(a) (1) No person being the owner or keeper of any animal shall permit such animal to run at large on any public place, or upon any unenclosed lands of another, or upon the premises of another. Any animal off the premises of its owner or keeper shall be deemed to be running at large unless the animal is restrained by a tether not more than six feet in length, a kennel or a cage that is sufficient to restrain the animal.
(2) The responsibility of the owner or keeper under this section shall be that of strict liability provided that it shall be an affirmative defense that the animal was released by a third party without knowledge or consent of the owner or keeper or a police dog or civilian assistance dog in the performance of training for their official duties or animals under the control of their owners or keepers or handlers while participating in organized competition or activities.
(Ord. 1186. Passed 6-9-03.)
(Ord. 1186. Passed 6-9-03.)
(b) The Animal Control Officer or any police officer may pick up or impound any animal found to be in violation of any provision of law.
(c) If the impounded animal is a dog or cat, it shall be impounded for a period of not less than three days.
(d) The Animal Control Officer shall give notice to the owner, harborer, or keeper by telephone, door tag, or other reasonable means. The dog or cat may be redeemed by recent evidence of its registration and payment of a pick up fee of ten dollars ($10.00).
(e) If the impounded animal is a dog or cat that was not registered at the time it was impounded, the owner, harborer, or keeper thereof may secure the release of such animal upon proof that it is now duly registered and by paying a pick up fee of twenty dollars ($20.00).
(f) The foregoing pick up fees shall be charged and collected in addition to any pick up, impoundment, or licensing fees employed by the County or other appropriate agency. Further, nothing in this section shall prevent the filing of a complaint in the Municipal Court for violation of any provision of this chapter.
(g) The disposition of unclaimed animals:
(1) Dogs that have been impounded and not redeemed shall be delivered to the County Dog Warden or otherwise disposed of as determined by the Animal Control Officer.
(2) Cats that have not been redeemed within three days from the date of impoundment shall be forfeited to the Village and may be disposed of by adoption or by such other means as determined by the Animal Control Officer.
(3) Any domestic farm animal for which a permit has been issued may be redeemed within three days of impoundment by presenting proof of ownership and a pick up fee of twenty dollars ($20.00). If such domestic farm animal is not redeemed within three days, it shall be forfeited to the Village of Montpelier and shall be disposed of as determined by the Animal Control Officer.
(h) Wild animals and domestic farm animals without permits shall be considered as contraband and shall be forfeited to the Village immediately upon impoundment. Such animals shall be disposed of as determined by the Animal Control Officer.
(i) In the course of impounding an animal, the Animal Control Officer, any police officer, or any veterinarian may humanely destroy the animal if it is necessary because of obvious disease or injury or if it is a feral, vicious, unapproachable, or unhandleable.
(j) Whoever violates this section is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense.
(Ord. 1126. Passed 8-9-99.)