20 V.S.A. § 153 — VT Code / Title 20 / Chapter 5 / Section 153
§ 153. Construction
Status: in_force

Nothing contained in sections 151 and 152 of this title shall be construed as a direct or indirect limitation of the power of the Governor to enter into, and to amend or supplement such compacts, with legal force and effect and without the legislative authorization expressed in this chapter.
20 V.S.A. § 2866 — VT Code / Title 20 / Chapter 173 / Section 2866
§ 2866. Testimony under oath
Status: in_force

When in his or her opinion further investigation is necessary, the Fire Marshal shall take or cause to be taken the testimony under oath of all persons supposed to have knowledge of any facts or to have means of knowledge relating to any fire or matter regarding which an examination is required to be made pursuant to this chapter, and he or she shall cause the testimony to be reduced to writing.
20 V.S.A. § 3621 — VT Code / Title 20 / Chapter 193 / Section 3621
§ 3621. Issuance of warrant to impound; complaint
Status: in_force

(a)(1) The legislative body of a municipality may at any time issue a warrant to one or more police officers, constables, pound keepers, or appointed animal control officers, directing them to promptly impound all dogs or wolf-hybrids within the town or city not licensed according to the provisions of this subchapter, except as exempted by section 3587 of this title, and to enter a complaint against the owners or keepers of the impounded dogs and wolf-hybrids.

(2) A dog or wolf-hybrid impounded by a municipality under this section may be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home for the dog or wolf-hybrid. If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid may be destroyed in a humane way. The municipality shall not be liable for expenses associated with keeping the dog or wolf-hybrid at the animal shelter or rescue organization beyond the established number of days.

(b) A municipality may waive the license fee for a dog or wolf-hybrid impounded pursuant to subsection (a) of this section for the current year upon a showing of current vaccinations and financial hardship. In the event of waiver due to financial hardship, the State shall not receive its portion of a dog license fee.
20 V.S.A. § 1720 — VT Code / Title 20 / Chapter 87 / Section 1720
§ 1720. Department of Buildings and General Services
Status: in_force

Unless otherwise directed by the General Assembly, the Commissioner of Buildings and General Services, after consultation with and concurrence of the Board, shall:

(1) supervise the engineering, construction, improvement, repair, alteration, demolition, and replacement of and addition to buildings, structures, and facilities of the Home; and

(2) solicit bids and award contracts for the performance of engineering services for specific projects at the Home.
20 V.S.A. § 3591 — VT Code / Title 20 / Chapter 193 / Section 3591
§ 3591. Transfer of license
Status: in_force

A license from a municipal clerk shall be valid in any part of the State and may be transferred with the dog or wolf-hybrid licensed, provided such license is recorded by the clerk of the municipality where such dog or wolf-hybrid is kept.
20 V.S.A. § 3413 — VT Code / Title 20 / Chapter 191 / Section 3413
§ 3413. Notice by impounder
Status: in_force

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. § 1153 — VT Code / Title 20 / Chapter 61 / Section 1153
§ 1153. Equipment and facilities
Status: in_force

For the use of the State Guard, the Governor may request from the Secretary of the Army any arms, ammunition, clothing, and equipment that the Secretary of the Army, in his or her discretion and under regulations adopted by him or her, is authorized to issue and to make available to the State Guard, the facilities of State armories and their equipment, and other State premises and property that are available.
20 V.S.A. § 2 — VT Code / Title 20 / Chapter 1 / Section 2
§ 2. Definitions
Status: in_force

As used in this chapter:

(1) “All-hazards” means any natural disaster, health or disease-related emergency, accident, civil insurrection, use of weapons of mass destruction, terrorist or criminal incident, radiological incident, significant event, and designated special event, any of which may occur individually, simultaneously, or in combination and that poses a threat or may pose a threat, as determined by the Commissioner or designee, to property or public safety in Vermont.

(2) “Commissioner” means the Commissioner of Public Safety.

(3) “Director” means the Director of the Division of Emergency Management of the Department of Public Safety.

(4) “Emergency functions” include services provided by the Department of Public Safety, firefighting services, police services, sheriff's department services, medical and health services, rescue, engineering, emergency warning services, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, temporary restoration of public utility services, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.

(5) “EPCRA” means the federal Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11001-11050 (1986).

(6) “Emergency management” means the preparation for and implementation of all emergency functions, other than the functions for which the U.S. Armed Forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all-hazards. Emergency management includes the utilization of first responders and other emergency management personnel and the equipping, exercising, and training designed to ensure that this State and its communities are prepared to deal with all-hazards.

(7) “First responder” means State, county, and local governmental and nongovernmental personnel who provide immediate support services necessary to perform emergency management functions during an emergency or all-hazards event, including:

(A) emergency management and public safety personnel;

(B) firefighters, as that term is defined in section 3151 of this title;

(C) law enforcement officers, as that term is defined in section 2351a of this title;

(D) public safety telecommunications and dispatch personnel;

(E) emergency medical personnel and volunteer personnel, as those terms are defined in 24 V.S.A. § 2651;

(F) licensed professionals who would provide clinical services and emergency care in hospitals and medical facilities created to address an all-hazards event;

(G) public health personnel;

(H) public works personnel, including water, wastewater, and stormwater personnel; and

(I) equipment operators and other skilled personnel, who provide services necessary to enable the performance of emergency management functions.

(8) “Hazard mitigation” means any action taken to reduce or eliminate the threat to persons or property from all-hazards.

(9) “Hazardous chemical or substance” means:

(A) Any chemical covered by 42 U.S.C. §§ 11021 and 11022 and defined in 29 C.F.R. § 1910.1200(c) or in 18 V.S.A. § 1722.

(B) Any substance as defined in 42 U.S.C. § 9601(14) or designated hazardous by the administrator of the U.S. Environmental Protection Agency pursuant to 42 U.S.C. §§ 9602(a) or 11002(a)(2).

(C) Any hazardous material pursuant to 5 V.S.A. § 2001.

(D) Fungicides, herbicides, insecticides, or rodenticides as defined in 6 V.S.A. § 911.

(E) Any hazardous waste or material as defined in 10 V.S.A. § 6602.

(F) Any of the dangerous substances defined in section 2799 of this title.

(10) “Hazardous chemical or substance incident” means any mishap or occurrence involving hazardous chemicals or substances that may pose a threat to persons or property.

(11) “Homeland security” means the preparation for and carrying out of all emergency functions, other than the functions for which the U.S. Armed Forces or other federal agencies are primarily responsible, to prevent, minimize, or repair injury and damage resulting from or caused by enemy attack, sabotage, or other hostile action.

(12) “Radiological incident” means any mishap or occurrence involving radiological activity that may pose a threat to persons or property.
20 V.S.A. § 2986 — VT Code / Title 20 / Chapter 175 / Section 2986
§ 2986. District fire mutual aid systems; formation of
Status: in_force

Whenever three or more municipalities within the State vote to authorize their respective fire departments to render outside aid as provided in sections 2981 through 2985 of this title, they may, if they so desire, form a district fire mutual aid system, which shall be a public municipal corporation. They may petition the State Fire Marshal in writing to call the organization meeting of the system.
20 V.S.A. § 2303 — VT Code / Title 20 / Chapter 145 / Section 2303
§ 2303. Delivery to Commissioner of Public Safety
Status: in_force

(a) Any unlawful firearm in the possession of an agency that is not needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding shall, within 30 days of its receipt by the agency, be delivered to such place and in such manner as the Commissioner of Public Safety designates for ultimate disposition in accordance with the provisions of this chapter.

(b) Any unlawful firearm in the possession of an agency needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding may be retained by the agency for such purposes and until the conclusion of such prosecution or proceeding. Upon notice to the agency from a State's Attorney, other prosecuting official, or other State or federal official having jurisdiction over the subject matter that the unlawful firearm may be released, the agency shall, within 30 days of such notification, deliver the unlawful firearm to such place and in such manner as the Commissioner of Public Safety designates for ultimate disposition in accordance with the provisions of this chapter.
20 V.S.A. § 2962 — VT Code / Title 20 / Chapter 175 / Section 2962
§ 2962. Liability
Status: in_force

No political subdivision or private volunteer fire department whose fire fighting forces are rendering outside aid pursuant to this subchapter shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith, nor shall any commissioner, chief, or the superior officer of a fire department, fire company, or other firefighting force acting pursuant to this subchapter be liable on account of any act or omission on the part of any of his or her subordinates while such subordinates are rendering aid pursuant to this subchapter under the command of an officer other than himself or herself.
20 V.S.A. § 38 — VT Code / Title 20 / Chapter 1 / Section 38
§ 38. Special funds
Status: in_force

There is created a Hazardous Chemical and Substance Emergency Response Fund that shall include all monies paid to the State pursuant to section 39 of this title. The Fund shall be managed pursuant to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall be used to implement and administer this chapter, including planning, training, and response activities as well as the purchase of equipment and assisting local organizations referred to in section 6 of this chapter to develop emergency plans. Each local emergency planning committee shall receive an annual grant from the Commissioner of Public Safety. The annual total grant amount to be allocated to local emergency planning committees statewide shall not exceed $52,000.00, and the Commissioner shall divide the total annual grant amount equally among the local emergency planning committees. After disbursement of the funding and after consideration of the comments and evaluation received from the local emergency planning committee and the State Emergency Response Commission, the Commissioner of Public Safety at the Commissioner's discretion may make additional grants from the Fund to any local emergency planning committee or regional emergency response commission as well as to any political subdivisions including any city, town, fire district, incorporated village and other incorporated entities in the State in accordance with rules adopted by the State Emergency Response Commission. Unless waived by the State Emergency Response Commission, grants shall be matched by local governments in the amount of 25 percent of the grant. The matching may be by contribution or by privately furnished funds or by in-kind services, space, or equipment that would otherwise be purchased by a local emergency planning committee.
20 V.S.A. § 1274 — VT Code / Title 20 / Chapter 65 / Section 1274
§ 1274. Exemptions
Status: in_force

No officer or enlisted member of the State Guard shall be arrested on any warrant, except for treason, felony, or breach of the peace, while going to, remaining at, or returning from a place where he or she is ordered for military duty. Every officer and enlisted member of the State Guard shall, during service in the State Guard, be exempt from service in any posse comitatus and from jury duty.
20 V.S.A. § 2056 — VT Code / Title 20 / Chapter 117 / Section 2056
§ 2056. Certified records
Status: in_force

Upon the request of a Superior judge, the Attorney General, or a State's Attorney, the Center shall prepare the record of arrests, convictions, or sentences of a person. The record, when duly certified by the Commissioner of Public Safety or the Director of the Center, shall be competent evidence in the courts of this State. Such other information as is contained in the Center may be made public only with the express approval of the Commissioner of Public Safety.
20 V.S.A. § 3342 — VT Code / Title 20 / Chapter 191 / Section 3342
§ 3342. Public park, common, or green
Status: in_force

A person who permits cattle, horses, sheep, goats, or swine to run at large in a public park, common, or green without the consent of the selectboard shall be fined by a law enforcement officer or by a municipal officer or employee not more than $100.00 nor less than $50.00 for each animal running at large.
20 V.S.A. § 190 — VT Code / Title 20 / Chapter 7 / Section 190
§ 190. Removal of designees
Status: in_force

Until such time as the provisions of section 189 of this title shall be applicable, persons designated as emergency interim successors or special emergency judges shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced at any time with or without cause.
20 V.S.A. § 3173 — VT Code / Title 20 / Chapter 181 / Section 3173
§ 3173. Monetary benefit
Status: in_force

(a) The survivors of emergency personnel who dies while in the line of duty or from an occupation-related illness may apply for a payment of $80,000.00 from the State.

(b) The State Treasurer shall disburse from the Special Fund established in section 3175 of this title the monetary benefit described in subsection (a) of this section and shall adopt necessary procedures for the disbursement of such funds.
20 V.S.A. § 3422 — VT Code / Title 20 / Chapter 191 / Section 3422
§ 3422. Proceeds of sale
Status: in_force

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. § 2273 — VT Code / Title 20 / Chapter 143 / Section 2273
§ 2273. Statement and warrant for expenses
Status: in_force

The Attorney General shall present to the Governor for approval an itemized statement of his or her expenses incurred in the employment of detective service under sections 2271 and 2272 of this title. On approval of the Governor, the Commissioner of Finance and Management shall issue his or her warrant in favor of the Attorney General for such amounts.
20 V.S.A. § 2733 — VT Code / Title 20 / Chapter 173 / Section 2733
§ 2733. Orders to repair, rehabilitate, or remove structure
Status: in_force

(a) Whenever the Commissioner finds that premises or any part of them does not meet the standards adopted under this subchapter, the Commissioner may order it repaired or rehabilitated. If it is not repaired or rehabilitated within a reasonable time as specified by the Commissioner in his or her order, the Commissioner may order the premises or part of them closed, if by doing so the public safety will not be imperiled; otherwise he or she shall order demolition and removal of the structure, or fencing of the premises. Whenever a violation of the rules is deemed to be imminently hazardous to persons or property, the Commissioner shall order the violation corrected immediately. If the violation is not corrected, the Commissioner may then order the premises or part of them immediately closed and to remain closed until the violation is corrected.

(b) Whenever a structure, by reason of age, neglect, want of repair, action of the elements, destruction, either partial or total by fire or other casualty or other cause, is so dilapidated, ruinous, decayed, filthy, unstable, or dangerous as to constitute a material menace or damage in any way to adjacent property, or to the public, and has so remained for a period of not less than one week, the Commissioner may order such structure demolished and removed.

(c) Orders issued under this section shall be served by certified mail with return receipt requested or, in the discretion of the Commissioner, shall be served in the same manner as summonses are served under the Vermont Rules of Civil Procedure promulgated by the Supreme Court, to all persons who have a recorded interest in the property recorded in the place where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises.
20 V.S.A. § 13 — VT Code / Title 20 / Chapter 1 / Section 13
§ 13. Termination of emergencies
Status: in_force

The Governor:

(1) May terminate by declaration the emergencies provided for in sections 9 and 11 of this title; provided, however, that no emergencies shall be terminated prior to the termination of such emergency as provided in federal law.

(2) May declare the state of emergency terminated in any area affected by an all-hazards event.

(3) Upon receiving notice that a majority of the legislative body of a municipality affected by a natural disaster no longer desires that the state of emergency continue within its municipality, may declare the state of emergency terminated within that particular municipality. Upon the termination of the state of emergency, the functions as set forth in section 9 of this title shall cease, and the local authorities shall resume control.
20 V.S.A. § 1957 — VT Code / Title 20 / Chapter 114 / Section 1957
§ 1957. Mutual aid-Article VII
Status: in_force

(a) As used in this article:

1. “Emergency” means an occurrence or condition, temporary in nature, in which the state police department of a party state is, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety, and in which the cooperation of or aid from local police forces within the state is, or may reasonably be expected to be insufficient. Also “emergency” shall mean a situation in which an investigation of an aspect of organized crime or events connected with organized crime require augmentation, for a limited time, of the investigative personnel of the state police department from without the state.

2. “Requesting state” means the state whose state police department requests assistance in coping with an emergency.

3. “Responding state” means the state furnishing aid, or requested to furnish aid, pursuant to this article.

(b) In case of emergency, upon the request of the administrative head of the state police department of a party state, the administrative head of the state police department of each responding state shall order such part of his state police forces as he, in his discretion, may find necessary to aid the state police forces of the requesting state in order to carry out the purposes set forth in this Compact. In such case, it shall be the duty of the administrative head of the state police department of each responding state to issue the necessary orders for such use of state police forces of his state without the borders of his state, and to direct such forces to place themselves under the operational control of the administrative head of the state police department of the requesting state.

(c) The administrative head of the state police department of any party state, in his discretion, may withhold or recall the police forces of his state, or any part or any member thereof, serving without its borders.

(d) Whenever any of the state police forces of any party state are engaged outside their own state in carrying out the purposes of this Compact, the individual members so engaged shall have the same powers, duties, rights, privileges and immunities as members of the state police department of the state in which they are engaged, but, in any event, a requesting state shall save harmless any member of a responding state police department serving within its borders for any act or acts done by him in the performance of his duty while engaged in carrying out the purposes of this Compact.

(e) All liability that may arise under the laws of the requesting state or under the laws of the responding state or under the laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.

(f) Any responding state rendering aid pursuant to this Compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of state police personnel and equipment incurred in connection with such request; provided, that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense or other cost.

(g) Each party state shall provide, in the same amounts and manner, as if they were on duty within their state, for the pay and allowances of the personnel of its state police department while engaged without the state pursuant to this Compact and while going to and returning from such duty pursuant to this Compact.

(h) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its state police department in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this Compact.
20 V.S.A. § 1713 — VT Code / Title 20 / Chapter 87 / Section 1713
§ 1713. Vermont Veterans' Home Board of Trustees
Status: in_force

(a) The Vermont Veterans' Home is governed by the Vermont Veterans' Home Board of Trustees.

