Ordinance 7.5
Sponsor: Ordinance Committee
Public Hearing Dates:
First reading: 02/12/24
Referred to: Ordinance Committee
on 03/11/24
Second reading: 03/24/25
Action: adopted as amended
Date: 03/24/25
Signed by Mayor: 03/27/25
Published: 04/02/25
Effective: 04/23/25
It is hereby Ordained by the City Council of the City of Burlington as follows:
That Chapter 5, Animals and Fowl, and Chapter 22, Parks, of the Code of Ordinances of the City of Burlington be and is hereby amended by amending Article I, In General; II, Dogs; Article III, Enforcement and Impoundment; Section 22-13, Animals Prohibited, Exceptions; to read as follows:
Chapter 5
ANIMALS AND FOWL
Article I. In General
5-1 Pound established Animal shelter provided.
There shall be established by the city council a pound for the impounding of all beasts liable to be impounded. The poundkeeper or their designee shall designate animal shelters or other facilities for all domestic and exotic animals they determine to be in need pursuant to Section 5-25 below.
5-2 Appointment of poundkeeper; compensation.
(a) It shall be the duty of the mayor to appoint such a poundkeeper pursuant to Section 122 of the charter who may also be an enforcement official authorized to enforce this chapter. That person shall facilitate and oversee placement of animals at large or otherwise required to be impounded pursuant to this chapter. poundkeepers as may be required to take care of and keep such pound as may be established. Their compensation shall be the same as provided by the laws of this state for poundkeepers in towns.
(b) “Enforcement official” when used in this chapter shall mean any city official designated by the city council to issue municipal tickets. Said designee(s) shall be reported to the Vermont Judicial Bureau per the Bureau’s administrative roles.
5-3 Animal bites.
It shall be the duty of every person bitten, or his or her their parent or guardian, and the attending physicians to report to the an enforcement official, who shall report to the city health officer, within twenty-four (24) hours, if feasible, the name, address and telephone number of the owner or keeper of the animal who which bit the person and the complete circumstances, to the extent known.
5-4 Nuisance animals.
(a) No owner, keeper or other person having control shall permit an animal to be a nuisance animal. For the purposes of this section, nuisance animal means any animal or animals whoich:
(1) Molests Attacks or harasses passersby or passing vehicles, or otherwise creates a public safety hazard;
(2) Attacks other animals, including domestic pets, avians, and wildlife, off the owner’s premises;
(3) Damages property other than that of its their owner, damage may include but is not limited to, damage caused by urination or spraying;
(4) Defecates off the premises of the animal’s owner, and the owner, or other individual in control of the animal, fails to remove such deposit immediately;
(5) Dogs at large as defined by Section 5-14 below;
(6) Trespasses on the property of another; or
(57) Barks, whines, howls, cries, or makes a noise commonly made by such animals in an excessive and continuous fashion so as to disturb the peace and quiet of any other person.
(b) Any animal determined to be a nuisance animal by an enforcement official shall be impounded if the owner, or owner’s agent, is not present and cannot be located immediately.
5-5 Exotic animals.
(a) Purpose and findings: The purpose of this section is to enhance the public safety of persons who are present on the district known as the Church Street Marketplace (the Marketplace) and in the city’s parks by regulating the presence of “exotic” animals on the Marketplace and in the city’s parks. The council finds that such pets can pose a threat to the public health, safety, and welfare if present on the Marketplace and in city parks. Such pets are unlicensed and are not typically leashed, as is required of domestic dogs.
(b) Definitions: “Exotic pet” means all animals except domestic dogs, domestic cats and the European ferret (Mustela putorious furo).
(c) General prohibition: No person shall have an exotic pet or permit their exotic pet to be on or about the Marketplace or within a city park unless expressly approved by the Marketplace Director or Parks Department respectively or exempted under the terms of this section.
(d) Exemptions: A person may have or permit an exotic pet to be on or about the Marketplace or within a city park when done to transport the pet directly from a pet store in the vicinity of the Marketplace or city park after purchase of such pet or to return such pet to said pet store. The person must retain a receipt for the purchase of such pet and shall display the receipt upon demand from any enforcement official animal control officer, law enforcement officer, or other person duly authorized to enforce animal control ordinances.
5-6 Use of non-domesticated animals for public display prohibited.
(a) Purpose. This section is intended to assist in the prevention of the mistreatment of non-domesticated animals used in any public display, to reduce risk of harm to the public from accidents and incidents involving such animals, and to reduce the public health risk associated with diseases and pathogens carried by such animals.
(b) Definitions.
(1) Non-domesticated animals are defined as Felidae (all wild cats and hybrids thereof), Ursidae (all bears), Proboscideae (all elephants), and Non-human Primates and Prosimians.
