| 1 | 1 | | BILL AS INTRODUCED H.183 |
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| 2 | 2 | | 2025 Page 1 of 5 |
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| 5 | 5 | | VT LEG #380513 v.1 |
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| 6 | 6 | | H.183 1 |
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| 7 | 7 | | Introduced by Representative Dobrovich of Williamstown 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Domestic pet or wolf-hybrid control; civil liability for injury caused 5 |
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| 11 | 11 | | by domestic dogs 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to impose a 7 |
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| 13 | 13 | | strict liability standard for injury caused by domestic dogs. 8 |
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| 14 | 14 | | An act relating to strict liability for damages caused by domestic dogs 9 |
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| 15 | 15 | | It is hereby enacted by the General Assembly of the State of Vermont: 10 |
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| 16 | 16 | | Sec. 1. 20 V.S.A. § 3546 is amended to read: 11 |
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| 17 | 17 | | § 3546. INVESTIGATION OF VICIOUS DOMESTIC PETS OR WOLF - 12 |
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| 18 | 18 | | HYBRIDS; ORDER 13 |
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| 19 | 19 | | (a) When a domestic pet or wolf-hybrid has bitten a person while the 14 |
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| 20 | 20 | | domestic pet or wolf-hybrid is off the premises of the owner or keeper, and the 15 |
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| 21 | 21 | | person bitten requires medical attention for the attack, the person may file a 16 |
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| 22 | 22 | | written complaint with the legislative body of the municipality. The complaint 17 |
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| 23 | 23 | | shall contain the time, date, and place where the attack occurred, the name and 18 |
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| 24 | 24 | | address of the victim or victims, and any other facts that may assist the 19 BILL AS INTRODUCED H.183 |
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| 25 | 25 | | 2025 Page 2 of 5 |
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| 27 | 27 | | |
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| 28 | 28 | | VT LEG #380513 v.1 |
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| 29 | 29 | | legislative body in conducting its investigation required by subsection (b) of 1 |
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| 30 | 30 | | this section. 2 |
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| 31 | 31 | | (b) The legislative body, within seven days from receipt of the complaint, 3 |
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| 32 | 32 | | shall investigate the charges and hold a hearing on the matter. If the owner of 4 |
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| 33 | 33 | | the domestic pet or wolf-hybrid that is the subject of the complaint can be 5 |
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| 34 | 34 | | ascertained with due diligence, the owner shall be provided with a written 6 |
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| 35 | 35 | | notice of the time, date, and place of hearing and the facts of the complaint. 7 |
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| 36 | 36 | | (c) If the domestic pet or wolf-hybrid is found to have bitten the victim 8 |
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| 37 | 37 | | without provocation, the municipal officials shall make such order for the 9 |
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| 38 | 38 | | protection of persons as the facts and circumstances of the case may require, 10 |
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| 39 | 39 | | including that the domestic pet or wolf-hybrid is disposed of in a humane way, 11 |
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| 40 | 40 | | muzzled, chained, or confined. The order shall be sent by certified mail, return 12 |
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| 41 | 41 | | receipt requested. A person who, after receiving notice, fails to comply with 13 |
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| 42 | 42 | | the terms of the order shall be subject to the penalties provided in section 3550 14 |
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| 43 | 43 | | of this chapter. 15 |
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| 44 | 44 | | (d) The procedures provided in this section shall apply if the domestic pet or 16 |
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| 45 | 45 | | wolf-hybrid is not a rabies suspect. If a member of the legislative body or a 17 |
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| 46 | 46 | | municipal official designated by the legislative body determines that the 18 |
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| 47 | 47 | | animal is a rabies suspect, the provisions of subchapter 5 of this chapter and 19 |
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| 48 | 48 | | the rules of the Department of Health shall apply. 20 BILL AS INTRODUCED H.183 |
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| 49 | 49 | | 2025 Page 3 of 5 |
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| 51 | 51 | | |
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| 52 | 52 | | VT LEG #380513 v.1 |
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| 53 | 53 | | (e) The procedures provided in this section shall not apply if the voters of a 1 |
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| 54 | 54 | | municipality, at a special or annual meeting duly warned for the purpose, have 2 |
