Pounds and Impounding

V.S.A. tit. 20, ch. 191, subch. 2

in effect

20 V.S.A. § 3381 Maintenance of pounds

3381. Maintenance of pounds (a)(1) Each organized town shall maintain as many good and sufficient pounds as it may need for the impounding of animals liable to be impounded. (2) The pound may be kept in an adjacent town if the adjacent town consents and the poundkeeper may be a resident of an adjacent town. (b) Each town may regulate the operation of its pounds except as to matters regulated by law. Amended 1963, No. 74, § 1; 2017, No. 130 (Adj. Sess.), § 9.

20 V.S.A. § 3382 Repealed. 2017, No. 130 (Adj. Sess.), § 9.

20 V.S.A. § 3383 Impounding when no pounds

3383. Impounding when no pounds If a town does not have such pound, a person wishing to impound an animal may use his or her barn or some other enclosure for that purpose, notifying the owner of such animal where the same is impounded.

20 V.S.A. § 3384 Security to poundkeeper

3384. Security to poundkeeper When a person impounds an animal, the poundkeeper may require sufficient security to indemnify him or her for liability for detaining the animal and for supplying it with food and drink while in the pound. If the person so impounding does not furnish such security within 24 hours, he or she may release the animal and deliver the same to the owner or keeper, and the person impounding the animal shall be liable to the poundkeeper for his or her costs, trouble, and expense.

20 V.S.A. § 3411 Right to impound

3411. Right to impound A person may impound an animal found in his or her enclosure doing damage.

20 V.S.A. § 3412 Poundkeeper’s duties and liabilities

3412. Poundkeeper’s duties and liabilities The poundkeeper shall supply such animal with food and drink while in the pound, and such keeper shall be liable to pay the owner of such animal damages occasioned by neglecting so to do.

20 V.S.A. § 3413 Notice by impounder

3413. Notice by impounder The person impounding such animal, within 24 hours thereafter, shall give notice thereof to the owner or person having the care of such animal, either personally or by a written notice left at his or her dwelling house. Such notice shall require such owner or keeper to appear at the dwelling house of the impounder within 24 hours to appoint appraisers to fix the damage done by such animal.

20 V.S.A. § 3414 Liability for failure to give notice

3414. Liability for failure to give notice If a person so impounding an animal does not give such notice, he or she shall forfeit to such owner or keeper $0.50 for every 24 hours’ neglect so to do, and shall pay the damages that such owner or keeper sustains in consequence thereof, to be recovered with costs in a civil action.

20 V.S.A. § 3415 Appraisers of damages

3415. Appraisers of damages If the owner or keeper appears, he or she may appoint one person and the impounder another to appraise such damage. If such appraisers do not agree, they may appoint a third.

20 V.S.A. § 3416 Ascertainment of damages; discharge on payment

3416. Ascertainment of damages; discharge on payment The appraisers shall ascertain the damages done by the animal, and make a certificate of the amount of damages, and promptly transmit the certificate to the poundkeeper. An impounded animal shall not be discharged until the damages, charges, and costs are paid, nor shall an animal be detained after payment is made. Amended 2021, No. 20, § 194.

20 V.S.A. § 3417 Application to Superior judge

3417. Application to Superior judge If the owner or keeper of an animal impounded does not appear, or does not appoint an appraiser, or if the appraisers appointed by the parties do not agree upon a third person, the impounder may apply to a Superior judge who by law can judge between the parties in civil causes, who shall appoint one or more appraisers, as the case requires. Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 74, eff. April 9, 1974.

20 V.S.A. § 3418 Forfeiture for failure to replevy or redeem

3418. Forfeiture for failure to replevy or redeem If the owner or keeper of an animal impounded does not, within 48 hours after notice of the impoundment pursuant to the provisions of this chapter, either replevy or redeem the animal, he or she shall be liable to the poundkeeper for $3.00 for each animal left in pound, plus an additional $3.00 for each additional day the animal is left in pound. The poundkeeper may recover the amount in a civil action. Amended 1981, No. 114 (Adj. Sess.), § 2; 2021, No. 20, § 195.

20 V.S.A. § 3419 Sale of animals

3419. Sale of animals If the owner or keeper of an animal impounded does not, within 48 hours after notice thereof, replevy or redeem the same, the impounder may advertise and sell the animal, as provided when the owner is unknown.

20 V.S.A. § 3420 Procedure when owner unknown

3420. Procedure when owner unknown If the owner of an animal taken in an enclosure, doing damage and impounded, is unknown, the impounder shall, within 48 hours, post an advertisement in some public place in the town in which the animal was impounded, and in two adjoining towns, describing such animal and stating the time when and place where the same was impounded.