(2) Public display shall mean the exhibition, presentation or showing of live non-domesticated animals to the general public regardless of whether for profit, on a not for profit basis or without charge.
(c) Prohibition. The public display of live non-domesticated animals within the corporate limits of the city is prohibited.
5-7—5-12 Reserved.
ARTICLE II. DOGS AND CATS
5-13 Definitions.
The following definitions shall apply to this article:
“At-large” shall mean not under the control of the owner, a member of the owner’s immediate family, or the owner’s agent or another individual either by leash, cord, chain or other similar means of physical restraint.
“Cat” shall include both male and female of the feline species.
“Dangerous dog” shall mean a dog that attacks or bites a person or other domestic pet while the dog is off the premises of the owner or keeper. Dangerous dog complaints shall be investigated pursuant to section 5-27(b).
“Dog” shall include both male and female of the canine species. Dog shall also mean any animal whoich is considered to be a wolf-hybrid as defined in 20 V.S.A. § 3541(6).
“Enforcement official” when used herein shall mean any animal control officer, police officer, poundkeeper, urban park ranger or other individual specifically designated by the city council to enforce the provisions of this chapter.
“Owner” shall include any person or persons, firm, association or corporation owning, keeping or harboring a dog or cat.
“Vicious dog” shall mean a dog which attacks or bites a person or other domestic pet while the dog is off the premises of the owner or keeper, and the person or pet attacked or bitten requires medical attention. Vicious dog complaints shall be investigated pursuant to section 5-27(b).
5-14 At-large prohibited.
(a) Prohibition. Except as exempted below, no person shall permit a dog for whom they are the owner, owned by him or her agent of the owner, or keeper to be at-large as defined in section 5-13 or to trespass upon the property of another, public or private.
(b) Public Safety. Should an at-large dog be deemed to pose an imminent public safety risk, said animal may be killed by the Police Department or their designee. Such an act shall occur where other reasonable means to control the animal have been unsuccessful or deemed not practicable under the circumstances.
(c) Exemptions. A dog may be is not at-large if it is they are:
(1) On the premises of the dog’s owner;
(2) On the premises of the person under whose control the dog is under; or
(3) On the premises of another person as long as that person has given permission for the dog to be at-large;
(4) A dog is not at-large if they are in a designated off-leash dog area managed and regulated by the board of parks and recreation commissioners.
5-15 License and rabies vaccination required.
(a) Licensing. Every owner or keeper of a dog or cat more than six (6) months old shall be required to annually register and license the animal, in the manner prescribed by the city, with the city clerk’s office and to do so annually provided that no owner shall be required to register a dog or cat more than once in any calendar year. Pursuant to 20 V.S.A. §3582, if application is made after October 1, the fee for the license shall be one-half the amount otherwise required. The license shall expire on the first day of April next after its issuance. Upon issuance of such license and payment of the license fee as required in section 5-16 of this chapter, each dog owner shall receive a dog license tag.
(b) Rabies vaccination. Proof of a current rabies vaccination, as required by state law, shall be required for the licensing of any animal.
(c) Fixture of tag. The dog license tag issued to any person as provided herein as well as up to date identification that includes the name and contact information for the owner of the dog or cat shall be securely attached to a collar or harness on such licensed dog or cat and worn at all times or the dog or cat shall have a current microchip.
(d) Effective Date. The requirements for licensing of cats shall become effective April 1, 2026.
5-16 License fees.
(a) In addition to the license fee and any penalty fee required by state law, the municipal fee for each license required by this article shall be twenty dollars ($20.00) for each neutered/spayed dog and forty dollars ($40.00) for each non-neutered/non-spayed dog recommended by the clerk’s office and approved by the city council, provided that the fee for an intact dog or cat shall be greater than that for a neutered or spayed dog or cat. The fees established under this section shall be reviewed not less than every five years.
(b) The owner or keeper of a neutered/spayed dog that serves as the person’s service animal under the Americans with Disabilities Act may request waiver of the municipal license fee (but not the state fee) by providing to the city clerk’s office adequate responses to the following questions in writing:
• Is the dog a service animal required because of a disability?
• What work or task has the dog been trained to perform?
5-17 Removal of dog and Cat waste required.
The owner, keeper or person in control of any dog or cat shall be responsible for the removal of any defecation deposited by such dog or cat on any public or private property.
5-18—5-23 Reserved.
ARTICLE III. ENFORCEMENT AND IMPOUNDMENT
5-24 Penalties.
An offense of any provision of this chapter by any person shall be deemed a civil ordinance violation and shall be punishable by the following penalties:
(1) First offense. A first offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than one two hundred dollars ($1200.00) and no more than one two hundred fifty dollars ($1250.00). The waiver fine shall be two one hundred dollars ($1200.00).