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| 55 | 55 | | authorized the legislative body of the municipality to regulate domestic pets or 3 |
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| 56 | 56 | | wolf-hybrids by ordinances that are inconsistent with this section, in which 4 |
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| 57 | 57 | | case those ordinances shall apply. [Repealed.] 5 |
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| 58 | 58 | | Sec. 2. 20 V.S.A. chapter 193, subchapter 7 is added to read: 6 |
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| 59 | 59 | | Subchapter 7. Damages by Domestic Dogs 7 |
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| 60 | 60 | | § 3821. CIVIL LIABILITY FOR INJURY CAUSED BY DOMESTIC DOGS 8 |
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| 61 | 61 | | (a) Strict liability. The owner of a domestic dog has a duty to keep that dog 9 |
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| 62 | 62 | | under reasonable control at all times and to keep that dog from running at 10 |
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| 63 | 63 | | large. The owner may be held liable for any injury caused by the dog 11 |
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| 64 | 64 | | regardless of whether the dog has shown any dangerous propensities or 12 |
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| 65 | 65 | | whether the owner knew or should have known of the dog’s dangerous 13 |
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| 66 | 66 | | propensities. A person who breaches the duty imposed by this section shall be 14 |
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| 67 | 67 | | subject to civil liability for any damages suffered by a person who is injured by 15 |
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| 68 | 68 | | the dog or whose domestic pet is injured by the dog while in a public place or 16 |
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| 69 | 69 | | lawfully in or on the private property of another. 17 |
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| 70 | 70 | | (b) Limitations on liability. Subsection (a) of this section shall not be 18 |
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| 71 | 71 | | construed to impose liability upon: 19 |
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| 72 | 72 | | (1) any governmental agency using a dog in military or police work if 20 |
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| 73 | 73 | | the injury occurred during the course of the dog’s official duties; or 21 BILL AS INTRODUCED H.183 |
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| 74 | 74 | | 2025 Page 4 of 5 |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | VT LEG #380513 v.1 |
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| 78 | 78 | | (2) the owner of the dog if: 1 |
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| 79 | 79 | | (A) the injured person was trespassing upon the private property of 2 |
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| 80 | 80 | | the dog’s owner; 3 |
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| 81 | 81 | | (B) the injury occurred while the dog was protecting the dog’s owner 4 |
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| 82 | 82 | | or another innocent party from attack by the injured person or a dog owned by 5 |
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| 83 | 83 | | the injured person; 6 |
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| 84 | 84 | | (C) the injury occurred while the dog was securely confined in a 7 |
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| 85 | 85 | | kennel, a crate, or another enclosure; or 8 |
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| 86 | 86 | | (D) the injury occurred as a result of the injured person enticing, 9 |
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| 87 | 87 | | disturbing, alarming, harassing, or otherwise provoking the dog. 10 |
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| 88 | 88 | | (c) Definitions. As used in this section: 11 |
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| 89 | 89 | | (1) “Domestic pet” has the same meaning as in section 3541 of this title. 12 |
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| 90 | 90 | | (2) “Owner” means a person who, at the time of the damage caused to 13 |
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| 91 | 91 | | another, regularly harbors, keeps, or exercises control over the dog, but does 14 |
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| 92 | 92 | | not include a person who, at the time of the damage, is temporarily harboring, 15 |
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| 93 | 93 | | keeping, or exercising control over the dog. 16 |
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| 94 | 94 | | (3) “Running at large” means a dog goes uncontrolled by the dog’s 17 |
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| 95 | 95 | | owner upon the premises of another without the consent of the owner of the 18 |
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| 96 | 96 | | premises or of another person authorized to give consent or goes uncontrolled 19 |
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| 97 | 97 | | by the owner upon a highway, public road, street, or any other place open to 20 |
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| 98 | 98 | | the public generally. 21 BILL AS INTRODUCED H.183 |
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| 99 | 99 | | 2025 Page 5 of 5 |
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| 101 | 101 | | |
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| 102 | 102 | | VT LEG #380513 v.1 |
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| 103 | 103 | | Sec. 3. EFFECTIVE DATE 1 |
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| 104 | 104 | | This act shall take effect on July 1, 2025. 2 |
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