(b) The Board shall consist of 21 members:

(1) Twenty members shall be appointed by the Governor for staggered terms of three years, at least 15 of whom shall be veterans who have been honorably discharged from any branch of the U.S. Armed Forces. Each appointed trustee shall serve until a successor has been appointed. In the event an appointed trustee vacates the Board, is unable to serve, or is removed by the Governor for cause, the Governor shall appoint another trustee to serve the unexpired term of the departing trustee.

(2)(A) One member of the Board shall be a classified employee who has at least five years of service at the Home. This trustee shall be elected by a secret ballot administered by the Board and cast by the classified employees of the Home. This trustee shall not vote in case of a real or apparent conflict of interest, shall serve a term of three years and until a successor is elected, and may be removed by the Governor for cause.

(B) The Board shall give notice of a vacancy of this trustee position and hold an election no more than 30 days from the notice date. In the event this trustee vacates the Board, is unable to serve, or is removed by the Governor for cause, the classified employees of the Home shall elect another classified employee of the Home to serve the remainder of the unexpired term.

(c) The Board shall elect annually a president, a vice president, and a secretary from among its members. Eleven members shall constitute a quorum at all meetings; provided, however, if there is a vacancy on the Board, the number of trustees constituting a quorum shall be one more than one-half the number of the remaining trustees.

(d) Pursuant to 32 V.S.A. § 1010, trustees who are not State employees shall be entitled to per diem and reimbursement for actual and necessary expenses incurred in connection with performing their duties under this chapter.
20 V.S.A. § 3624 — VT Code / Title 20 / Chapter 193 / Section 3624
§ 3624. Who may destroy; fees
Status: in_force

(a) A police officer or constable shall humanely destroy or cause to be destroyed dogs or wolf-hybrids whenever a warrant has been issued authorizing such actions, except as exempted by section 3587 of this title. Any action must be taken within 90 days of the issuance of the warrant. The officer shall incinerate, bury, or cause to be buried or otherwise properly dispose of their remains.

(b) Any officers, other than those employed under regular pay, shall receive compensation for each dog or wolf-hybrid so destroyed as authorized by the legislative body of their respective towns. Bills for any services shall be approved by the legislative body of the municipality in which the dogs or wolf-hybrids are destroyed, and paid from monies received under the provisions of this subchapter.
20 V.S.A. § 1871 — VT Code / Title 20 / Chapter 113 / Section 1871
§ 1871. Department of Public Safety; Commissioner
Status: in_force

(a) Department of Public Safety. The Department of Public Safety, created by 3 V.S.A. § 212, shall include a Commissioner of Public Safety.

(b) Head of the Department. The head of the Department shall be the Commissioner of Public Safety, who shall be a citizen of the United States and shall be selected on the basis of training, experience, and qualifications. The Commissioner shall be appointed by the Governor, with the advice and consent of the Senate.

(c) Contract for security and traffic control. The Commissioner of Public Safety may contract for security and related traffic control, and receive reimbursement for reasonable costs that shall include costs associated with providing personnel, benefits, equipment, vehicles, insurances, and related expenses. These reimbursements shall be credited to a special fund established pursuant to 32 V.S.A. chapter 7, subchapter 5, and be available to offset costs of providing those services.

(d) Collection of fees. The Commissioner of Public Safety shall collect fees for the termination of alarms at State Police facilities and for response to false alarms.

(e) Termination fees.

(1) The termination fee for a single dedicated circuit alarm at a State Police facility will be $250.00 per user per year.

(2) An alarm company or monitoring service that is authorized to install a multi-unit alarm panel at a State Police facility will be assessed a fee of $25.00 per alarm with a minimum fee of $250.00 per panel per year.

(3) An individual or business who programs a tape dialer or other automatic notification device to transmit a voice message to a State Police facility, informing the police of a burglary or other emergency, must register such dialer with the State Police facility and will be assessed a registration fee of $50.00 per year. The fee includes an onsite inspection by a member of the State Police.

(4) If State Police respond to an alarm and it is found that the alarm was transmitted by an unregistered tape dialer or similar notification device, a registration fee of $50.00 will be assessed subsequent to that response. Unpaid registration fees are considered to be alarms in default and handled in accordance with the provisions of the section on response terminations.

(f) False alarms.

(1) A false alarm is notification given to the State Police by electronic or telephonic means that an emergency situation exists, when an emergency or other circumstance that could be perceived as an emergency does not exist and to which the State Police have responded.

(2) Alarm periods shall be based on the calendar year, January 1 through December 31.

(3) The first false alarm in an alarm period shall be at no cost. The second false alarm in the alarm period shall be assessed at $50.00 and each successive false alarm in the same alarm period shall be assessed at $75.00.

(g) Response terminations.

(1) Alarm fees that have been assessed and not paid for a period of 60 days from the date of the last billing are considered alarms in default and the State Police station commander, with the concurrence of the State Police troop commander, may notify the alarm holder that the State Police will no longer respond to alarms at that location as long as the alarm holder is in default.

(2) When in the opinion of the station commander, with the concurrence of the troop commander, there exists a chronic false alarm problem that the alarm holder appears not to have taken reasonable measures to correct, the station commander may send notification that the State Police will no longer respond to alarms at that location until the problem is corrected even if the alarm holder is not in default on fees assessed.

(h) Appeal. An alarm holder may appeal a decision of the station commander to the troop commander.

(i) Contract for dispatch functions. The Commissioner of Public Safety may enter into contractual arrangements to perform dispatching functions for State, municipal, or other emergency services.

(j) Charges collected. Charges collected under subsections (e), (f), and (i) of this section shall be credited to the Vermont Law Telecommunications Special Fund and shall be available to the Department to offset the costs of providing the services.
20 V.S.A. § 3902 — VT Code / Title 20 / Chapter 194 / Section 3902
§ 3902. Registration of fairs
Status: in_force

No person may operate a fair as defined under section 3901 of this title unless a certificate of registration for the fair has been granted by the Secretary. Application for the certificate shall be made in a manner provided by the Secretary. No fee shall be required for the certificate. Certificates of registration shall be valid for a period of one year or until revoked and may be removed for like periods upon application in the manner provided.
20 V.S.A. § 2831 — VT Code / Title 20 / Chapter 173 / Section 2831
§ 2831. Investigations
Status: in_force

(a) The Fire Marshal and the Fire Marshal's assistants are authorized to investigate the cause, origin, and circumstances of every fire within the State that causes injury to any person or that causes damage or loss of property in excess of $200.00. The Fire Marshal and the Fire Marshal's assistants shall make a special investigation of any fire of suspicious origin. In any investigation carried out by the Fire Marshal, the Fire Marshal shall cooperate with the local fire department.

(b) The chief of a volunteer or paid fire department or the chief's designee and, in towns lacking a fire department, the selectboard chair shall investigate the cause, origin, and circumstances of every fire occurring in the jurisdiction that causes injury to any person or that causes damage or loss of property in excess of $200.00. The chief or the selectboard chair may make a special investigation as to whether a fire was the result of carelessness or accident and shall make a special investigation of any fire of suspicious origin.
20 V.S.A. § 3152 — VT Code / Title 20 / Chapter 179 / Section 3152
§ 3152. Vermont Fire Service Training Council created
Status: in_force

(a) The Vermont Fire Service Training Council is created. The Council shall consist of 12 members. The Commissioner of Labor; the Commissioner of Public Safety; the Director of Fire Safety; the Commissioner of Forests, Parks and Recreation; the Secretary of Education; and the Commissioner of Health, or their designees, shall serve as ex officio members of the Council. Six members shall be appointed by the Governor for three-year terms. Of the appointed members, the Governor shall appoint one member who, during incumbency, is a representative of the Vermont Career Fire Chiefs Association; one member who, at the time of appointment, is a representative of the Professional Firefighters of Vermont; one member who, at the time of appointment, is a representative of the Vermont Fire Chiefs Association and who is a fire chief of a volunteer fire department; one member who, at the time of appointment, is a representative of the Vermont State Firefighters Association and who is a volunteer firefighter; one member who, during incumbency, is an employee, officer, or director of an insurance company domiciled in this State and subject to the assessment under 32 V.S.A. § 8557; and one member of the public who is not involved in fire service. To the extent possible, appointments shall be geographically representative.

(b) Members of the Council shall be entitled to reimbursement for actual mileage traveled at the rate paid State employees.

(c) A majority of the members of the Council shall constitute a quorum. The Council shall act only by vote of a majority of its members present and voting at a meeting at which there is a quorum.

(d) The Council shall meet at least twice a year. Special meetings may be called by the chairperson or upon request of a majority of the members of the Council.

(e) In the event of a vacancy occurring in the membership of the Council, the vacancy shall be filled in the same manner as the original appointment with a person whose appointment shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred.
20 V.S.A. § 2681 — VT Code / Title 20 / Chapter 173 / Section 2681
§ 2681. Commissioner of Public Safety as Fire Marshal; deputy and assistants; HAZMAT emergency operation team
Status: repealed

(a) The Commissioner of Public Safety shall be ex officio Fire Marshal. The Commissioner shall annually by March 15 submit to the Governor a detailed report. A copy of this report shall be mailed to each fire department, paid or volunteer, in the State of Vermont. Subject to the approval of the Governor, the Commissioner may appoint a deputy fire marshal and other necessary assistants who shall assist him or her as State Fire Marshal.

(b), (c) [Repealed.]
20 V.S.A. § 2408 — VT Code / Title 20 / Chapter 151 / Section 2408
§ 2408. Invalid investigations
Status: in_force

Nothing in this subchapter shall prohibit the Council from causing a complaint to be investigated or taking disciplinary action on an officer's certification if the Council determines that a law enforcement agency's investigation of the officer's conduct did not constitute a valid investigation.
20 V.S.A. § 2833 — VT Code / Title 20 / Chapter 173 / Section 2833
§ 2833. Reports to Fire Marshal
Status: in_force

(a) The chief of a volunteer or paid fire department or, if there is no fire department, the selectboard chair of a town shall within five days of the occurrence of a fire within the jurisdiction that causes serious injury to any person or loss or damage to property that exceeds $200.00 forward a report of the fire to the State Fire Marshal on forms provided by the Fire Marshal. If the reporting officer has reason to believe that a fire is of suspicious origin, the officer shall report that fact to the State Fire Marshal immediately. No fee shall be paid or allowed any officer for rendering the report required by this subsection.

(b) An officer referred to in subsection (a) of this section who intentionally neglects to comply with any of the requirements of this subchapter shall be fined not more than $100.00.
20 V.S.A. § 2359 — VT Code / Title 20 / Chapter 151 / Section 2359
§ 2359. Council services contingent on agency compliance
Status: in_force

(a) On and after January 1, 2022, a law enforcement agency shall be prohibited from having its law enforcement applicants or officers trained by the Police Academy or from otherwise using the services of the Council if the agency is not in compliance with the requirements for collecting roadside stop data under section 2366 of this chapter, the requirement to report to the Office of Attorney General death or serious bodily injuries under 18 V.S.A. § 7257a(b), or the requirement to adopt, follow, or enforce any policy required under this chapter.

(b) The Council shall adopt procedures to enforce the requirements of this section, which may allow for waivers for agencies under a plan to obtain compliance with this section.
20 V.S.A. § 2301 — VT Code / Title 20 / Chapter 145 / Section 2301
§ 2301. Applicability of chapter
Status: in_force

Notwithstanding any other provisions of law relating to the retention and disposition of evidence or lost, unclaimed, or abandoned property, the provisions of this chapter shall govern the retention or disposition, or both, of unlawful firearms in the possession of any agency and the disposition of abandoned firearms in the possession of the Department of Public Safety.
20 V.S.A. § 1826 — VT Code / Title 20 / Chapter 112 / Section 1826
§ 1826. False information on missing person
Status: in_force

A person who knowingly makes a false report of a missing person or knowingly makes a false statement in the report shall be fined not more than $1,000.00.
20 V.S.A. § 942a — VT Code / Title 20 / Chapter 39 / Section 942a
§ 942a. Structure of courts-martial
Status: in_force

(a) General court-martial. A general court-martial of the Vermont National Guard shall be convened only by order of the Governor.

(1) A general court-martial may try any person subject to the military code of Vermont for a crime made punishable by the military laws of the United States and the State, and may impose fines not exceeding $200.00, sentence forfeiture of pay and allowances, reprimand, dismiss or dishonorably discharge from the service, and reduce noncommissioned officers in rank. Any two or more punishments may be combined in the sentence imposed by the court.

(2) The procedure by which a general court-martial shall function in view of the State's lack of manpower, and shortage of places of confinement and finances, shall be in compliance with reasonable rules, adjusted to the peculiar characteristics of the State. The rules shall be formulated by the Adjutant and Inspector General, drafted by the Staff Judge Advocate, and approved by the Governor.

(b) Special court-martial. The Adjutant and Inspector General or the commanding officer of a battalion or similar unit may appoint a special court-martial, but the special court-martial may in any case be appointed by superior authority when the superior authority considers the appointment desirable.

(1) A special court-martial may try any person subject to the military code of Vermont, except a commissioned or warrant officer, for any crime of a purely military nature made punishable by military law of the United States or the State.

(2) A special court-martial has the same powers of punishment as a general court-martial, except that a fine may not exceed $100.00.

(c) Summary court-martial. The commanding officer of a unit may appoint a summary court to consist of one officer who may administer oaths and may try enlisted Guard members for breach of discipline and for minor violations of a military regulation governing the unit. The court, when satisfied of the guilt of the soldier, may fine him or her not exceeding $25.00 for any single offense, sentence to a reduction in rank, and declare not in excess of one month's forfeiture of pay and allowances. The proceedings shall be informal.

(d) Appeal from convictions. Any appeal from the sentence of a court-martial by the defendant shall be taken to the Adjutant and Inspector General.

(1) The defendant shall file written notice of appeal within 30 days after the court's finding of guilty.

(2) The Adjutant and Inspector General with the assistance of the Staff Judge Advocate shall review all questions of law and fact.

(3) The final decision in all appeals from the special and summary courts-martial are with the Adjutant and Inspector General. An appeal from the general court-martial conviction shall be reviewed by the Adjutant and Inspector General as provided in this subsection.

(4) Within 60 days after being served with the written decision of the Adjutant and Inspector General, affirming in whole or in part the conviction, the defendant may appeal to the Governor, whose decision is final.
20 V.S.A. § 2984 — VT Code / Title 20 / Chapter 175 / Section 2984
§ 2984. Vote on authorization
Status: in_force

The vote on the question of authorizing a municipal fire department to enter into mutual aid agreements may be by voice vote or by ballot on a question substantially as follows:

Article —. To see if the town will authorize its fire department, by its chief, to enter into agreements with such other duly authorized fire departments, or any private and volunteer fire department, as seem appropriate to provide mutual fire protection on a systematic basis.
20 V.S.A. § 4511 — VT Code / Title 20 / Chapter 201 / Section 4511
§ 4511. Penalties
Status: in_force

A person who intentionally:

(1) violates a condition imposed in a permit to hold an assembly with knowledge of the provision; or

(2) conducts, organizes, or promotes an assembly without applying for a permit, may be fined not more than $2,000.00 or imprisoned for not more than two years, or both.
20 V.S.A. § 486 — VT Code / Title 20 / Chapter 25 / Section 486
§ 486. Provision for pay
Status: in_force

The Adjutant and Inspector General shall provide for the pay of each officer and enlisted Guard member for duty performed and authorized in accordance with chapters 21-39 of this title. The Adjutant and Inspector General shall adopt rules to carry out the provisions of this section.
20 V.S.A. § 2056d — VT Code / Title 20 / Chapter 117 / Section 2056d
§ 2056d. Criminal history records and other identification records
Status: in_force

(a) Statewide criminal history records shall be released only by the Vermont Crime Information Center.

(b) Information other than criminal history records, such as State identification numbers, shall be released only with the express approval of the Commissioner of Public Safety or in compliance with the order of a court of competent jurisdiction.
20 V.S.A. § 603 — VT Code / Title 20 / Chapter 29 / Section 603
§ 603. Arms and equipment; pay and rations
Status: in_force

When the National Guard, or a part of it, is ordered out pursuant to section 366 or 601 of this title, the State shall furnish arms and equipment necessary for each officer, warrant officer, and enlisted person, and they shall be entitled to pay, subsistence, and quarters allowance equivalent to that paid to members of the U.S. Armed Forces for officers, warrant officers, and enlisted persons of corresponding grade and time in service as designated in the U.S. Armed Forces pay tables.
20 V.S.A. § 181 — VT Code / Title 20 / Chapter 7 / Section 181
§ 181. Statement of policy
Status: in_force

Because of the existing possibility of a catastrophic incident in the United States of unprecedented size and destructiveness, and in order, in the event of a catastrophic incident, to ensure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the State and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to offices of this State in the event the incumbents of those offices, and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise the powers and discharge the duties of such offices (deputies) are unavailable to perform the duties and functions of such offices; and to provide for special emergency district judges who can exercise the powers and discharge the duties of such judges in the event regular judges are unavailable.
20 V.S.A. § 1 — VT Code / Title 20 / Chapter 1 / Section 1
§ 1. Purpose and policy
Status: in_force

(a) Because of the increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from all-hazards and in order to ensure that preparation of this State will be adequate to deal with such disasters or emergencies; to provide for the common defense; to protect the public peace, health, and safety; and to preserve the lives and property of the people of the State, it is found and declared to be necessary:

(1) to create a State emergency management agency, and to authorize the creation of local and regional organizations for emergency management;

(2) to confer upon the Governor and upon the executive heads or legislative branches of the towns and cities of the State the emergency powers provided pursuant to this chapter;

(3) to provide for the rendering of mutual aid among the towns and cities of the State; with other states and Canada; and with the federal government with respect to the carrying out of emergency management functions; and

(4) to authorize the establishment of organizations and to carry out the provisions of this chapter as necessary and appropriate.

