The Animal Control
Officer/Dog Catcher is
Dale Knowles phone 425-6503
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TOWN OF CHARLOTTE
AMENDMENT OF CHARLOTTE ORDINANCE
REGARDING
NUISANCE ANIMALS
The Charlotte Ordinance regarding Nuisance Animals is hereby
amended as follows :
Section 1. Authority
This
ordinance is enacted pursuant to 24 V.S.A. '2291(1) and 20 V.S.A. '3549. It shall constitute a civil
ordinance within the meaning of 24 V.S.A. Chapter 59.
Section 2.
Regulation of Dogs
No person who
is the owner of a dog shall allow the dog to be a nuisance animal. Nuisance
animal means any (animal or animals) dog which :
1. Molests or
threatens passers-by or passing vehicles on
public
roads or property;
2. Attacks other
animals;
3. Is at large,
(being "at large" is defined as off the
owner's
property, or not under leash or direct verbal
command of
the owner, agent or guardian);
4. Damages
private or public property;
5. Barks,
whines, howls or cries in an excessive, continuous
or untimely
fashion, so as to disturb the peace and quiet of any neighborhood or so as to
materially disturb or annoy
any person in
the neighborhood;
6. Is unlicensed
in violation of 20 V.S.A. '3581.
Section 3. Impoundment
of Dogs Found at Large
Any law
enforcement officer, constable, or animal control officer may apprehend any dog
at large in violation of Section 2. They may impound such animal in an animal
shelter or other suitable place designated by the Selectboard. Any nuisance
animal impounded may not be released until all fines and an impounding fee of
$25.00 is paid to the Town Office, and a certificate of rabies vaccination and
dog license for the current year are shown. The owner of the dog shall, in addition,
be responsible for any and all fees charged by the poundkeeper or other person
designated by the Selectboard for the care of the animal while impounded.
Section 4. Notice
of Violation Following Impoundment
a. Upon
apprehending and impounding a nuisance animal, the apprehending official shall
issue a notice of violation, which shall be delivered in person or mailed to
the owner of the animal by certified mail. The notice of violation shall
include :
1. A brief
statement of the alleged violation.
2. A
statement that the owner has the right to a hearing
before
the Selectboard and a statement that failure to
request
a hearing within 10 days of the date of mailing
of the
notice shall constitute a waiver of the right to
a
hearing.
3. A
statement of charges and fines due if the Selectboard
finds
that the animal has violated this ordinance or if
the
owner does not request a hearing.
b. If the
owner of the dog is unknown, written notice shall be posted for at least three
days in conspicuous places in the Town (the Charlotte Town Offices and the
Charlotte Post Office).
Section 5. Selectboard
Hearing Following Impoundment
A person who
receives a notice of violation shall be provided a hearing before the
Selectboard if the person submits a written request for a hearing to the Town
Clerk within 10 days of the date of mailing of the notice of violation. If the
owner does timely request a hearing, the Selectboard shall hold a hearing
within 14 days of receipt of the request. The Selectboard shall render its
decision in writing within 10 days of the date the hearing is concluded.
Section 6.
Disposition of Unclaimed Dogs
If, after ten
(10) days of impoundment, the owner of any dog cannot be found, the dog may be
given to the Humane Society for adoption or destroyed in a humane way. If the
owner of any dog is known, and he/she does not reclaim the dog, the dog may be
given to the Humane Society or destroyed in a humane way and the owner of the
dog will be liable for any and all fees involved. The Selectboard may choose to
collect any and all fees involved in the impounding of a dog by a civil action
against the owner.
Section 7. Enforcement
Before the Traffic and Municipal
Ordinance
Bureau
Any person
who owns a dog that violates any provision of this ordinance shall be subject
to a civil penalty of up to $500 per day for each day that such violation
continues. Any law enforcement officer, constable, or animal control officer
may, in lieu of apprehending a dog at large, act as an issuing Municipal
Official and issue and pursue before the Traffic and Municipal Ordinance Bureau
a municipal complaint for any dog to have violated any provision of this
ordinance.
Section 8. Waiver
Fee for Municipal Complaint
An Issuing
Municipal Official is authorized to recover a
waiver fee, in lieu of a civil penalty, in the following
amount, for any person who declines to contest a municipal complaint and pays
the waiver fee:
First
Offense - $15
Second
Offense - $35
Third
Offense - $60
Fourth
Offense - $100
Fifth &
Subsequent Offense - $120
Offenses shall be counted on a calendar year basis.
Section 9. Civil
Penalty for Ordinance Violation
An Issuing
Municipal Official is authorized to recover civil penalties in the following
amounts for each violation of this ordinance:
First
Offense - $25
Second
Offense - $50
Third
Offense - $75
Fourth
Offense - $150
Fifth &
Subsequent Offense - $200
Offenses shall be counted on a calendar year basis.
Section 10. Right
to Civil Enforcement
In addition
to the enforcement procedures available before the Traffic and Municipal
Ordinance Bureau, the Town is authorized to commence a civil action to obtain
injunctive and other appropriate relief, or to pursue any other remedy
authorized by law.
Section 11.
Impounding Dogs That Have Bitten Persons
It shall be
the duty of every enforcement official to apprehend and impound any dog that
has bitten any person when an appropriate complaint is lodged to the official.
Dogs will be impounded for ten days to determine if the dog is rabid. At the
expiration of ten days such dogs shall be reclaimed by the owner, or if the
owner is not known, sold, given away or destroyed. The owner of any dog
impounded for observation is responsible for all fines and fees that may be
imposed.
Section 12.
The Selectboard shall annually
appoint an Animal Control Officer who shall have the authority to enforce this
ordinance.
Adopted March 5, 1996.