20 V.S.A. § 3421 Payment of damages and charges or sale of animals

3421. Payment of damages and charges or sale of animals If the owner, within 30 days after the posting of such advertisement, appears and claims the animal, he or she may receive the same on paying the damages done by it and the charges of impounding, keeping, and advertising. If the owner does not appear within the time and claim such animal, the impounder may sell the same at public auction, after six days’ notice posted in some public place in the town.

20 V.S.A. § 3422 Proceeds of sale

3422. Proceeds of sale The avails of the sale shall be applied to the payment of the damages done by the animal, to be ascertained by the fence viewers, and the expense of impounding, keeping, advertising, ascertaining the damages done, town clerk’s fees, and selling the animal. The balance shall be paid to the treasurer of the town in which the animal was impounded, to the use of the owner, if demanded within one year, otherwise to the use of the town.

20 V.S.A. § 3423 Record of sale

3423. Record of sale Immediately after the sale, the impounder shall cause a description of the animal, with an account of the associated damages, charges, and expenses pursuant to the provisions of this chapter, and the sum for which it was sold, to be recorded in the office of the clerk of the town. Amended 2021, No. 20, § 196.

20 V.S.A. § 3451 Cattle, horses, or swine

3451. Cattle, horses, or swine If a person suffers his or her neat cattle, horses, or swine to run at large on the highways or commons, any person may impound them. The owner shall pay the charges of the impounder and poundkeeper, and the poundkeeper shall not release such animals until the charges are paid.

20 V.S.A. § 3452 Notice

3452. Notice When such animals are impounded, the poundkeeper shall, within 24 hours, post a notice in a public place in the town, describing the animals and stating the time and place of impounding and the time and place of sale.

20 V.S.A. § 3453 Sale

3453. Sale If the owner of the animals, within 20 days, pays the poundkeeper his or her fees, including his or her reasonable expenses for advertising and the reasonable expense of keeping, with the impounder’s fees, the animals shall be released, otherwise they shall be sold by the poundkeeper at public auction, and the avails shall be applied as in case of the sale of animals taken doing damage when the owner is unknown. Amended 1959, No. 262, § 34, eff. June 11, 1959.

20 V.S.A. § 3454 Stallions

3454. Stallions A stallion found running at large may be impounded. Within 48 hours, the impounder shall notify the owner or keeper thereof. If the owner or keeper does not, within three days after such notice, pay to the impounder such damages as are assessed by three disinterested freeholders, appointed by a justice of the peace or a Superior judge of the county, with the costs and expenses of impounding, appraising, and the poundkeeper’s charge of $50.00 per day, the impounder may sell the stallion at public auction to satisfy the same, giving four days’ notice of the time and place of sale, and the balance, after paying the damage and expenses, shall be paid to the treasurer of the town in which the stallion was impounded, for the use of the owner, if demanded within one year, otherwise to the use of the town. Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1997, No. 16, § 3.

20 V.S.A. § 3481 Breaking open pound; unlawful release

3481. Breaking open pound; unlawful release A person who breaks open a pound, or directly or indirectly releases an animal impounded, without authority so to do, shall be fined $25.00 and shall be liable to the person impounding for the damages occasioned thereby.

20 V.S.A. § 3482 Escapes and rescues

3482. Escapes and rescues If an animal escapes, or is unlawfully rescued from a pound, such animal may, within five days thereafter, be retaken wherever found and again impounded by the keeper of the pound, or by the person impounding it, and the animal shall be held for the payment of the fees and charges, as in this chapter provided. In case the animal was rescued with the knowledge and assent of the owner or keeper, it shall be held for the payment of the reasonable expense and trouble that accrues in retaking the same, to be paid to the poundkeeper, like other charges and expenses.

20 V.S.A. § 3483 Hindering retaking

3483. Hindering retaking A person who hinders or impedes a poundkeeper or impounder in retaking an animal shall be fined $10.00 and shall pay the damages to the person injured.

20 V.S.A. § 3484 Taking animal from or impeding impounder

3484. Taking animal from or impeding impounder A person who rescues an animal from the custody of a person driving or about to drive it to pound, or resists him or her in so doing, shall be fined $10.00 and shall pay the damages to the person injured.

20 V.S.A. § 3485 Limitation of prosecution

3485. Limitation of prosecution Prosecutions under the provisions of this subchapter shall be commenced within one year after the commission of the offense, and not after.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/20/191Fetched: 10/21/2026