite ......................................................................................................33 2. Dog Talk ..............................................................................................................................33 SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS 3. What Should the Protective Order "Order"..........................................................................34 THE APPEAL ........................................................................................................................36 FAILURE TO COMPLY WITH THE PROTECTIVE ORDER ..........................................36 VOTER ENABLED ORDINANCE ......................................................................................37 IV. ANIMAL CRUELTY ............................................................................................................38 V. "ASK SPOT"...........................................................................................................................39 SERVICE DOGS .......................................................................................................................39 ABANDONED AND STRAY DOGS.......................................................................................40 POTPOURRI .............................................................................................................................42 APPENDICES A. VICIOUS DOG COMPLAINT FORM ................................................................................46 B. RESPONSE TO VICIOUS DOG COMPLAINT .................................................................47 C. NOTICE OF PUBLIC HEARING FOR VICIOUS DOG HEARING .................................48 D. NOTICE TO OWNER OF VICIOUS DOG HEARING ......................................................49 E. VLCT MODEL RULES OF PROCEDURE FOR SELECTBOARD VICIOUS DOG HEARINGS ..........................................................................................................................50 F. VICIOUS DOG HEARING DECISION/PROTECTIVE ORDER .......................................52 G. NOTICE OF STRAY DOG IMPOUNDMENT ...................................................................55 H. VLCT MODEL DOGS [AND WOLF-HYBRIDS] ORDINANCE .....................................56 I. MUNICIPAL DOG AND WOLF-HYBRID LICENSES AND FEES POSTER ..................62 J. HELPFUL CONTACT INFORMATION..............................................................................66 VLCT Big Book of Woof, January 2014 Page 2 ABOUT THIS HANDBOOK The Vermont League of Cities and Towns’ (VLCT) Municipal Assistance Center (MAC) has prepared this handbook as part of its series of publications to assist both towns’ elected and appointed officers. It is not intended to be a substitute for the Vermont Statutes Annotated, but it should prove to be a valuable complement. Few fields of law demand so much immediate attention, elicit reactionary responses, draw the
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