(b) It is further declared to be the purpose of this chapter and the policy of the State that all emergency management functions of this State be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's resources and facilities for dealing with any emergencies resulting from all-hazards.
20 V.S.A. § 2056c — VT Code / Title 20 / Chapter 117 / Section 2056c
§ 2056c. Dissemination of criminal conviction records to the public
Status: in_force

(a) As used in this section:

(1) “The Center” means the Vermont Crime Information Center.

(2)(A) “Criminal conviction record” means the record of convictions in the Criminal Division of the Superior Court.

(B) Release of conviction records by the Center pursuant to this section or pursuant to any other provision of State law that permits release of Vermont criminal records shall include only the charge for which the subject of the record was convicted, and shall not include docket numbers.

(b) A person may obtain from the Center a criminal conviction record for any purpose provided that the requestor has completed a user's agreement with the Center. The user's agreement shall prohibit the alteration of criminal records and shall require the requestor to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy.

(c) Criminal conviction records shall be disseminated to the public by the Center under the following conditions:

(1) Public access to criminal conviction records shall be provided by a secure Internet site or other alternatives approved by the Center.

(2) A requestor who wishes to receive criminal conviction records from the Center shall accept the terms of a user agreement with the Center. The user agreement shall specify the conditions under which record information is being released and specify guidelines for the proper interpretation and use of the information.

(3) Prior to receiving criminal conviction records using the Center's Internet site, a requestor shall establish a secure, online account with the Center. Issuance of the account is conditioned upon the requestor's willingness to accept the terms of a user agreement with the Center that specifies the conditions under which record information is being released and specifies guidelines for the proper interpretation and use of the information.

(4) All queries shall be by name and date of birth of the subject.

(5) Only “no record” responses and record responses that constitute an exact match to the query criteria shall be returned automatically online. In the event that query criteria suggest a possible match, Center staff will determine whether the query criteria match a record in the repository and shall return the result to the requestor.

(6) An electronic log shall be kept of all transactions that shall indicate the name of the requestor, the date of the request, the purpose of the request, and the result of the request. This log shall not be available to any person, other than Center staff on a need-to-know basis, except pursuant to a court order.

(7) The Center's Internet site shall provide an electronic mechanism for users to notify the Center of possible record errors.

(8) The Center's Internet site shall provide links to Center training information regarding best practices for the use of record checks as part of a complete background check process.

(9) The Center shall charge a fee of $30.00 for each criminal record check query pursuant to this section.

(10) No person entitled to receive a criminal conviction record pursuant to this section shall require an applicant to obtain, submit personally, or pay for a copy of his or her criminal conviction record, except that this subdivision shall not apply to a local governmental entity with respect to criminal conviction record checks for licenses or vendor permits required by the local governmental entity.
20 V.S.A. § 3420 — VT Code / Title 20 / Chapter 191 / Section 3420
§ 3420. Procedure when owner unknown
Status: in_force

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. § 2799 — VT Code / Title 20 / Chapter 173 / Section 2799
§ 2799. Definitions
Status: in_force

As used in this subchapter:

(1) “Explosive material” includes “explosives,” “explosive material,” “blasting agents,” and “detonators,” as defined in 18 U.S.C. § 841, as amended, and regulations promulgated pursuant to that section.

(2) “Flammable material” means, in addition to its ordinary meaning, motion picture film.

(3) “Hazardous material” means any substance having such properties that it may spontaneously or acting under the influence of any thing contiguous or of any chemical or physical agency ignite or generate flammable or explosive vapors or gases to a dangerous extent.

(4) “Petroleum product” includes liquid petroleum gas, explosive flammable gases, and flammable fluids, compounds, or tablets, derived in whole or in part from petroleum.
20 V.S.A. § 212 — VT Code / Title 20 / Chapter 8 / Section 212
§ 212. Implementation - Article XI
Status: in_force

(a) This Compact is effective upon its execution or adoption by any two jurisdictions, and is effective as to any other jurisdiction upon its execution or adoption thereby, subject to approval or authorization by the U.S. Congress, if required, and subject to enactment of the provincial or state legislation that may be required for the effectiveness of the memorandum of understanding.

(b) Any party jurisdiction may withdraw from this Compact, but the withdrawal does not take effect until 30 days after the governor or premier of the withdrawing jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other party jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this Compact prior to the effective date of withdrawal.

(c) Duly authenticated copies of this Compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party jurisdictions.
20 V.S.A. § 3133 — VT Code / Title 20 / Chapter 177 / Section 3133
§ 3133. Permitted uses
Status: in_force

(a) Nothing in this subchapter shall be construed to prohibit the use of fireworks by railroads, other transportation agencies, or law enforcement officers for signal purposes or illumination; the sale or use of blank cartridges for a show or theatre, for signal or ceremonial purposes in athletics or sports, or for use by military organizations; the use of explosives for blasting or similar purposes; or the use of fireworks by farmers to control birds in crops.

(b) The State Fire Marshal shall have the power to adopt reasonable rules for the importation, sale, purchase, and use of fireworks to be used solely for the purpose of frightening birds from crops. Application for permits for importation, purchase, and use by farmers shall be made to the selectboard or town fire wardens of the town in which the farmer intends to use such fireworks for the sole purpose of frightening birds from crops. Permits shall be issued for such use only, at such times and such locations, as to present no fire or safety hazard within the area.
20 V.S.A. § 3581 — VT Code / Title 20 / Chapter 193 / Section 3581
§ 3581. General requirements
Status: in_force

(a) A person who is the owner of a dog or wolf-hybrid more than six months old shall annually on or before April 1 cause it to be registered, numbered, described, and licensed on a form approved by the Secretary for one year from that day in the office of the clerk of the municipality in which the dog or wolf-hybrid is kept. A person who owns a working farm dog and who intends to use that dog on a farm pursuant to the exemptions in section 3549 of this title shall cause the working farm dog to be registered as a working farm dog and shall, in addition to all other fees required by this section, pay $5.00 for a working farm dog license. The owner of a dog or wolf-hybrid shall cause it to wear a collar and attach a license tag issued by the municipal clerk to the collar. Dog or wolf-hybrid owners shall pay for the license $4.00 for each neutered dog or wolf-hybrid, and $8.00 for each unneutered dog or wolf-hybrid. If the license fee for any dog or wolf-hybrid is not paid on or before April 1, its owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required.

(b) Before a person shall be entitled to obtain a license for a neutered dog or wolf-hybrid, he or she shall exhibit to the clerk a certificate signed by a duly licensed veterinarian showing that the dog or wolf-hybrid has been sterilized.

(c)(1) A mandatory license fee surcharge of $4.00 per license shall be collected by each city, town, or village for the purpose of funding the dog, cat, and wolf-hybrid spaying and neutering program established in chapter 193, subchapter 6 of this title.

(2) An optional license fee surcharge of up to $10.00 per license is to be implemented by the legislative body of a city, town, or village that has established an animal and rabies control program for the sole purpose of funding the rabies control program.

(3) The license fee surcharges in this subsection shall not be considered part of the license fee for purposes of calculating a penalty for late payment.

(d) Before obtaining a license for a dog or wolf-hybrid six months of age or older, a person shall deliver to the municipal clerk a certificate or a certified copy thereof issued by a duly licensed veterinarian, stating that the dog or wolf-hybrid has received a current preexposure rabies vaccination with a vaccine approved by the Secretary, and the person shall certify that the dog or wolf-hybrid described in the certificate or copy is the dog or wolf-hybrid to be licensed. The municipal clerk shall keep the certificates or copies thereof on file. The Secretary shall prescribe the size and format of rabies certificates. The owner of any such dog or wolf-hybrid shall maintain a copy of the rabies vaccination form and provide it to State or municipal officials upon request.

(e) For the purposes of licensing a dog or wolf-hybrid, a current vaccination against rabies means that:

(1) All dog and wolf-hybrid vaccinations recognized by State and local authorities shall be administered by a licensed veterinarian or under the supervision of a licensed veterinarian.

(2) All dogs and wolf-hybrids over three months of age shall be vaccinated against rabies. The initial vaccination shall be valid for 12 months. Within nine to 12 months of the initial vaccination, the animal must receive a booster vaccination.

(3) All subsequent vaccinations following the initial vaccination shall be valid for 36 months.

(4) All vaccinations, including the initial vaccination, shall be with a U.S. Department of Agriculture-approved three-year rabies vaccine product.

(f) In addition to the license fees assessed in subsections (a) and (c) of this section and section 3583 of this title, municipal clerks shall assess a $3.00 fee for each license sold. The clerks shall forward the fees collected under this subsection to the State Treasurer on or before the 15th day of May, September, and January of each year, together with an accounting of the licenses sold. The funds collected under this subsection are to be used for rabies control programs and for administration of animal welfare laws in the State. For this purpose, on or before the 30th days of May, September, and January, the State Treasurer shall disburse the funds collected under this subsection as follows:

(1) 14.85 percent to the Fish and Wildlife Fund;

(2) 14.85 percent to the Commissioner of Health;

(3) 3.3 percent to the Secretary of Agriculture, Food and Markets; and

(4) 67 percent to the Animal Welfare Fund created by section 3203 of this title.
20 V.S.A. § 366 — VT Code / Title 20 / Chapter 21 / Section 366
§ 366. Special duty
Status: in_force

When necessary for the military or public service, the Governor or designee may designate officers or enlisted personnel, or both, for the performance of special duty as required under the circumstances.
20 V.S.A. § 1842 — VT Code / Title 20 / Chapter 112 / Section 1842
§ 1842. Commissioner of Public Safety; jurisdiction over search and rescue operations; coordination
Status: in_force

(a) The Commissioner of Public Safety shall have jurisdiction over all search and rescue operations.

(b)(1) The Commissioner shall cooperate with and support all public safety agencies and any nonpublic entities that specialize in protecting the safety of the public in this State in matters relating to search and rescue operations. When necessary to protect a person missing in the backcountry, remote areas, or waters of the State from harm, the Commissioner shall coordinate local, county, State, and any nonpublic efforts to search for and rescue that person.

(2) The Commissioner shall specifically coordinate with game wardens in the Department of Fish and Wildlife as needed to search for and rescue a person missing or lost in the backcountry, remote areas, or waters of the State.
20 V.S.A. § 1955 — VT Code / Title 20 / Chapter 114 / Section 1955
§ 1955. Disposition of records and information-Article V
Status: in_force

The bureau established and operated pursuant to article IV(a) of this Compact is hereby designated and recognized as the instrument for the performance of a central criminal intelligence service to the state police departments of the party states. The files, records, data and other information of the bureau and, when made pursuant to the bylaws of the Conference, any copies thereof shall be available only to duly designated officers and employees of the state police departments of the party states acting within the scope of their official duty. In the possession of the aforesaid officers and employees, such records, data, and other information shall be subject to use and disposition in the same manner and pursuant to the same laws, rules and regulations applicable to similar records, data and information of the officer's or employee's agency and the provisions of this Compact.
20 V.S.A. § 182 — VT Code / Title 20 / Chapter 7 / Section 182
§ 182. Definitions
Status: in_force

Unless otherwise clearly required by the context, as used in this chapter:

(1) The term “unavailable” means either that a vacancy in office exists and there is no deputy authorized to exercise the powers and discharge the duties of the office or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are unable to exercise the powers and discharge the duties of the office.

(2) The term “emergency interim successor” means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.

(3) The term “office” includes all State and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the General Assembly and the Judiciary.

(4) The term “catastrophic incident” means any natural or manmade incident, including an incident of terrorism or a pandemic, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, or any governmental entity.

(5) The term “political subdivision” includes counties, cities, towns, villages, school districts, fire districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
20 V.S.A. § 46 — VT Code / Title 20 / Chapter 1 / Section 46
§ 46. Disaster Relief Workers Fund; health care providers; reimbursement
Status: in_force

(a) The Disaster Relief Workers Fund is established in the State Treasury, and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund is established for the purpose of providing pay reimbursement to employers of certain public or private health care providers who perform mental health disaster relief services.

(b) All monies received by or generated to the Fund shall be used to provide wage reimbursement to any public or private Vermont employer for disaster relief services rendered by its employee. The employee shall be a certified disaster relief service volunteer of the American Red Cross. Reimbursement shall be for not more than 14 days for performing disaster relief work pursuant to a request from the American Red Cross when:

(1) the work is performed in Vermont;

(2) the disaster is a federal or presidentially declared disaster designated as Level III or above, according to the American Red Cross rules and procedures; or

(3) the disaster is declared by the governor of a state or territory.

(c) The proceeds from grants, donations, contributions, and other sources of revenue, as provided by law, may be deposited in the Fund. Interest earned on the Fund and any balance remaining at the end of the fiscal year shall remain in the Fund. The Treasurer's Office shall maintain records that indicate the amount of money in the Fund at any given time.

(d) The Commissioner of Finance and Management shall issue warrants for disbursement from the Fund only for the purposes described in subsection (b) of this section, and shall administer the Fund pursuant to an appropriation from the Fund by the General Assembly or authorization from the Emergency Board.

(e) For mental health care relief services, the Commissioner of Mental Health or a director of a regional mental health center may make timely applications to any and all appropriate federal or other grant programs that provide money for disaster relief or homeland security services, including the Crisis Counseling Training and Assistance Program. Any monies awarded from these sources for the purposes authorized in subsection (b) of this section shall be deposited into the Disaster Relief Workers Fund. The Commissioner of Mental Health shall supervise the administration of mental health care reimbursements under this section.

(f) Nothing in this section shall render an employer liable for damage, injury, or harm caused or sustained by an employee who performs disaster relief services and who is eligible for reimbursement under this section, whether or not reimbursement occurs.
20 V.S.A. § 3415 — VT Code / Title 20 / Chapter 191 / Section 3415
§ 3415. Appraisers of damages
Status: in_force

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. § 2603 — VT Code / Title 20 / Chapter 171 / Section 2603
§ 2603. Sprinkling and oiling streets
Status: in_force

If it so votes at its annual meeting, a fire district may empower its prudential committee to cause the streets of such district to be sprinkled or oiled to the extent deemed necessary by the committee.
20 V.S.A. § 823 — VT Code / Title 20 / Chapter 35 / Section 823
§ 823. Storage of property
Status: in_force

Military stores belonging to the State not issued to the National Guard, and military property belonging to the United States in possession of the State and not issued to the National Guard, shall be stored in the State. The Adjutant and Inspector General shall adopt the necessary rules to secure the safekeeping of military property issued to the National Guard.
20 V.S.A. § 704 — VT Code / Title 20 / Chapter 31 / Section 704
§ 704. Duties of enlisted members
Status: in_force

Enlisted members shall obey orders received from their officers to attend drills, parades, inspections, and reviews directed or authorized by this chapter, and perform the duties incident to their respective positions, subject to the rules adopted by the Adjutant and Inspector General.
20 V.S.A. § 3625 — VT Code / Title 20 / Chapter 193 / Section 3625
§ 3625. Return by officers
Status: in_force

Each police officer or constable to whom a warrant is issued pursuant to section 3621 of this subchapter shall make the return directed by the warrant to the authority issuing the warrant within 90 days from its date.
20 V.S.A. § 3348 — VT Code / Title 20 / Chapter 191 / Section 3348
§ 3348. Marking
Status: in_force

(a) On or before August 1 in each year, the owner or keeper of a ram shall place on its body in durable and legible characters the initials of his or her name.

(b) If a ram is found at large out of the enclosure and possession of its owner or keeper between August 1 and December 1, without being marked as provided in subsection (a), the person taking and securing it may recover $5.00 of the owner or keeper, to be recovered in a civil action.

(c) If a person takes up and secures a ram thus found at large with such initials upon its body, he or she shall give notice within two days to the owner thereof, if known, and if not known, shall post in a public place near where the same was found, a written notice describing the marks upon its body and the place where secured. If the owner, within six days thereafter, tenders or pays to such person $3.00, the ram shall be restored, otherwise it shall become the property of such person.
20 V.S.A. § 202 — VT Code / Title 20 / Chapter 8 / Section 202
§ 202. Purpose and authorities - Article I
Status: in_force

(a) The International Emergency Management Assistance Memorandum of Understanding, hereinafter referred to as the “Compact,” is made and entered into by and among such of the jurisdictions as shall enact or adopt this Compact, hereinafter referred to as “party jurisdictions.” For the purposes of this agreement, the term “jurisdictions” may include any or all of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland, and such other states and provinces as may hereafter become a party to this Compact.