(2) Second offense. A second offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than one two hundred fifty dollars ($1250.00) and no more than three two hundred fifty dollars ($2350.00). The waiver fine shall be two one hundred fifty dollars ($2350.00).
(3) Third and subsequent offenses. A third or subsequent offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than three two hundred fifty dollars ($2350.00) and no more than five hundred dollars ($500.00). The waiver fine shall be three two hundred fifty dollars ($2350.00).
In addition to the penalties provided in this section:
(1) Any person found in violation of this chapter may be subject to a restorative justice process with the Burlington Community Justice Center at the discretion of the animal control committee.
(2) a Any animal found in violation of this chapter may be impounded as provided in section 5-25 of this chapter.
5-25 Impoundment.
(a) Authority to impound. Dogs Any animal in violation of any provision of this chapter or suspected of being diseased or injured may be taken by the enforcement officerial and impounded in the city animal shelter pound and there confined in a humane manner, except that any animal suspected of being a stray may be impounded. The enforcement officer may, in lieu of boarding and when in the public interest and consistent with the public safety, allow an impounded dog to remain confined in the custody of its owner on the owner’s recognizance that the dog shall remain confined to the owner’s property, follow the terms of impoundment set by the enforcement officer and shall not be in violation of any provision of this chapter. Confinement in lieu of boarding shall continue until such time as the violation or condition authorizing impoundment has been abated.
(b) Impoundment fees. Any dog animal impounded under the provisions of this chapter shall be released only on payment of a one hundred seventy-five dollar ($75100.00) impoundment fee.
(c) Boarding fee. In addition to the impoundment fee charged herein there shall be an additional charge of ten dollars ($10.00) per day actual expenses for board for each day the period that the animal dog is impounded except that if an animal is claimed up to three (3) hours after impoundment, the owner will be responsible for one-half (1/2) day’s boarding fee. If an animal is claimed within two (2) hours of opening business hours on the following business day, the owner will not be charged for that day’s boarding fee.
(d) City clerk to collect fees before releasing animal dog. It shall be the duty of the city clerk to collect all impound and boarding fees before releasing an animal dog.
(e) Unlicensed dogs and cats to be licensed before release. If an impounded dog or cat is unlicensed, in addition to the impoundmenting and boarding fees set forth herein, the dog or cat shall not be released without the payment of the license fee required by section 5-17, except that if the impounded dog or cat has not had its proper vaccinations to be registered a one hundred forty-five dollar ($10045.00) cash deposit shall be posted with the city clerk or their his or her designated agent(s) until proof of registration is presented. A dog or cat released under cash deposit shall be registered within two (2) working days after its release. If the dog or cat is not registered within the time period set forth herein, the cash deposit shall be forfeited and the owner of the animal shall be subject to additional penalties under the provisions of 20 V.S.A. Chapter 193
(f) Disposition of unredeemed dogs animals. If any impounded animal dog with a current and effective license established by proof of a dog license tag,is not redeemed within (7) days of its impoundment, it the animal shall be sold or given away offered for adoption at the city animal shelter or transferred to a cooperating animal shelter as defined in 20 V.S.A. §3901. If any impounded dog without a current and effective license established by proof of a dog license tag, is not redeemed within (5) days of its impoundment, it shall be sold or given away. Any proceeds from the sale of any impounded dog shall first be allocated to taxes, fees and other charges related to the impoundment. Any balance then remaining shall be paid to the owner if any is found. If proceeds from the sale of the unredeemed dog do not cover the costs associated with the impoundment, the balance of sums owed under this chapter may be collected in a civil action brought under this section. If any unredeemed animal dog is not sold or given away adopted because of disease, temperament or other cause, it shall be euthanized destroyed in a humane way. The impoundment period may be waived by the poundkeeper director of the animal shelter in the case of a severely injured animal whose owner cannot be located or is unwilling to claim the animal.
(g) Interference with impoundment. Any person who interferes with the impounding of an animal dog under provisions of this article or releases, or who attempts to release, an impounded animal dog contrary to this article shall be in violation of this chapter.
(h) Notice of impoundment. Within twenty-four (24) hours of the impoundment of any animal dog under this chapter, the enforcement officialer shall make every reasonable attempt to notify the owner of the impounded animal dog of such impoundment. Such notice shall include either personal contact with the owner or a written notice posted at the dwelling house of the owner.
5-26 Cruelty.
Any person who shall torture, torment or cruelly neglect to provide with necessary sustenance or shelter, or shall cruelly beat or needlessly mutilate or illegally kill any animal, or any person who shall cause any animal to be tortured, tormented, or fight with other animals, or deprived of necessary sustenance or to be cruelly beaten or needlessly mutilated or illegally killed shall be guilty of a misdemeanor offense and shall be punishable by a fine of from one three hundred dollars ($1300.00) to five hundred dollars ($500.00).