(b) The purpose of this Compact is to provide for the possibility of mutual assistance among the jurisdictions entering into this Compact in managing any emergency or disaster when the affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, manmade disaster, or civil emergency aspects of resource shortages.

(c) This Compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including, if need be, emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions or party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this Compact may include the use of emergency forces by mutual agreement among party jurisdictions.
20 V.S.A. § 2545 — VT Code / Title 20 / Chapter 171 / Section 2545
§ 2545. Expenditures
Status: in_force

All expenditures under sections 2541-2544 of this title shall be paid out of the general fund of the town unless the town by its vote shall otherwise direct.
20 V.S.A. § 3803 — VT Code / Title 20 / Chapter 193 / Section 3803
§ 3803. Notice
Status: in_force

When a quarantine is established as provided in section 3802 of this title, notice of such quarantine shall be sent to the selectboard chairs, mayors, health officers, and to the town clerk of each municipality in the quarantined area. Notice of such quarantine shall be printed in one or more newspapers circulating in the quarantined area.
20 V.S.A. § 105 — VT Code / Title 20 / Chapter 4 / Section 105
§ 105. Liability - Article IV
Status: in_force

Officers or employees of a party state rendering aid in another state pursuant to this Compact shall be considered agents of the requesting state for the purposes of tort liability and immunity. No party state or its officers or employees rendering aid in another state pursuant to this Compact shall be liable for any act or omission performed in good faith while so engaged or in regard to the maintenance or use of any equipment or supplies in connection with rendering aid. Good faith does not include willful misconduct, gross negligence or reckless behavior.
20 V.S.A. § 4624 — VT Code / Title 20 / Chapter 205 / Section 4624
§ 4624. Reports
Status: in_force

(a) On or before September 1 of each year, any law enforcement agency that has used a drone within the previous 12 months shall report the following information to the Department of Public Safety:

(1) The number of times the agency used a drone within the previous 12 months. For each use of a drone, the agency shall report the type of incident involved, the nature of the information collected, and the rationale for deployment of the drone.

(2) The number of criminal investigations aided and arrests made through use of information gained by the use of drones within the previous 12 months, including a description of how the drone aided each investigation or arrest.

(3) The number of times a drone collected data on any person, home, or area other than the target of the surveillance within the previous 12 months and the type of data collected in each instance.

(4) The cost of the agency's drone program and the program's source of funding.

(b) On or before December 1 of each year that information is collected under subsection (a) of this section, the Department of Public Safety shall report the information to the House and Senate Committees on Judiciary and on Government Operations.
20 V.S.A. § 2737 — VT Code / Title 20 / Chapter 173 / Section 2737
§ 2737. Building permits
Status: in_force

Each municipality shall provide to the Commissioner upon request information regarding building permits issued by the municipality.
20 V.S.A. § 3383 — VT Code / Title 20 / Chapter 191 / Section 3383
§ 3383. Impounding when no pounds
Status: in_force

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. § 186 — VT Code / Title 20 / Chapter 7 / Section 186
§ 186. Emergency interim successors for local appointed officers
Status: in_force

The legislative branch of a municipal corporation, as defined in 24 V.S.A. § 1751, shall, with the same effect as in section 185 of this title, designate emergency interim successors to any officer appointed by it, and likewise review and revise designations so made, as shall also the assistant judges of the Superior Court to any officer appointed by them. Copies of all such designations and revisions shall likewise be filed in the office of the county clerk.
20 V.S.A. § 1923 — VT Code / Title 20 / Chapter 113 / Section 1923
§ 1923. Internal investigation
Status: in_force

(a)(1) The State Police Advisory Commission shall advise and assist the Commissioner in developing and making known routine procedures to ensure that allegations of misconduct by State Police officers are investigated fully and fairly, and to ensure that appropriate action is taken with respect to such allegations.

(2) The Commissioner shall ensure that the procedures described in subdivision (1) of this subsection constitute an effective internal affairs program in order to comply with section 2402 of this title.

(b)(1) The Commissioner shall establish the Office of Internal Investigation within the Department, which shall investigate, or cause to be investigated, all allegations of misconduct by members of the Department, except complaints lodged against members of the Office, which shall be separately and independently investigated by officers designated for each instance by the Commissioner, with the approval of the State Police Advisory Commission.

(2) The head of the Office shall report all allegations and his or her findings as to such allegations to the Commissioner. The head of the Office also shall immediately report all allegations to the State's Attorney of the county in which the incident took place, the Attorney General, and the Governor, unless the head of the Office makes a determination that the allegations do not include a violation of a criminal statute. The head of the Office shall also report the disposition of all cases so reported to the State's Attorney, Attorney General, and Governor.

(c)(1) The Office of Internal Investigation shall maintain a written log with respect to each allegation of misconduct made. The log shall document all action taken with respect to each allegation, including a notation of the person or persons assigned to the investigation, a list of all pertinent documents, all action taken, and the final disposition of each allegation.

(2) Failure of any member of the Department to report to the Office an allegation of misconduct known to the member shall be grounds for disciplinary action by the Commissioner, including dismissal.

(d) Records of the Office of Internal Investigation shall be confidential, except:

(1) the State Police Advisory Commission shall, at any time, have full and free access to such records;

(2) the Commissioner shall deliver such materials from the records of the Office as may be necessary to appropriate prosecutorial authorities having jurisdiction;

(3) the Director of the State Police or the Chair of the State Police Advisory Commission shall report to the Vermont Criminal Justice Council as required by section 2403 of this title; and

(4) the State Police Advisory Commission shall, in its discretion, be entitled to report to such authorities as it may deem appropriate or to the public, or both, to ensure that proper action is taken in each case.
20 V.S.A. § 4502 — VT Code / Title 20 / Chapter 201 / Section 4502
§ 4502. Permit; when to obtain
Status: in_force

Any person who intends to hold or organizes or promotes a commercial public assembly shall obtain a permit to do so.
20 V.S.A. § 2483 — VT Code / Title 20 / Chapter 171 / Section 2483
§ 2483. Annual and special meetings
Status: in_force

The annual fire district meeting shall be held on the second Monday in January, or at such other time as the district at any regular or special meeting may determine, and shall be warned by the clerk, or, in the clerk's absence or neglect, by one of the prudential committee. Special meetings shall be warned in the same manner on application in writing by three or more voters of the district, or by five percent of the voters of the district, whichever is greater. A warning for a fire district meeting shall state the business to be transacted. The time and place of holding the meeting shall be posted in two or more public places in the district not more than 40 days nor less than 30 days before the meeting and recorded in the office of the clerk before the same is posted.
20 V.S.A. § 210 — VT Code / Title 20 / Chapter 8 / Section 210
§ 210. Reimbursement - Article IX
Status: in_force

Any party jurisdiction rendering aid in another jurisdiction pursuant to this Compact shall, if requested, be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding party jurisdiction may assume in whole or in part any such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving party jurisdiction without charge or cost. Any two or more party jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under Article VIII of this Compact are not reimbursable under this section.
20 V.S.A. § 3341 — VT Code / Title 20 / Chapter 191 / Section 3341
§ 3341. Cattle, horses, sheep, goats, or swine
Status: in_force

A person who knowingly permits cattle, horses, sheep, goats, or swine to run at large in a public highway or yard belonging to a public building without the consent of the selectboard shall be fined by a law enforcement officer or by a municipal officer or employee not more than $100.00 nor less than $50.00 for each animal running at large.
20 V.S.A. § 606 — VT Code / Title 20 / Chapter 29 / Section 606
§ 606. Control of National Guard assisting civil officer
Status: in_force

When a portion of the National Guard is called out to assist a civil officer in the service of legal process, it shall be under the immediate command of the National Guard member of the highest rank who is present. The National Guard member in command shall act under and be subject to the general direction of the civil officer.
20 V.S.A. § 1812 — VT Code / Title 20 / Chapter 111 / Section 1812
§ 1812. Definitions
Status: in_force

As used in this title, unless otherwise provided:

(1) “Commissioner” means the Commissioner of Public Safety.

(2) “Department” means the Department of Public Safety.

(3) “Employee” means a person employed by the Department.

(4) “Member” means a sworn employee assigned to the State Police.

(5) “State Police” means the sworn law enforcement officers who are employees of the Department.
20 V.S.A. § 2752 — VT Code / Title 20 / Chapter 173 / Section 2752
§ 2752. Smoking
Status: in_force

(a) A person who smokes a pipe, cigar, or cigarette in a mill, factory, barn, stable, or other outbuilding belonging to or occupied by another person, or in a public building in which a notice containing this section, prohibiting such smoking, signed by the owner, agent, occupant, or custodian of the same is posted conspicuously near the main entrance thereof, shall be fined not more than $5.00.

(b) All prosecutions under this section shall be commenced within 30 days from the date of the offense.
20 V.S.A. § 2056e — VT Code / Title 20 / Chapter 117 / Section 2056e
§ 2056e. Dissemination of criminal history records to the Department of Buildings and General Services; security personnel
Status: in_force

(a) The Department of Buildings and General Services shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any applicant for a State security personnel position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user's agreement filed by the Commissioner of Buildings and General Services with the Center. The user's agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.

(b) As used in this section, “security personnel” means officers or employees of the State hired to perform security functions for the State, including protecting the public health and welfare; patrolling, securing, monitoring, and safekeeping the property, facilities, and grounds of the State; and exercising other law enforcement duties as may be authorized by State or federal law.

(c) The Commissioner of Buildings and General Services shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any security personnel applicant after the applicant has received an offer of employment conditioned on the record check. Nothing in this section shall automatically bar a person who has a criminal record from applying or being selected for a security position.

(d) The Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.

(e) If no disqualifying record is identified at the State level, the Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant's convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant's fingerprints and a fee established by the Vermont Crime Information Center that shall be paid by the Department of Buildings and General Services.

(f) The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Buildings and General Services that no record exists.

(g) The Department of Buildings and General Services shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.

(h) Upon completion of the application process under this section, the applicant's fingerprint card and any copies thereof shall be destroyed.

(i) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.
20 V.S.A. § 3901a — VT Code / Title 20 / Chapter 194 / Section 3901a
§ 3901a. Scope
Status: in_force

This chapter shall not apply to horses or livestock, including cattle, sheep, goats, swine, and domestic fowl.
20 V.S.A. § 2677 — VT Code / Title 20 / Chapter 172 / Section 2677
§ 2677. Rental housing; rules; inspections; penalty
Status: in_force

(a) Rules. The Commissioner of Public Safety may adopt rules to prescribe standards for the health, safety, sanitation, and fitness for habitation of rental housing that the Commissioner determines are necessary to protect the public, property owners, and property against harm.

(b) Inspections.

(1) After adopting rules pursuant to subsection (a) of this section, the Commissioner shall design and implement a complaint-driven system to conduct inspections of rental housing.

(2) When conducting an inspection, the Commissioner shall:

(A) issue a written inspection report on the unit or building that:

(i) contains findings of fact that serve as the basis of one or more violations;

(ii) specifies the requirements and timelines necessary to correct a violation;

(iii) provides notice that the landlord is prohibited from renting the affected unit to a new tenant until the violation is corrected; and

(iv) provides notice in plain language that the landlord or agents of the landlord must have access to the rental unit to make repairs as ordered by the Commissioner consistent with the access provisions in 9 V.S.A. § 4460;

(B) provide a copy of the inspection report to the landlord, to the person who requested the inspection, and to any tenants who are affected by a violation:

(i) electronically, if the Department has an electronic mailing address for the person; or

(ii) by first-class mail, if the Department does not have an electronic mailing address for the person;

(C) if an entire building is affected by a violation, provide a notice of inspection directly to the individual tenants, and may also post the notice in a common area, that specifies:

(i) the date of the inspection;

(ii) that violations were found and must be corrected by a certain date;

(iii) how to obtain a copy of the inspection electronically or by first-class mail; and

(iv) if the notice is posted in a common area, that the notice shall not be removed until authorized by the Commissioner; and

(D) make the inspection report available as a public record.

(c) Penalties. If the person responsible for a violation does not comply with the requirements and timelines specified in an inspection report issued pursuant to subsection (b) of this section, the Commissioner may impose an administrative penalty that is reasonably related to the severity of the violation, not to exceed $1,000.00 per violation.
20 V.S.A. § 2757 — VT Code / Title 20 / Chapter 173 / Section 2757
§ 2757. Cigarettes; reduced ignition propensity
Status: repealed

(a) As used in this section:

(1) “Cigarette” means any product that contains any amount of nicotine, irrespective of size, shape, or presence of other ingredients, and is intended to be burned or heated under ordinary conditions of use and consists of or contains any roll of tobacco wrapped in paper or in any other substance, other than tobacco, and because of its appearance, the type of tobacco used, and its packaging or labeling is offered to or purchased by consumers as a cigarette.

(2) “Manufacturer” means any person or a successor that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in-state or out-of-state, and intends to sell the cigarettes in Vermont directly or through an importer, including any first purchaser that intends to resell cigarettes.

(3) “Quality control and quality assurance program” means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this section.

(4) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.

(5) “Retail dealer” means any person other than a wholesale dealer engaged in the sale of cigarettes or tobacco products.

(6) “Sale” or “selling” means any transfer of title or possession, exchange or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts and the exchange of cigarettes for any consideration.

(7) [Repealed.]

(8) “Wholesale dealer” means any person that sells cigarettes or tobacco products to retail dealers or other persons for resale, and includes the dealer's agent.

(b) No cigarettes may be manufactured in this State or sold or offered for sale to any person in this State unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this subsection, and the manufacturer has filed a written certification with the Commissioner in accordance with subsection (c) of this section. The performance standard for cigarettes sold or offered for sale in Vermont includes all the following:

(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04 “Standard Test Method for Measuring the Ignition Strength of Cigarettes.” The Commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard of this subsection.

(2) Testing of cigarettes shall be conducted on ten layers of filter paper.

(3) No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(4) The performance standard required by this subsection shall only be applied to a complete test trial.

(5) Laboratories that conduct tests in accordance with this subsection (b) shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.

(6) Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in this subsection shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column. In the case of an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and ten millimeters from the labeled end of the tobacco column.

(7) The manufacturer of a cigarette that the Commissioner determines cannot be tested in accordance with the test method required by this subsection shall propose to the Commissioner a test method and performance standard for that cigarette. The Commissioner may approve a test method and performance standard that the Commissioner determines is equivalent to the requirement of this subsection, and the manufacturer may use that test method and performance standard for certification pursuant to subsection (c) of this section.

(8) A manufacturer shall retain all data from testing conducted under this section for a period of three years. The manufacturer shall provide that data to the Commissioner and the Attorney General upon request in order to ensure compliance with the performance standard required by this subsection.

(c) Each manufacturer shall submit to the Commissioner written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under subsection (b) of this section. The description of each cigarette listed in the certification shall include the brand; style; length in millimeters; circumference in millimeters; flavor, if applicable; filter or nonfilter; package description, such as a soft pack or box; and the mark approved pursuant to subsection (d) of this section. Upon request, this certification shall be made available to the Attorney General and Department of Liquor and Lottery. Each cigarette certified under this subsection shall be recertified every three years. For the certification or recertification of each brand style, the fee shall be $1,000.00. The fees shall be paid into the Fire Prevention and Building Inspection Special Fund established in section 2738 of this title.

(d) Cigarettes that have been certified pursuant to subsection (c) of this section shall be marked pursuant to the following requirements:

(1) The marking shall be in a font of at least eight-point type and shall include one of the following:

(A) Modification of the product UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of one or more alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC Code.

(B) Any visible combination of alphanumeric or symbolic characters permanently printed, stamped, engraved, or embossed on the cigarette package or the cellophane wrap.

(C) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this section.

(2) A manufacturer shall request approval of a proposed marking from the Commissioner. Any marking approved and in use for the sale of cigarettes in the State of New York shall be approved unless the Commissioner determines that the New York Fire Safety Standards for Cigarettes have changed significantly since those standards were effective on June 28, 2004. A marking shall be deemed approved if the Commissioner fails to act within 10 business days of receiving a request for approval. A manufacturer shall not use a modified marking unless the modification has been approved in accordance with this subdivision. A manufacturer shall use only one marking on all brands that the manufacturer markets. A marking or modified marking approved by the Commissioner shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.

(e) A manufacturer shall provide a copy of certifications to all licensed wholesale dealers to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer pursuant to subsection (d) of this section for each of the retail dealers that purchases cigarettes from any of those licensed wholesale dealers. Licensed wholesale dealers shall provide a copy of the illustration to all retail dealers to which they sell cigarettes. Licensed wholesale dealers and retail dealers shall permit the Commissioner of Public Safety or the Commissioner of Liquor and Lottery or their designees to inspect markings on cigarette packaging at any time.

(f) The Commissioner:

(1) may adopt rules necessary to implement and administer this section;

(2) in consultation with the Commissioner of Liquor and Lottery, may adopt rules regarding the conduct of random inspections of licensed wholesale dealers, importers, and retail dealers to ensure compliance with this section; and

(3) shall ensure that the implementation and substance of this section is in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.

(g) The following civil penalties may be assessed:

(1) Against a manufacturer, wholesale dealer, unlicensed retailer, or any other person that knowingly sells cigarettes, except by licensed retail sales, in violation of subsection (b) of this section a civil penalty not to exceed $10,000.00 for each sale.

(2) Against a manufacturer that knowingly makes a false certification pursuant to subsection (c) of this section a civil penalty not to exceed $10,000.00 for each false certification.

(3) Against a licensed retail dealer that knowingly sells or offers for sale cigarettes in violation of subsection (b) of this section a civil penalty not to exceed $500.00 for each sale or offer of sale of 1,000 cigarettes or fewer.

(4) Against a licensed retail dealer that knowingly sells or offers for sale cigarettes in violation of subsection (b) of this section a civil penalty not to exceed $1,000.00 for each sale or offer of sale of more than 1,000 cigarettes.

(5) Against any other person that violates any provision of this section a civil penalty not to exceed $1,000.00 for each violation. Any cigarettes sold or offered for sale that do not comply with the safety standard required by subsection (b) of this section shall be deemed to be contraband and subject to the provisions of 7 V.S.A. § 1009.

(h) In addition to any other remedy provided by law, the Attorney General may file an action in Superior Court for a violation of this section, including petitioning for injunctive relief, recovery of costs or damages suffered by the State as the result of a violation of this section, including enforcement costs relating to the specific violation and attorney's fees. In any such action, the Attorney General shall have the same authority to investigate and obtain remedies, except civil penalties under subsection (g) of this section, as if the action were brought pursuant to the Consumer Protection Act, 9 V.S.A. chapter 63. Each violation of this section or of any rule adopted under this section shall constitute a separate civil violation for which the Attorney General may obtain relief.
20 V.S.A. § 3484 — VT Code / Title 20 / Chapter 191 / Section 3484
§ 3484. Taking animal from or impeding impounder
Status: in_force

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. § 2361 — VT Code / Title 20 / Chapter 151 / Section 2361
§ 2361. Additional training
Status: in_force

(a) Nothing in this chapter prohibits any law enforcement agency from providing additional training beyond basic training to its personnel where no certification is requested of or required by the Council or its Executive Director.

(b) The executive officer of a law enforcement agency may seek certification from the Council for any in-service training he, she, or his or her designee may provide to law enforcement officers of his or her agency or of another agency, or both.
20 V.S.A. § 3583 — VT Code / Title 20 / Chapter 193 / Section 3583
§ 3583. Domestic pets and wolf-hybrids kept for breeding purposes
Status: in_force

(a) The owner or keeper of domestic pets and wolf-hybrids kept for breeding purposes may take out annually, on or before April 1, a special license for the domestic pets or wolf-hybrids, provided:

(1) He or she keeps the domestic pets or wolf-hybrids within a proper enclosure. A proper enclosure is a locked fence or structure of sufficient height and sufficient depth into the ground to prevent the entry of young children and to prevent the animal from escaping. A proper enclosure also provides humane shelter for the animal.

(2) The domestic pets or wolf-hybrids at all times have a current vaccination against rabies.

(3) When the number of domestic pets or wolf-hybrids so kept does not exceed ten, the fee shall be $30.00 and for each additional domestic pet or wolf-hybrid so kept, an annual fee of $3.00.

(b) Domestic pets and wolf-hybrids covered by the special license pursuant to this section shall be exempt from other license fees, and all licenses under this section are exempt from the surcharge enacted under subsection (c) of section 3581 of this title.

(c) If the license fee is not paid by April 1, the owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required. These license fees are in addition to any fees required for the operation of a kennel under subchapter 3 of this chapter.
20 V.S.A. § 3345 — VT Code / Title 20 / Chapter 191 / Section 3345
§ 3345. Land or premises of another
Status: in_force

A person who knowingly permits the person's cattle, horses, sheep, goats, swine, or domestic fowls to go upon the lands or premises of another, after the latter has given the owner notice thereof, shall be fined by a law enforcement officer or by a municipal officer or employee not more than $100.00 nor less than $50.00 for each animal running at large. Such person shall also be liable for the damages suffered, which may be recovered in a civil action.
20 V.S.A. § 1825 — VT Code / Title 20 / Chapter 112 / Section 1825
§ 1825. Missing person complaints regarding unemancipated minors
Status: in_force

If a missing person complaint involves an unemancipated minor, including a runaway child as defined in 13 V.S.A. § 1311, the law enforcement agency shall transmit the report, as soon as it is complete, to the Department of Public Safety for inclusion in the National Crime Information Center database.
20 V.S.A. § 886 — VT Code / Title 20 / Chapter 37 / Section 886
§ 886. Retirement of officers
Status: in_force

A member of the National Guard may be placed upon the retired list as provided pursuant to the provisions of 10 U.S.C. chapters 69 and 1225 and any applicable regulations adopted by the Secretary of Defense.
20 V.S.A. § 4501 — VT Code / Title 20 / Chapter 201 / Section 4501
§ 4501. Definitions
Status: in_force

As used in this chapter:

(1) “Permit” means a written statement, issued by the Commissioner of Public Safety or his or her designee, authorizing the holding of a commercial public assembly under stated conditions as to time, place, and manner.

(2) “Permit officer” means the Commissioner of Public Safety or officer designated by him or her to issue permits.

(3) “Person” means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

(4) “Political subdivision” means a city, town, village, gore, or other incorporated place.

(5) “Commercial public assembly” or “assembly” means a gathering of 2,000 or more individuals in a public place that the general public is permitted or invited to attend, conducted or promoted for profit, whether or not a profit is actually returned, where persons are admitted on payment of cash, entry fees, advance subscriptions, or donations, or any thing of value.

(6) “Promotional activity” means purchasing paid advertisements in any media of communication or circulation of printed material advertising the assembly.

(7) “Public place” means an open area where patrons cannot be accommodated inside a permanent building, other than a stadium used for sporting events, or a fairground having permanent seats for patrons, with respect to which a private person permits use by the general public.
20 V.S.A. § 2061 — VT Code / Title 20 / Chapter 117 / Section 2061
§ 2061. Fingerprinting
Status: in_force

(a) A law enforcement officer shall take, or cause to be taken, the fingerprints and photographs of a person if the person is arrested or given a summons or citation for a felony or for being a fugitive from justice.

(b) A law enforcement officer may take, or cause to be taken, the fingerprints and photographs of a person who is arrested or given a summons or citation for a misdemeanor, only in the event that the officer would be permitted to make an arrest under Rule 3 of the Vermont Rules of Criminal Procedure.

(c) A person who is to be fingerprinted and photographed under subsection (a) or (b) of this section and who is not arrested may be detained for a reasonable period of time for the sole purpose of obtaining the person's fingerprints and photographs. Such a detention shall not constitute an arrest, and shall be for the sole purpose of accurately identifying the person. Upon completion of the fingerprinting and photographing, the detention shall terminate, and the person shall be released in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.

(d) When a defendant who may be fingerprinted and photographed under subsection (a) of this section is arraigned and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court. When a defendant is arraigned for any misdemeanor and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, upon request of the attorney for the State and for good cause shown, the court shall order that the defendant submit to be fingerprinted and photographed at a time and place set by the court.

(e) If a defendant is convicted of a misdemeanor or a felony and the conviction results in a sentence of imprisonment, whether that sentence is to be served, deferred, or suspended, and the defendant has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the conviction, upon the request of the attorney for the State, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court as a condition of probation.

(f) When a charge for a criminal offense is filed against a person already in the custody of a law enforcement agency or the Department of Corrections, and such charges are filed in a case separate from the case for which the person is in custody, the arresting officer or other appropriate official shall take the fingerprints and photographs of the person in connection with the new case.

(g) Persons in charge of correctional facilities shall obtain fingerprints and photographs of all offenders lodged at correctional facilities pursuant to a criminal offense.

(h) If a law enforcement officer or other authorized person requests to take the fingerprints and photographs of a person who may be fingerprinted and photographed under this section, that person shall submit to taking of fingerprints and photographs.

(i) Fingerprints and photographs taken pursuant to this section shall be forwarded to the Vermont Crime Information Center.

(j) In all cases, fingerprints and photographs shall be taken in the form specified by the Commissioner of Public Safety, and shall be accompanied by additional identifying demographic information as required by rules adopted by the Commissioner.

(k) The Vermont Crime Information Center, law enforcement agencies, and correctional facilities shall destroy all copies of fingerprints and photographs of accused persons that were taken in connection with a particular alleged offense in any of the following circumstances:

(1) No criminal charge is filed by the State.

(2) The court does not make a determination of probable cause at the time of arraignment or dismisses the charge at the time of arraignment.

(3) The defendant is acquitted after a trial of all charges related to the incident that prompted the taking of the fingerprints and photographs.

(4) All criminal charges related to an incident that caused fingerprints and photographs to be taken are dismissed by either the court or the State after arraignment, unless the attorney for the State can show good cause why the fingerprints and photographs should not be destroyed.

(l) The Vermont Crime Information Center shall establish procedures for providing prompt notification to law enforcement agencies and correctional facilities where the destruction of photographs and fingerprints is required.

(m) The Vermont Crime Information Center may electronically transmit fingerprints and photographs of accused persons to the Federal Bureau of Investigation (FBI) at any time after arrest, summons, or citation. If the Vermont Crime Information Center forwards fingerprints and photographs to the FBI and the defendant is acquitted, the Vermont Crime Information Center shall request the FBI to destroy the fingerprints and photographs. If the Vermont Crime Information Center forwards fingerprints and photographs to the FBI and all charges against the defendant are dismissed, the Vermont Crime Information Center shall request the FBI to destroy the fingerprints and photographs, unless the attorney for the State can show good cause why the fingerprints and photographs should not be destroyed.

(n) The Commissioner of Public Safety shall adopt rules to implement this section.
20 V.S.A. § 2988 — VT Code / Title 20 / Chapter 175 / Section 2988
§ 2988. Powers and duties
Status: in_force

A district fire mutual aid system shall coordinate the services of all fire departments belonging to it so as to provide better and more efficient cooperation in the protection of life and property against fire and in the case of other accidental or natural emergency within the area that it comprises. It may establish an overall plan or plans for that coordination. Within the limits of available funds, it may acquire and operate property and equipment, including a dispatch center and a communications service, and may extend the advantages of group purchasing and benefits to departments in the system. It may provide and operate training programs for firefighters and others, or enter into agreements with other agencies or institutions to provide and operate those programs. It shall cooperate with other State agencies and with the civil defense authorities, State and local. The State Fire Marshal may give advice, recommendations, and assistance to the system on request. It may accept any and all donations, gifts, and grants of money, property, equipment, supplies, materials, and services from the federal or any State or local government, or any agency of federal, State, or local government and from any person, firm, or corporation, for any of its purposes and functions under this subchapter, and may receive and utilize the donations, gifts, and grants subject to the terms, conditions and rules governing the donations, gifts, and grants.
20 V.S.A. § 154 — VT Code / Title 20 / Chapter 5 / Section 154
§ 154. Pursuit by military forces of another state
Status: in_force

Any military forces or organization, unit, or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this State while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this State that would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Act on Fresh Pursuit.
20 V.S.A. § 3907 — VT Code / Title 20 / Chapter 194 / Section 3907
§ 3907. Denial or revocation of registration or license
Status: in_force

Issuance of a certificate of registration may be denied to any animal shelter, rescue organization, or fair or a license may be denied to any public auction or pet shop or any certificate or license previously granted under this chapter may be revoked by the Secretary if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices of the animal shelter, rescue organization, fair, public auction, or pet shop, as the case may be, are not consistent with this chapter or with rules adopted under this chapter.
20 V.S.A. § 26 — VT Code / Title 20 / Chapter 1 / Section 26
§ 26. Change of venue because of an all-hazards event
Status: in_force

In the event that the place where a civil action or a criminal prosecution is required by law to be brought has become and remains unsafe because of an attack upon the United States or Canada or an all-hazards event, such action or prosecution may be brought in or, if already pending, may be transferred to the Superior Court in an unaffected unit and there tried in the place provided by law for such court.
20 V.S.A. § 2835 — VT Code / Title 20 / Chapter 173 / Section 2835
§ 2835. Superior judge
Status: in_force

If a selectperson of a town or a mayor of a city is informed that a building, pile of wood, lumber, or bark, or any other property in the municipality, has been intentionally and maliciously set on fire or burned, a majority of the selectboard, or the mayor, may apply to a Superior judge, who shall inquire into the cause of the fire and the manner in which it was set and the property burned.
20 V.S.A. § 3681 — VT Code / Title 20 / Chapter 193 / Section 3681
§ 3681. Pet dealer permit
Status: in_force

A pet dealer shall apply to the municipal clerk of the town or city in which the cats, dogs, or wolf-hybrids are kept for a pet dealer permit to be issued on forms prescribed by the Secretary and pay the clerk a fee of $25.00 for the permit. A pet dealer who acquires a pet dealer permit shall allow inspections of the pet dealer's premises pursuant to section 3682 of this title as a condition of receiving and retaining the permit. The provisions of subchapters 1, 2, and 4 of this chapter not inconsistent with this subchapter shall apply to the pet dealer permit, which shall be in addition to other permits required. A pet dealer permit shall expire on March 31 next after issuance and shall be displayed prominently on the premises in which the cats, dogs, or wolf-hybrids are kept. If the permit fee is not paid by April 1, the owner or keeper may thereafter procure a permit for that license year by paying a fee of 50 percent in excess of that otherwise required. Municipal clerks shall maintain a record of the type of animals being kept by the permit holder. Upon issuance of the pet dealer permit, the municipal clerk shall provide the pet dealer with a copy of Part 3 (Standards) of the Animal Welfare Rules adopted by the Agency of Agriculture, Food and Markets relating to cats, dogs, and wolf-hybrids. The municipal clerk shall also provide the pet dealer with contact information for the Animal Health Section within the Division of Food Safety and Consumer Protection of the Agency of Agriculture, Food and Markets and with information from the Department of Taxes on sales tax obligations for the sale of pets.
20 V.S.A. § 4652 — VT Code / Title 20 / Chapter 207 / Section 4652
§ 4652. Authorization to enter into agreements pursuant to 8 U.S.C. § 1357(g) and 19 U.S.C. § 1401(i)
Status: in_force

(a) Notwithstanding any other provision of law, only the Governor, in consultation with the Vermont Attorney General, is authorized to enter into, modify, or extend an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. § 1401(i).

(b) No public agency, as that term is defined in 1 V.S.A. § 317, or an officer, employee, agent, or independent contractor of a public agency, shall enter into an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. § 1401(i) unless the Governor has authorized the agreement as set forth in subsection (a) of this section.
20 V.S.A. § 2905 — VT Code / Title 20 / Chapter 174 / Section 2905
§ 2905. Accessibility; markings
Status: in_force

All public buildings that comply with the standards adopted under this chapter may be marked with the international symbol of access.
20 V.S.A. § 191 — VT Code / Title 20 / Chapter 7 / Section 191
§ 191. Training and compensation of interim successors
Status: in_force

Each officer, by or for whom interim successors are designated under the provisions of this chapter, shall, immediately after their designation, instruct his or her interim successors how to exercise the powers and discharge the duties of his or her office. Only while actually exercising the powers and discharging the duties of an office shall an interim successor receive any compensation, but while so doing shall receive the pro rata salary or other compensation, including perquisites, provided by law for the office.
20 V.S.A. § 2357 — VT Code / Title 20 / Chapter 151 / Section 2357
§ 2357. Powers and duties of the Executive Director
Status: repealed

The Executive Director of the Council, on behalf of the Council, shall have the following powers and duties, subject to the supervision of the Council and to be exercised only in accordance with rules adopted under this chapter:

(1) to approve, on applications made in advance, criminal justice personnel training programs and their lesson plans and instructors, to issue certificates of approval to those programs, and to revoke those approvals or certificates;

(2) to certify, as qualified, instructors at approved criminal justice personnel training schools and to issue appropriate certificates to those instructors;

(3) to certify criminal justice personnel who have satisfactorily completed approved training programs and to issue appropriate certificates to them;

(4) to cause studies and surveys to be made relating to the establishment, operation, and approval of criminal justice training schools;

(5) to consult and cooperate with law enforcement officer criminal justice training schools:

(A) to recommend a course of study in crime prevention for law enforcement students; and

(B) for the development of advanced in-service training programs for law enforcement officers, which shall include a course of study on crime prevention;

(6) to consult and cooperate with universities, colleges, and institutes for the development of specialized courses of study including a course of study on crime prevention, where appropriate;

(7) to consult and cooperate with other departments and agencies of the State and federal government concerned with criminal justice personnel training;

(8) [Repealed.]