5-27 Animal control committee.
(a) Animal control committee established. For purposes of this section, an animal control committee is established. The animal control committee will be a subcommittee of the Burlington Police Commission and shall consist of three (3) commission members, one (1) licensed veterinarian, and (1) certified animal behavior professional to be appointed on an as needed basis by the chair of the Burlington Police Commission. The designated animal control officer shall be the prosecuting officer for any violation brought before the committee.
(b) Vicious Dangerous dogs. Upon written complaint received or initiated by the Burlington Police Department by a city resident that a dog is alleged to be dangerous vicious as defined in section 5-13(e), the animal control committee may hold a hearing on the facts of the complaint and, if the dog is found to be dangerous, vicious make such order as necessary to protect the public. Such order may include, but is not limited to, any of the following: confinement in a secure enclosure or other similar restriction, muzzling adoption, or euthanasia destruction in a humane manner. In addition, the animal control committee may revoke the privilege of any owner to keep, harbor or have custody of any animals while in the city and that no new privileges be granted.
(c) Repeated impoundment. In the event that any dog shall be impounded three (3) or more times in a twelve-month period, the animal control committee may, at the request of an enforcement official, or in their discretion, hold a hearing after which they may make such order as is necessary to protect the public. Such order may include, but is not limited to, any of the following: confinement in a secure enclosure or other similar restriction, muzzling adoption, or euthanized destruction in a humane manner In addition, the animal control committee may revoke the privilege of any owner to keep, harbor or have custody of any animals while in the city and that no new privileges be granted.
(d) Penalty for violation of orders. Any person who violates any provision of any order of the animal control committee shall be guilty of a misdemeanor offense and shall be punishable by a fine of from three one hundred dollars ($1300.00) to five hundred dollars ($500.00).
5-28 Confinement of animals in vehicles.
(a) A person shall not leave an animal unattended in a standing or parked motor vehicle in a manner that would endanger the health or safety of the animal.
(b) Any humane enforcement officialer, law enforcement officer or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. The officer so removing an animal shall deliver the animal to a humane society, veterinarian or town or municipal pound. If the owner of the animal cannot be found, the officer shall place a written notice in the vehicle, bearing the name of the officer and the department and address where the animal may be claimed. The owner shall be liable for reasonable expenses associated with the removal, delivery, boarding and disposition of the animal and a lien may be placed on the animal for these expenses. The enforcement officerial, fire, and/or rescue personnel may not be held liable for subject to criminal or civil liability for any damage resulting from actions taken under subsection (a) of this section. If the aforementioned enforcement official/personnel are unavailable, a person who forcibly enters a motor vehicle for actions taken under subsection (a) of this section shall not be subject to criminal or civil liability for damage resulting from the forcible entry if the person: (1) determines the motor vehicle is locked or there is otherwise no reasonable method for the animal to exit the vehicle; (2) reasonably and in good faith believes that forcible entry into the motor vehicle is necessary because the animal is in imminent danger of harm; (3) notifies an enforcement official, or member of a fire and rescue service prior to forcibly entering the vehicle; (4) remains with the animal in a safe location reasonably close to the motor vehicle until an enforcement official, or member of a fire and rescue service arrives; (5) places a notice on the vehicle that the authorities have been notified and specifying the location of the animal; and (6) uses no more force to enter the vehicle and remove the animal than necessary under the circumstances. An enforcement official and/or personnel shall deliver the animal to a humane society, veterinarian or the city animal shelter. If the owner of the animal cannot be found, the enforcement official/personnel shall place a written notice in the vehicle, bearing the name of the official/personnel and address where the animal may be claimed. The owner shall be liable for reasonable expenses associated with the removal, delivery, boarding and disposition of the animal and a lien may be placed on the animal for these expenses.
(c) A violation of this section shall be a civil violation subject to the penalties imposed by Section 5-24.
5-29 Abandonment of injured animal
(a) A person shall not leave the scene of an accident in which such person has reason to believe that they have caused the injury or death of a domestic animal. Such person shall immediately contact an enforcement official, and make a reasonable effort to immediately contact the owner of the animal. If the animal is injured wildlife, the person shall contact an enforcement official or a licensed wildlife rehabilitator for assistance.
(b) A violation of this section shall be a civil violation subject to the penalties imposed by Section 5-24.
***
22-13 Animals prohibited; exception.
No domestic animals, except dogs and cats, shall be permitted in any park. Dogs shall be leashed or controlled by other similar means of physical restraint at all times, except in off-leash areas designated in the Off-Leash Dog Policy. Cats shall be leashed or confined in a carrier at all times.
* Material stricken out deleted.
** Material underlined added.