(9) to perform such other acts as may be necessary or appropriate to carry out his or her powers and duties as set forth in this chapter;

(10) to report to the Council at each regular meeting of the Council and at such other times as may be required; and

(11) to approve and accept pre-service and military students for any of the basic training courses set forth in section 2358 of this chapter.
20 V.S.A. § 1931 — VT Code / Title 20 / Chapter 113 / Section 1931
§ 1931. Policy
Status: in_force

It is the policy of this State to assist federal, state, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes. Identification, detection, and exclusion may be facilitated by the DNA analysis of biological evidence left by the perpetrator of a crime and recovered from the crime scene. The DNA analysis of biological evidence can also be used to identify missing persons.
20 V.S.A. § 2906 — VT Code / Title 20 / Chapter 174 / Section 2906
§ 2906. Administration and enforcement
Status: in_force

(a) The Department of Public Safety shall enforce the provisions of this chapter relating to facilities for persons with disabilities and shall adopt rules which are necessary for the performance of its duties under this chapter.

(b) Any person may file a complaint with the Commissioner of Public Safety alleging that a public building or unit is out of compliance with the provisions of this chapter. The Commissioner shall investigate the complaint, and if substantiated, shall order that the public building or unit be brought into compliance with the provisions of this chapter within a reasonable period of time. Notwithstanding the foregoing, the Commissioner may establish a priority system for the investigation and enforcement of this chapter.

(c) Any person who fails to carry out an order or condition attached to an approval shall be fined not more than $200.00 per day, not to exceed a maximum of $10,000.00, until compliance is effected.

(d) On application by the Commissioner, the Superior Court for the county in which a violation of any rule adopted or any order issued under this chapter occurs shall have jurisdiction to enjoin or restrain the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner's authority under this or other subchapters.

(e) The Commissioner may assess penalties under section 2734 of this title against a person who violates this chapter or any rule adopted under this chapter.
20 V.S.A. § 1943 — VT Code / Title 20 / Chapter 113 / Section 1943
§ 1943. Responsibility of Department of Public Safety
Status: in_force

The Department shall be responsible for establishing and maintaining the State DNA database and State DNA data bank as established by this subchapter.
20 V.S.A. § 2367 — VT Code / Title 20 / Chapter 151 / Section 2367
§ 2367. Statewide policy; electronic control devices; reporting
Status: repealed

(a) As used in this section:

(1) “Electronic control device” means a device primarily designed to disrupt an individual's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses.

(2) “Law enforcement officer” means a sheriff, deputy sheriff, police officer, Capitol Police officer, State game warden, State Police officer, constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title, and a certified law enforcement officer employed by a State branch, agency, or department, including the Department of Motor Vehicles, the Agency of Natural Resources, the Office of the Attorney General, the Department of State's Attorney, the Secretary of State, and the Department of Liquor and Lottery.

(b) On or before January 1, 2015, the Law Enforcement Advisory Board shall establish a statewide policy on the use of and training requirements for the use of electronic control devices. Prior to any use of or intent to use an electronic control device, every State, county, municipal, or other law enforcement agency and every constable who is not employed by a law enforcement agency shall adopt this policy. If a law enforcement agency or officer was required to adopt a policy pursuant to this subsection but failed to do so on or before January 1, 2016, that agency or officer shall be deemed to have adopted, and shall follow and enforce, the model policy established by the Law Enforcement Advisory Board. The policy shall include the following provisions:

(1) Electronic control devices are less-lethal, but not necessarily nonlethal, alternatives to lethal force.

(2) Officers may deploy an electronic control device only:

(A) against subjects who are exhibiting active aggression or who are actively resisting in a manner that, in the officer's judgment, is likely to result in injuries to others or themselves; or

(B) if, without further action or intervention by the officer, injuries to the subject or others will likely occur.

(3) Neither an officer, a subject, or a third party has actually to suffer an injury before an officer is permitted to use an electronic control device, and officers are not required to use alternatives that increase the danger to the public or themselves.

(4) When it is safe to do so, officers shall attempt to de-escalate situations and shall provide a warning prior to deploying an electronic control device.

(5) Electronic control devices shall not be used in a punitive or coercive manner and shall not be used to awaken, escort, or gain compliance from passively resisting subjects. The act of fleeing or of destroying evidence, in and of itself, does not justify the use of an electronic control device.

(6) The use of electronic control devices shall comply with all recommendations by manufacturers for the reduction of risk of injury to subjects, including situations where a subject's physical susceptibilities are known.

(7) Electronic control devices shall be used in a manner that recognizes the potential additional risks that can result from situations:

(A) involving persons who are in an emotional crisis that may interfere with their ability to understand the consequences of their actions or to follow directions;

(B) involving persons with disabilities whose disability may impact their ability to communicate with an officer, or respond to an officer's directions; and

(C) involving higher risk populations that may be more susceptible to injury as a result of electronic control devices.

(8) Electronic control devices shall not be used on animals unless necessary to deter vicious or aggressive behavior that threatens the safety of officers or others.

(c) The Criminal Justice Council shall adopt rules and develop training to ensure that the policies and standards of this section are met. The Criminal Justice Council shall ensure that a law enforcement officer receives appropriate and sufficient training before becoming authorized to carry or use an electronic control device.

(d) On or before June 30, 2017, every State, county, municipal, or other law enforcement agency that employs one or more certified law enforcement officers shall ensure that all officers have completed the training established in 2004 Acts and Resolves No. 80, Sec. 13(a), and every constable who is not employed by a law enforcement agency shall have completed this training.

(e) The Criminal Justice Council shall coordinate training initiatives with the Department of Mental Health related to law enforcement interventions, training for joint law enforcement and mental health crisis team responses, and enhanced capacity for mental health emergency responses.

(f) Every State, county, municipal, or other law enforcement agency and every constable who is not employed by a law enforcement agency shall report all incidents involving the use of an electronic control device to the Criminal Justice Council in a form to be determined by the Council.

(g) The Law Enforcement Advisory Board shall:

(1) study and make recommendations as to whether officers authorized to carry electronic control devices should be required to wear body cameras; and

(2) establish a policy on the calibration and testing of electronic control devices.

(3), (4) [Repealed.]
20 V.S.A. § 1581 — VT Code / Title 20 / Chapter 84 / Section 1581
§ 1581. Vermont Veterans' Memorial Cemetery Advisory Board
Status: in_force

(a) The Vermont Veterans' Memorial Cemetery Advisory Board is created to advise the Adjutant and Inspector General on all matters relating to the establishment and operation of a Vermont veterans' memorial cemetery to be known as the Vermont Veterans' Memorial Cemetery. The Board shall consist of:

(1) The Commissioner of Buildings and General Services, who shall serve as Chair of the Board.

(2) One member of the Senate who shall be appointed by the Senate Committee on Committees.

(3) One member of the House who shall be appointed by the House Speaker.

(4) Four individuals who represent veterans or are members of a veterans' organization, to be appointed by the Governor for staggered terms of six years.

(5) One individual who represents the Vermont granite, Vermont slate, or Vermont marble industry selected by the Governor for a six-year term.

(b) For each meeting, legislative members shall be entitled to receive compensation and reimbursement for expenses as provided under 2 V.S.A. § 23(a). The members representing veterans or from veterans' organizations shall be entitled to per diem as provided in 32 V.S.A. § 1010 and their necessary and actual expenses.
20 V.S.A. § 2730 — VT Code / Title 20 / Chapter 173 / Section 2730
§ 2730. Definitions
Status: in_force

(a) As used in this subchapter, “public building” means:

(1)(A) a building owned or occupied by a public utility, hospital, school, house of worship, convalescent center or home for elders or persons who have an infirmity or a disability, nursery, kindergarten, or child care;

(B) a building in which two or more persons are employed, or occasionally enter as part of their employment, or are entertained, including private clubs and societies;

(C) a cooperative or condominium;

(D) a building in which people rent accommodations, whether overnight or for a longer term;

(E) a restaurant, retail outlet, office or office building, hotel, tent, or other structure for public assembly, including outdoor assembly, such as a grandstand;

(F) a building owned or occupied by the State of Vermont, a county, a municipality, a village, or any public entity, including a school or fire district; or

(G)(i) a building in which two or more persons are employed, or occasionally enter as part of their employment, and where the associated extraction of plant botanicals utilizing flammable, volatile, or otherwise unstable liquids, pressurized gases, or other substances capable of combusting or whose properties would readily support combustion or pose a deflagration hazard; and

(ii) notwithstanding subdivision (b)(3) of this section, a building on a working farm or farms that meets the criteria of subdivision (G)(i) of this subsection is a “public building.”

(2) Use of any portion of a building in a manner described in this subsection shall make the entire building a “public building” for purposes of this subsection. For purposes of this subsection, a “person” does not include an individual who is directly related to the employer and who resides in the employment-related building.

(b) The term “public building” does not include:

(1) An owner-occupied single-family residence, unless used for a purpose described in subsection (a) of this section.

(2) A family residence registered as a child care home under 33 V.S.A. chapter 35, or specifically exempted from registration by 33 V.S.A. § 3502(b)(1).

(3) Farm buildings on a working farm or farms. For purposes of this subchapter and subchapter 3 of this chapter, the term “working farm or farms” means farms with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year. In addition, the term means a farm or farms:

(A) Whose owner is actively engaged in farming.

(B) If the farm or farms are owned by a partnership or a corporation, one that includes at least one partner or principal of the corporation who is actively engaged in farming.

(C) Where the farm or farms are leased, the lessee is actively engaged in farming. The term “farming” means:

(i) The cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops.

(ii) The raising, feeding, or management of livestock, poultry, equines, fish, or bees.

(iii) The production of maple syrup.

(iv) The operation of greenhouses.

(v) The on-site storage, preparation, and sale of agricultural products principally produced on the farm. Notwithstanding this definition of farming, housing provided to farm employees other than family members shall be treated as rental housing and shall be subject to the provisions of this chapter. In addition, any farm building that is open for public tours and for which a fee is charged for those tours shall be considered a public building.

(4) An owner-occupied single-family residence with an accessory dwelling unit as permitted under 24 V.S.A. § 4412(1)(E), unless rented overnight or for a longer term as described in subdivision (1)(D) of subsection (a) of this section.

(5) A building that is used in the outdoor cultivation of cannabis by a person licensed pursuant to 7 V.S.A. chapter 33 in accordance with such chapter and related rules with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year.

(c) For the purpose of this subchapter, subchapter 3 of this chapter, and chapter 174 of this title, the words “premises,” “building,” and “structure,” or any part thereof shall mean “public building” as defined in this section.

(d) “Historic building” or “historic structure” means any structure that has been listed in the National Register of Historic Places or the State Register of Historic Places or that has been determined to be historically significant by the Vermont Advisory Council on Historic Preservation or that meets the standards adopted by the Division for Historic Preservation pursuant to 22 V.S.A. § 723(a).

(e) The phrase “damage or destroy the historic architectural integrity of the historic building or structure” means to have an undue adverse impact on historically significant features of the historic architectural integrity of the building.
20 V.S.A. § 2863 — VT Code / Title 20 / Chapter 173 / Section 2863
§ 2863. Entry on premises
Status: in_force

The Fire Marshal and his or her assistants, upon complaint duly made, shall have authority to enter, at all reasonable hours, into and upon all buildings and premises within their jurisdiction for the purposes of examination in the performance of their duties.
20 V.S.A. § 2351a — VT Code / Title 20 / Chapter 151 / Section 2351a
§ 2351a. Definitions
Status: in_force

As used in this chapter:

(1) “Executive officer” means the highest-ranking law enforcement officer of a law enforcement agency.

(2) “Law enforcement agency” means the employer of a law enforcement officer.

(3) “Law enforcement officer” means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State's Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8; a police officer appointed to the University of Vermont's Department of Police Services; or the provost marshal or assistant provost marshal of the Vermont National Guard.

(4) “Off-site training” means training provided off the premises of a law enforcement officer training school and approved by the Council under the provisions of section 2355 of this chapter.
20 V.S.A. § 2541 — VT Code / Title 20 / Chapter 171 / Section 2541
§ 2541. Formation
Status: in_force

At an annual or special meeting, by a majority vote of those present and voting, towns may vote to form a fire district whose limits shall be the town limits, provided the warning for such meeting contains an article to that effect.
20 V.S.A. § 30 — VT Code / Title 20 / Chapter 1 / Section 30
§ 30. State Emergency Response Commission; creation
Status: in_force

(a) The State Emergency Response Commission is created within the Department of Public Safety. The Commission shall consist of 18 members: eight ex officio members, including the Commissioner of Public Safety, the Secretary of Natural Resources, the Secretary of Transportation, the Commissioner of Health, the Secretary of Agriculture, Food and Markets, the Commissioner of Labor, the Director of Fire Safety, and the Director of Emergency Management, or designees; and 10 public members, including a representative from each of the following: local government, the local emergency planning committee, a regional planning commission, the fire service, law enforcement, public works, emergency medical service, a hospital, a transportation entity required under EPCRA to report chemicals to the State Emergency Response Commission, and another entity required to report extremely hazardous substances under EPCRA.

(b) The 10 public members shall be appointed for staggered three-year terms as described in this subsection.

(1) Three public members, appointed by the Speaker of the House.

(2) Three public members, appointed by the Senate Committee on Committees.

(3) Four public members, appointed by the Governor.

(4) When the seat of a public member is vacated, the replacement member shall be appointed on a rotating basis starting with the Speaker of the House, with the next appointment to be made by the Senate Committee on Committees, and then the next appointment to be made by the Governor, and then beginning again.

(c) The Governor shall appoint the Chair of the Commission.

(d) Members of the Commission, except State employees who are not otherwise compensated as part of their employment and who attend meetings, shall be entitled to a per diem and expenses as provided in 32 V.S.A. § 1010.
20 V.S.A. § 3061 — VT Code / Title 20 / Chapter 177 / Section 3061
§ 3061. Possession
Status: in_force

A person who keeps or suffers to be kept upon premises owned or occupied by him or her, within 50 rods of an inhabited building of another person, more than 50 pounds of gunpowder or nitroglycerine at one time, or more than one pound unless contained in sound canisters of tin or other metal, or a package containing more than 50 pounds of dynamite shall be fined $25.00, and $25.00 additional for each day that it is so kept after notice from an inhabitant of such town to remove the same.
20 V.S.A. § 2738 — VT Code / Title 20 / Chapter 173 / Section 2738
§ 2738. Fire Prevention and Building Inspection Special Fund
Status: in_force

(a) The Fire Prevention and Building Inspection Special Fund revenues shall be from the following sources:

(1) fees relating to construction and inspection of public building and fire prevention inspections under section 2731 of this title;

(2) fees relating to boilers and pressure vessels under section 2883 of this title;

(3) fees relating to electrical installations and inspections and the licensing of electricians under 26 V.S.A. §§ 891-915;

(4) fees relating to cigarette certification under section 2757 of this title; and

(5) fees relating to plumbing installations and inspections and the licensing of plumbers under 26 V.S.A. §§ 2171-2199.

(b) Fees collected under subsection (a) of this section shall be available to the Department of Public Safety to offset the costs of the Division of Fire Safety.

(c) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
20 V.S.A. § 2864 — VT Code / Title 20 / Chapter 173 / Section 2864
§ 2864. Attendance of witnesses; production of documents
Status: in_force

The Fire Marshal and the Deputy Fire Marshal, or either of them, may summon and compel the attendance of witnesses to testify relative to any matter that is subject to an inquiry or investigation pursuant to the provisions of this chapter and may require the production of any book, paper, or document that they deem pertinent to the inquiry or investigation. Witnesses shall be subpoenaed in the same manner as witnesses in the Criminal Division of the Superior Court and a person shall not be excused from appearing before the Fire Marshal or Deputy Fire Marshal when summoned to appear. A witness shall receive the same compensation as is paid in the Criminal Division of the Superior Court, which shall be paid out of the Fire Prevention and Building Inspection Special Fund upon vouchers signed by the Fire Marshal or Deputy Fire Marshal before whom the witnesses appeared. At the close of the investigation for which the witnesses were subpoenaed the officer shall certify to their attendance and mileage and the certificate shall be filed in the Office of the Fire Marshal.
20 V.S.A. § 189 — VT Code / Title 20 / Chapter 7 / Section 189
§ 189. Period in which authority may be exercised
Status: in_force

Officials authorized to act as Governor pursuant to this chapter, emergency interim successors, and special emergency judges shall be authorized to exercise the powers and discharge the duties of an office as authorized by this chapter only in the event that a catastrophic incident in the United States or Canada has occurred. The Governor by proclamation, or the General Assembly by concurrent resolution, may at any time terminate the authority of the emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as provided by this chapter, subject to the filling of any vacancy or subject to the respective officers and judges becoming available.
20 V.S.A. § 2372 — VT Code / Title 20 / Chapter 151 / Section 2372
§ 2372. Statewide model policy; use of sealed criminal history records by law enforcement agencies
Status: in_force

(a) As used in this section:

(1) “Criminal history records” has the same meaning as in section 2056a of this title.

(2) “Criminal justice purposes” has the same meaning as in section 2056a of this title.

(3) “Law enforcement agency” has the same meaning as in section 2351a of this title.

(b) On or before December 15, 2025, the Vermont Criminal Justice Council shall establish a statewide model policy governing the access and use of sealed criminal history records by Vermont law enforcement agencies. The purpose of the policy is to ensure consistent statewide application of law and practice regarding the access and use of sealed criminal history information for criminal justice purposes under 13 V.S.A. chapter 230, balancing the confidentiality of this information with legitimate criminal justice purposes. If a law enforcement agency or officer was required to adopt a policy pursuant to this subsection but failed to do so on or before March 15, 2026, that agency or officer shall be deemed to have adopted, and shall follow and enforce, the model policy established by the Criminal Justice Council. The policy shall govern the access and use of sealed criminal history records by all law enforcement officers in the State and shall include the following provisions consistent with 13 V.S.A. chapter 230:

(1) define the types of sealed criminal history records that may be accessed and used, including sealed criminal history records contained in records of arrests and prosecutions, and sealed criminal history records contained in computer-aided dispatch and record management systems;

(2) define a record-keeping system through which the law enforcement agency maintains records of each instance in which an officer has accessed or used a sealed criminal history record; and

(3) comply with applicable State and federal law.

(c) The Criminal Justice Council shall:

(1) adopt rules to ensure that the policies and standards of this section are met; and

(2) develop, publish, and periodically review the statewide model policy established pursuant to subsection (b) of this section.
20 V.S.A. § 2689 — VT Code / Title 20 / Chapter 173 / Section 2689
§ 2689. Failure of officer to perform duty
Status: in_force

An officer referred to in section 2831 of this title who intentionally neglects to comply with any of the requirements of this chapter shall be fined not more than $100.00 nor less than $10.00.
20 V.S.A. § 15 — VT Code / Title 20 / Chapter 1 / Section 15
§ 15. Return of property
Status: in_force

(a) Whenever the need for the purposes of this chapter of any real or personal property acquired under this chapter shall terminate, the Governor may dispose of such property on such terms and conditions as he or she deems appropriate, but to the extent feasible and practicable the Governor shall give to the former owner of any property so disposed of an opportunity to reacquire it:

(1) at its then fair value as determined by the Governor; or

(2) if it is to be disposed of, other than at a public sale of which the Governor shall give reasonable notice, at less than such value, at the highest price any other person is willing to pay for the property.

(b) The Governor need not provide an opportunity to reacquire property in the case of items that lose their identity in use or to property having a fair value of less than $500.00.
20 V.S.A. § 481 — VT Code / Title 20 / Chapter 25 / Section 481
§ 481. Duties generally
Status: in_force

(a) The Adjutant and Inspector General shall keep in good repair, and attend to the preservation, safekeeping, and cleaning of the ordnance, arms, accoutrements, ammunition, munitions of war, and implements of every description, whether the property of the State or issued to the State by the federal government, and shall have the control and disposition of it for that purpose, subject to the orders of the Governor.

(b) The Adjutant and Inspector General shall make provisions for the care and preservation of the buildings and grounds used in connection with the National Guard.
20 V.S.A. § 1935 — VT Code / Title 20 / Chapter 113 / Section 1935
§ 1935. Procedure if person refuses to give sample
Status: in_force

(a) If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the Commissioner of the Department of Corrections or of Public Safety shall file a motion in the Superior Court for an order requiring the person to provide the sample.

(b) The person who refuses to provide a DNA sample shall be served with a copy of the motion and shall be entitled to a hearing by the court, limited in scope solely to the issues described in subsection (c) of this section.

(c) If the court finds that the person who refused to provide a DNA sample is a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order requiring the person to provide the DNA sample in accordance with the provisions of this subchapter. The court's order shall also specify the manner by which the DNA sample shall be obtained and may authorize law enforcement and correctional personnel to employ reasonable force to obtain the DNA sample. No such employee or health care professional shall be criminally or civilly liable for the use of reasonable force.

(d) If the court finds that the person who refused to provide a DNA sample is not a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order relieving the person of the obligation to provide a DNA sample.

(e) If the Supreme Court reverses a determination that a DNA sample shall be provided, the Department shall destroy the DNA sample and expunge the DNA record as provided in section 1940 of this subchapter.

(f) Venue for proceedings under this section shall be in the territorial unit of the Superior Court where the conviction occurred. Hearings under this section shall be conducted by the Superior Court without a jury and shall be subject to the Vermont Rules of Civil Procedure as consistent with this section. The State has the burden of proof by a preponderance of the evidence. Affidavits of witnesses shall be admissible evidence that may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.

(g) A decision of the Superior Court under this section may be appealed as a matter of right to the Supreme Court. The court's order shall not be stayed pending appeal unless the respondent is reasonably likely to prevail on appeal.
20 V.S.A. § 3423 — VT Code / Title 20 / Chapter 191 / Section 3423
§ 3423. Record of sale
Status: in_force

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.
20 V.S.A. § 965 — VT Code / Title 20 / Chapter 39 / Section 965
§ 965. Effect of nonjudicial discipline
Status: in_force

(a) The imposition and enforcement of nonjudicial discipline under this subchapter for any act or omission shall not be a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this subchapter.

(b) The fact that nonjudicial discipline has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of discipline to be adjudged in the event of a finding of guilty.
20 V.S.A. § 204 — VT Code / Title 20 / Chapter 8 / Section 204
§ 204. Party jurisdiction responsibilities - Article III
Status: in_force

(a) Formulate plans and programs. It is the responsibility of each party jurisdiction to formulate procedural plans and programs for interjurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the party jurisdictions, to the extent practical, shall:

(1) review individual jurisdictional hazards analyses that are available and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, manmade disaster, or emergency aspects of resource shortages;

(2) initiate a process to review party jurisdictions' individual emergency plans and develop a plan that will determine the mechanism for the interjurisdictional cooperation;

(3) develop interjurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;

(4) assist in warning communities adjacent to or crossing jurisdictional boundaries;

(5) protect and ensure delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services, and resources, both human and material to the extent authorized by law; and

(6) inventory and agree upon procedures for the interjurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

(b) Request assistance. The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be oral or in writing. If oral, the request must be confirmed in writing within 15 days of the oral request. Requests must provide the following information:

(1) a description of the emergency service function for which assistance is needed and of the mission or missions, including, but not limited to, fire services, emergency medical services, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;

(2) the amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; and

(3) the specific place and time for staging of the assisting party's response and a point of contact at the location.

(c) Consultation among party jurisdiction officials. There shall be frequent consultation among the party jurisdiction officials who have assigned emergency management responsibilities, such officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the party jurisdictions with free exchange of information, plans, and resource records relating to emergency capabilities to the extent authorized by law.
20 V.S.A. § 2602 — VT Code / Title 20 / Chapter 171 / Section 2602
§ 2602. Matters subject to regulation by bylaws
Status: in_force

A fire district at its meetings may regulate by bylaws the manufacture and safekeeping of ashes, gunpowder, and combustibles, and the preservation of buildings from fire by precautionary measures and by inspection.
20 V.S.A. § 2606 — VT Code / Title 20 / Chapter 171 / Section 2606
§ 2606. Eminent domain
Status: in_force

When a fire district decides to erect a building for the preservation of its fire apparatus and the location of land for the building is determined, if the owner of the land refuses to convey the land to the district at a price that the district deems reasonable, the district may take the land in the same manner as a town may take land for town purposes as provided in 24 V.S.A. §§ 2805-2812. The duties imposed by 24 V.S.A. §§ 2805-2812 upon the selectboard shall be performed by the prudential committee of the district. All petitions and notices shall be served on the clerk of the district in lieu of on the town clerk as provided pursuant to 24 V.S.A. §§ 2805-2812.
20 V.S.A. § 3481 — VT Code / Title 20 / Chapter 191 / Section 3481
§ 3481. Breaking open pound; unlawful release
Status: in_force

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. § 1841 — VT Code / Title 20 / Chapter 112 / Section 1841
§ 1841. Definitions
Status: in_force

As used in this chapter:

(1) “Public safety agency” means any municipal, county, or State agency or organization within the State that specializes in protecting the safety of the public and includes municipal police and fire departments, volunteer fire departments, county sheriffs, and constables who exercise law enforcement authority.

(2) “Search and rescue” means the deployment, coordination, and utilization of available resources and personnel in locating, relieving the distress, and preserving the lives of and removing persons who are missing or lost in the backcountry, remote areas, or waters of the State.
20 V.S.A. § 3549 — VT Code / Title 20 / Chapter 193 / Section 3549
§ 3549. Domestic pets or wolf-hybrids; regulation by towns
Status: in_force

The legislative body of a city or town by ordinance may regulate the licensing, keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids and their running at large, except that a legislative body of a city or town shall not prohibit or regulate the barking or running at large of a working farm dog when it is on the property being farmed by the person who registered the working farm dog, pursuant to subsection 3581(a) of this title, in the following circumstances:

(1) if the working farm dog is barking in order to herd or protect livestock or poultry or to protect crops; or

(2) if the working farm dog is running at large in order to herd or protect livestock or poultry or to protect crops.
20 V.S.A. § 2488 — VT Code / Title 20 / Chapter 171 / Section 2488
§ 2488. Board of tax abatement
Status: in_force

The board for the abatement of taxes of a fire district shall consist of the prudential committee, the clerk of the committee, the justices of the peace, and listers residing in the district. The board may abate taxes accruing to such municipality in all cases where a different provision is not made by the charter, acts of incorporation, or amendments to the charter or acts of incorporation of the municipality.
20 V.S.A. § 2964 — VT Code / Title 20 / Chapter 175 / Section 2964
§ 2964. Powers, duties, rights, privileges, and immunities of members
Status: in_force

Whenever the firefighting forces of any town, city, or private volunteer fire department are rendering aid pursuant to this subchapter, the officers and members of such firefighting forces shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed.
20 V.S.A. § 2056i — VT Code / Title 20 / Chapter 117 / Section 2056i
§ 2056i. Dissemination of criminal history records to the Department of Buildings and General Services; private contractors
Status: in_force

(a) Definitions. As used in this section:

(1) “Criminal record” means the record of:

(A) convictions in Vermont; or

(B) convictions in other jurisdictions recorded in other state repositories or by the Federal Bureau of Investigation (FBI).

(2) “Private contractor” means any individual who is performing specific services or functions for the Department of Buildings and General Services on State-owned or -leased property pursuant to a contract with the State or a subcontract with a person who has contracted with the State and includes an individual who is employed by a person that is performing specific services or functions for the Department of Buildings and General Services on State-owned or -leased property pursuant to a contract with the State or a subcontract with a person who has contracted with the State.

(b) Authority. The Department of Buildings and General Services may obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any person who is or will be working in a private contractor position and any applicant for a private contractor position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user's agreement filed by the Commissioner of Buildings and General Services with the Center. The user's agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.

(c) Request process. A request made under this section shall be accompanied by a set of the person's fingerprints.

(d) Notice of records. Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the Commissioner a notice that no record exists or, if a record exists, a copy of any criminal record.

(e) Process for sending information. The Commissioner may inform the contractor in writing of the approved level of access granted for each person for which a record was obtained, but shall not reveal the content of the record to the contractor.

(f) Notice of rights. Information sent to a person by the Commissioner of Buildings and General Services under subsection (e) of this section shall be accompanied by a written notice of the person's rights under subsection (g) of this section, a description of the policy regarding maintenance and destruction of records, and the person's right to request that the notice of no record or record be maintained for purposes of using it to comply with future criminal record check requests pursuant to subsection (i) of this section.

(g) Appeal. Any person subject to a criminal record check pursuant to this section may challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety.

(h) Confidentiality. Criminal records and criminal record information received under this section are designated confidential unless, under subsection (e) of this section, or State or federal law or regulation, the record or information may be disclosed to specifically designated persons.

(i) Recheck of records request. The Commissioner may request a name and date of birth or fingerprint-supported recheck of the criminal record for any person who is working in a private contractor position every three years or as otherwise required by law.

(j) Maintenance or records. The Commissioner shall maintain the record or information pursuant to the user agreement for maintenance of records. At the end of the time required by the user agreement for maintenance of the information, the Commissioner shall destroy the information in accordance with the user agreement.
20 V.S.A. § 3908 — VT Code / Title 20 / Chapter 194 / Section 3908
§ 3908. Adoption of rules
Status: in_force

The Secretary may as he or she deems necessary adopt, amend, revise, and repeal rules consistent with this chapter for the purpose of carrying out its purposes. The rules may include provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, and adequate veterinary medical care, with respect to animals kept or cared for at premises licensed or registered under this chapter. The Secretary may at his or her discretion adopt in whole or in part those portions of the rules of the Secretary of Agriculture, Food and Markets under Public Law 89-544, commonly known as the Animal Welfare Act, that are consistent with the purposes of this chapter.
20 V.S.A. § 11 — VT Code / Title 20 / Chapter 1 / Section 11
§ 11. Additional emergency powers
Status: in_force

In the event of an all-hazards event, the Governor may exercise any or all of the following additional powers:

(1) To authorize any department or agency of the State to lease or lend, on such terms and conditions and for a period related to the declaration of emergency to promote the public welfare and protect the interests of the State, any real or personal property of the State government.

(2) To enter into a contract on behalf of the State for the lease or loan, on such terms and conditions and for such period as the Governor deems necessary to promote the public welfare and protect the interests of the State, of any real or personal property of the State government, or the temporary transfer or employment of personnel thereof to any town or city of the State. The chief executive, the chair or president of the legislative branch, or the emergency management director of the town or city is authorized for and in the name of the town or city to enter into the contract with the Governor for the leasing or lending of the property and personnel, and the chief executive, the chair or president of the legislative branch, or the emergency management director of the town or city may equip, maintain, utilize, and operate such property except news outlets, radio stations, places of worship and assembly, and other facilities for the exercise of constitutional freedom, and employ necessary personnel in accordance with the purposes for which such contract is executed.

(3) To seize, take, or condemn property for the protection of the public or at the request of the President, or his or her authorized representatives including:

(A) All means of transportation;

(B) All stocks of fuel of whatever nature;

(C) Food, clothing, equipment, materials, medicines, and all supplies;

(D) Facilities, including buildings and plants; provided that neither this nor any other authority in this chapter shall be deemed to authorize the eviction of a householder and his or her family from their own home.

(4) To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the State Treasurer for any funds received for such property.

(5) To make compensation for the property seized, taken, or condemned on the following basis:

(A) Whenever the Governor deems it advisable for the State to take property for temporary use or to take property permanently, the Governor, at the time of the taking, shall fix the amount of compensation to be paid for the property. In case the property is taken for temporary use and returned to the owner in a damaged condition the Governor shall fix the amount of compensation to be paid for the damage.

(B) Whenever the Governor deems it advisable for the State to temporarily or permanently take title to property taken under this section, the Governor shall notify the owner of the property of the taking in writing by registered mail or in person, and shall file a copy of the notice with the Secretary of State.

(C) Any owner of property of which possession has been either temporarily or permanently taken under the provisions of this chapter to whom no award has been made or who is dissatisfied with the amount awarded by the Governor may file a petition in the Superior Court within the county wherein the property was situated at the time of taking to have the amount to which the owner is entitled by way of damages or compensation determined, and either the petitioner or the State shall have the right to have the amount of such damages or compensation fixed after hearing by three disinterested appraisers appointed by the court, and who shall operate under substantive and administrative procedure to be established by the Superior judges. If the owner of the property is dissatisfied with the award of the appraisers, the owner may appeal the award to the Superior Court and thereafter have a trial by jury to determine the amount of the damages or compensation. The court costs of a proceeding brought under this section by the owner of the property shall be paid by the State, and the fees and expenses of any attorney for the owner shall also be paid by the State after allowances by the court in which the petition is brought in an amount determined by the court. The statute of limitations shall not apply to proceedings brought by owners of property under this section for and during the time that any court having jurisdiction over the proceedings is prevented from holding its usual and stated sessions due to conditions resulting from emergencies described in this chapter.

(6) To perform and exercise other functions, powers, and duties as necessary to promote and secure the safety and protection of the civilian population.
20 V.S.A. § 34 — VT Code / Title 20 / Chapter 1 / Section 34
§ 34. Temporary housing for disaster victims
Status: repealed

(a) Whenever the Governor declares an emergency under the laws of this State, or the President has declared an emergency or an all-hazards event to exist in this State, the Governor is authorized:

(1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the State.

(2) To assist any political subdivision of this State that is the locus of temporary housing for disaster victims to acquire sites necessary for the temporary housing and to prepare the site to receive and utilize temporary housing units by:

(A) advancing or lending funds available to the Governor from any appropriation made by the General Assembly or from any other source;

(B) “passing through” funds made available by any agency, public or private; or

(C) becoming a co-partner with the political subdivision for the execution and performance of any temporary housing for disaster victims project and for such purposes to pledge the credit of the State on such terms as the Governor deems appropriate having due regard for current debt transactions of the State.

(b) During a declared state of emergency, the Governor may, by order or rule, temporarily suspend or modify for not more than 60 days any law or rule pertaining to public health, safety, zoning, or transportation if, the Governor deems the suspension or modification essential to provide temporary housing for disaster victims.

(c) Any political subdivision of this State is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements are necessary to prepare or equip such sites to utilize the housing units, including the purchase of temporary housing units and payment of transportation charges.

(d) [Repealed.]

(e) Nothing in this chapter shall be construed to limit the Governor's authority to apply for, administer, and expend any grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery.

(f) [Repealed.]
20 V.S.A. § 3417 — VT Code / Title 20 / Chapter 191 / Section 3417
§ 3417. Application to Superior judge
Status: in_force

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.
20 V.S.A. § 2731 — VT Code / Title 20 / Chapter 173 / Section 2731
§ 2731. Rules; inspections; variances
Status: in_force

(a) Rules.

(1) The Commissioner is authorized to adopt rules regarding the construction of buildings, maintenance and operation of premises, and prevention of fires and removal of fire hazards, and to prescribe standards necessary to protect the public, employees, and property against harm arising out of or likely to arise out of fire.

(2)(A) The Commissioner shall require each of the following certificants to complete an education module regarding the State's energy goals and how each certificant's specific profession can further those goals:

(i) gas appliance installers, inspectors, and servicers certified under subdivision (c)(4)(C) of this section;

(ii) oil burning equipment installers, inspectors, and servicers certified under subdivision (c)(4)(D) of this section; and

(iii) limited oil burning equipment installers, inspectors, and services certified under subdivision (c)(4)(F) of this section.

(B) The education module shall be not more than two hours and shall be required as a condition of initial certification and certification renewal. The module shall include education on any State or utility incentives relevant to the profession.

(i) The education module for initial certification shall provide general information regarding the State's energy goals.

(ii) The education module for certification renewal shall provide any updates on the State's energy goals and any updates regarding corresponding State energy programs applicable to the profession.

(C) The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service.

(b) Inspections.

(1) The Commissioner shall conduct inspections of premises to ensure that the rules adopted under this subchapter are being observed and may establish priorities for enforcing these rules and standards based on the relative risks to persons and property from fire of particular types of premises.

(2) The Commissioner may also conduct inspections to ensure that buildings are constructed in accordance with approved plans and drawings.

(c) Fees. The following fire prevention and building code fees are established:

(1) The permit application fee for a construction plan approval shall be based on $8.00 per each $1,000.00 of the total valuation of the construction work proposed to be done for all buildings, but in no event shall the permit application fee exceed $185,000.00 nor be less than $50.00.

(2) When an inspection is required due to the change in use or ownership of a public building, the fee shall be $125.00.

(3) The proof of inspection fee for fire suppression, alarm, detection, and any other fire protection systems shall be $30.00.

(4) Three-year initial certificate of fitness and renewal fees for individuals performing activities related to fire or life safety established under subsection (a) of this section shall be:

(A) Water-based fire protection system design:

(i) Initial certification: $150.00.

(ii) Renewal: $50.00.

(B) Water-based fire protection system installation, maintenance, repair, and testing:

(i) Initial certification: $115.00.

(ii) Renewal: $50.00.

(C) Gas appliance installation, inspection, and service: $60.00.

(D) Oil burning equipment installation, inspection, and service: $60.00.

(E) Fire alarm system inspection and testing: $90.00.

(F) Limited oil burning equipment installation, inspection, and service: $60.00.

(G) Domestic water-based fire protection system installation, maintenance, repair, and testing:

(i) Initial certification: $60.00.

(ii) Renewal: $20.00.

(H) Fixed fire extinguishing system design, installation, inspection, servicing, and recharging:

(i) Initial certification: $60.00.

(ii) Renewal: $20.00.

(I) Emergency generator installation, maintenance, repair, and testing: $30.00.

(J) Chimney and solid fuel burning appliance cleaning, maintenance, and evaluation: $30.00.

(d) Permit processing. The Commissioner shall make all practical efforts to process permits in a prompt manner. The Commissioner shall establish time limits for permit processing as well as procedures and time periods within which to notify applicants whether an application is complete.

(e) Variances; exemptions. Except for any rules requiring the education module regarding the State's energy goals described in subdivision (a)(2) of this section, the Commissioner may grant variances or exemptions from rules adopted under this subchapter where strict compliance would entail practical difficulty, unnecessary hardship, or is otherwise found unwarranted, provided that:

(1) any such variance or exemption secures the public safety and health;

(2) any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Commissioner, equal protection of the public safety and health as provided by the rule or rules;

(3) the rule or rules from which the variance or exemption is sought has not also been adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and

(4) any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted thereunder.

(f) State-funded building energy standards. The Commissioner shall, in State-funded buildings or new additions to State-funded buildings on which construction is begun after June 30, 2001, meet the standards contained in “The Vermont Guidelines for Energy Efficient Commercial Construction” as published in its most recent edition by the Department of Public Service.

(g) Definition. “Publicly funded building” as used in this section means any public building or an addition thereto that is paid for in whole or in part with federal, State, or municipal monies.

(h) Older and historic renovations. A building owner or contractor engaged in an older and historic renovation project may propose innovative, performance-based alternatives in lieu of strict fire and building code compliance. The Commissioner shall consider such alternatives and shall accept those that provide equivalent protection of the public safety and health. A decision to accept or deny a proposed alternative shall be in writing and explain the reasons for accepting or denying the alternative.

(i) Plan reviews.

(1) The Department approves stamped architectural plans by issuing a plan review letter. If, upon final inspection, the Department requires structural changes, additional life safety modifications, or State-mandated accessibility modifications, and the modifications or changes are not the result of design or construction changes by the owner, the owner or architect:

(A) may apply for a variance or exemption as provided in subsection (e) of this section, section 2732 of this title, or 26 V.S.A. § 124; and

(B) if the variance or exemption request is denied, upon the completion of the structural changes or additional life safety, or State-mandated accessibility modifications, as the case may be, may apply to the Commissioner for a reimbursement of some or all of the plan review fee paid for the project.

(2) The decisions of the Commissioner pursuant to this subsection shall be final. The Commissioner shall adopt rules to carry out the provisions of this subsection. This subsection shall not apply to design or construction changes necessary to comply with an alternative method of life safety code or State-mandated accessibility compliance requested by the owner after the plan review.

(j) Alarms. Rules adopted under this section shall require that information written, approved, and distributed by the Commissioner on the type, placement, and installation of photoelectric-type or UL 217 compliant smoke alarms and carbon monoxide alarms be conspicuously posted in the retail sales area where the alarms are sold.

(k) Building codes. Pursuant to his or her authority under this section, the Commissioner of Public Safety shall:

(1) Develop and maintain on the Department website a graphic chart or grid depicting categories of construction, including new construction, major rehabilitation, change of use, and additions, and the respective building codes that apply to each category.

(2) Whenever practicable and appropriate, offer the opportunity to construction and design professionals to participate in Division of Fire Safety staff training.

(3) Update building codes on three-year cycles, consistent with codes developed by code-writing authorities, to keep pace with technology, products, and design.

(4) Create a publicly accessible database of decisions that are decided on appeal to the Commissioner.

(l) Energy standard certificates. Provision of a certificate as required by 30 V.S.A. § 51 (residential building energy standards) or 53 (commercial building energy standards) shall be a condition precedent to the issuance of a certificate of use or occupancy for a public building under the rules adopted pursuant to this section.

(m) Refrigerants. No rule adopted under this section or any other requirement of this title shall prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. § 7671k or 10 V.S.A. § 586, provided any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation.
20 V.S.A. § 188 — VT Code / Title 20 / Chapter 7 / Section 188
§ 188. Formalities of taking office; bonds
Status: in_force

At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Certificates showing the taking of such oaths shall be filed in the office of the Governor, except, in the case of interim successors authorized by sections 185 and 186 of this title, such certificates shall be filed in the office of the county clerk. An emergency interim successor, when the holder of the office to which he or she may succeed is required to give a bond for the faithful performance of the duties of the office, shall give a bond for the faithful performance of the duties of the office during the period that he or she shall exercise the powers and discharge the duties thereof, and a special emergency judge shall give a bond for the faithful performance of the duties of the office of district judge during the period that he or she shall exercise the powers and discharge the duties thereof. Blanket bonds may be accepted when authorized for holders of offices. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provisions of law relative to taking office.
20 V.S.A. § 2678 — VT Code / Title 20 / Chapter 172 / Section 2678
§ 2678. Short-term rentals; health and safety disclosure
Status: in_force

(a) The Department of Public Safety's Division of Fire Safety shall prepare concise guidance on the rules governing health, safety, sanitation, and fitness for habitation of short-term rentals in this State and provide the guidance to any online platform or travel agent hosting or facilitating the offering of a short-term rental in this State.

(b) Any online platform or travel agent hosting or facilitating the offering of a short-term rental in this State shall make available the guidance under subsection (a) of this section to a short-term rental operator in this State.

(c) A short-term rental operator shall:

(1) physically post the guidance under subsection (a) of this section in a conspicuous place in any short-term rental offered for rent in this State; and

(2) provide the guidance under subsection (a) of this section as part of any offering or listing of a short-term rental in this State.
20 V.S.A. § 4651 — VT Code / Title 20 / Chapter 207 / Section 4651
§ 4651. Prohibited disclosure of personally identifying information
Status: in_force

(a) As used in this section:

(1) “Personally identifying information” means information concerning a person's sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, immigration status, age, or disability.

(2) “Public agency” has the same meaning as in 1 V.S.A. § 317 and shall include all officers, employees, agents, and independent contractors of the public agency.

(b) A public agency shall not:

(1) collect information regarding the religious beliefs, practices, or affiliation of any individual for the purpose of registration of an individual based on his or her religious beliefs, practices, or affiliations;

(2) knowingly disclose personally identifying information to any federal agency or official for the purpose of registration of an individual based on his or her personally identifying information; or

(3) use public agency money, facilities, property, equipment, or personnel to assist in creating or enforcing any federal government program for the registration of an individual based on his or her personally identifying information.

(c) Any section, term, or provision of an agreement in existence on the effective date of this section (March 28, 2017) that conflicts with subsection (b) of this section shall be invalidated on that date to the extent of the conflict.

(d) Nothing in this section is intended to prohibit or impede any public agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 1644. To the extent any State or local law enforcement policy or practice conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, said policy or practice is, to the extent of such conflict, abolished.

(e) Nothing in this section is intended to prohibit or impede any public agency from disclosing or exchanging aggregated information that cannot be used to identify an individual with any other public agency or federal agency or official.
20 V.S.A. § 2922 — VT Code / Title 20 / Chapter 175 / Section 2922
§ 2922. Liability of official or member
Status: in_force

An official of a volunteer fire department shall not be liable for any act or omission on his or her own part, or on the part of any member of such department, while engaged in extinguishing a fire at or near the scene of such fire, nor shall any member of such department be liable for his or her own act or omission if then acting under orders of his or her superior.
20 V.S.A. § 2756 — VT Code / Title 20 / Chapter 173 / Section 2756
§ 2756. Purpose
Status: in_force

It is the intent of this subchapter to require that only reduced ignition propensity cigarettes be sold in Vermont. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce fires and related personal injury and property damage caused by cigarette smoking.
20 V.S.A. § 822 — VT Code / Title 20 / Chapter 35 / Section 822
§ 822. Damaged or destroyed property
Status: in_force

When military arms, stores, uniforms, equipment, or property of any kind belonging to the State become damaged, partially or wholly unfit for use, or partially or wholly destroyed, the officer responsible for the property may request the Adjutant and Inspector General to appoint a board of inspection to examine and report as to its condition.
20 V.S.A. § 3175 — VT Code / Title 20 / Chapter 181 / Section 3175
§ 3175. Emergency Personnel Survivors Benefit Special Fund
Status: repealed

(a) The Emergency Personnel Survivors Benefit Special Fund is established in the Office of the State Treasurer for the purpose of the payment of claims distributed pursuant to this chapter. The Fund shall comprise appropriations made by the General Assembly and contributions or donations from any other source. All balances in the Fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the Fund.

(b) [Repealed.]
20 V.S.A. § 3748 — VT Code / Title 20 / Chapter 193 / Section 3748
§ 3748. Action by sheep owner against dog owner
Status: in_force

If sheep are worried, wounded, or killed by a dog, the owner or keeper of such dog, whether it is accustomed to worry, wound, or kill sheep or not, shall pay to the owner of such sheep double the damages sustained, to be recovered in a civil action, with double costs. If the injury complained of is occasioned by two or more dogs acting jointly, belonging to different owners or keepers, the person injured may have a joint action against the different owners or keepers of such dogs, and recover joint damages and costs against all.
20 V.S.A. § 2605 — VT Code / Title 20 / Chapter 171 / Section 2605
§ 2605. Purchase of property
Status: in_force

A fire district, through its prudential committee, may purchase and hold, in addition to the apparatus for extinguishing fires, such real and personal estate as is necessary for the preservation of the fire apparatus.
20 V.S.A. § 945 — VT Code / Title 20 / Chapter 39 / Section 945
§ 945. Rules of the National Guard
Status: in_force

All matters relating to the organization, government, and discipline of the National Guard, including nonjudicial punishment similar to that provided for in the Uniform Code of Military Justice, not otherwise provided for by the laws of the United States, this chapter, or regulations issued by the President shall be governed by rules adopted by the Adjutant and Inspector General and approved by the Governor, and the adopted rules shall have the same force and effect as though enacted in this chapter.
20 V.S.A. § 3682 — VT Code / Title 20 / Chapter 193 / Section 3682
§ 3682. Inspection of premises
Status: in_force

(a) The pet dealer's premises may be inspected upon the issuance of the pet dealer permit or at any time the pet dealer permit is in effect. Inspections may be conducted by a municipal animal control officer, a law enforcement officer as that term is defined in 23 V.S.A. § 4(11), or a representative of the Agency of Agriculture, Food and Markets. The inspector may, at his or her discretion and with the approval of the municipality, be accompanied by a veterinarian or an officer or agent of a humane society incorporated in Vermont. This section shall not create an obligation on the part of any municipal legislative body to conduct inspections.

(b) Inspections shall be scheduled in advance with the pet dealer or pet dealer's agent. Inspections shall be conducted to facilitate compliance with the applicable standards in Part 3 (Standards) of the Animal Welfare Rules adopted by the Agency of Agriculture, Food and Markets relating to cats, dogs, and wolf-hybrids. The person or persons authorized to inspect the pet dealer's premises shall be accompanied by the pet dealer or pet dealer's agent. If the pet dealer's premises are also used for human habitation, the inspection may occur only in those areas of the premises used for animal housing, animal care, birthing, and storage of food and bedding. Photographs or videos of the pet dealer's premises or property shall not be taken during an inspection and while on the pet dealer's premises without the written consent of the permit holder. Repeated failure to consent to an inspection may result in a revocation of the pet dealer permit.

(c) If an inspector, during the course of an inspection under this section, has reason to believe that a criminal animal welfare violation exists on the pet dealer's premises, nothing in this chapter shall preclude a criminal investigation into the suspected violation or shall preclude seeking the remedies available under 13 V.S.A. chapter 8. Assessment of an administrative penalty under this chapter shall not prevent assessment of a criminal penalty under 13 V.S.A. chapter 8.

(d) The inspector shall record the results of each inspection in a log and sign and date each entry. The entries shall be submitted to the municipality, which shall maintain records of all pet dealer inspections. A copy of the inspection results shall be provided to the permit holder.
20 V.S.A. § 2732 — VT Code / Title 20 / Chapter 173 / Section 2732
§ 2732. Historic Variance Appeals Board; variances, exemptions
Status: in_force

(a) The Historic Variance Appeals Board is created. The Board shall consist of the following three members: the Commissioner of Public Safety or designee, who shall be chair; the State Historic Preservation Officer or designee; and a representative of the Vermont historic preservation community appointed by the Governor. A Board member who is not a State employee shall be entitled to compensation and expenses as provided by 32 V.S.A. § 1010.

(b) The Board shall hear and determine all requests for variances or exemptions from the rules adopted by the Commissioner under this subchapter for historic buildings and structures. A request for a variance or exemption may be granted where an applicant has demonstrated that strict compliance would entail practical difficulty, or unnecessary hardship, or would damage or destroy the historic architectural integrity of the historic building or structure, or is otherwise found unwarranted, provided that:

(1) any such variance or exemption secures the public safety and health;

(2) any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Board, equal protection of the public safety and health as provided by rule or rules;

(3) the rule or rules from which the variance or exemption is sought have not also been adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and

(4) any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted pursuant to those chapters.

(c) The Board may permit a person seeking a variance or exemption to phase in compliance with the rules adopted under this subchapter in lieu of or in addition to granting the variance or exemption requested. The period of phased in compliance shall be reasonable but shall state a date by which compliance shall be achieved.

(d) Any person seeking a variance or exemption for work involving an historic building shall file a written request with the Commissioner. The request shall describe the rule or rules from which the variance or exemption is sought, the reasons why a variance or exemption is sought, and a description as to how any alternative means of protecting the public safety and health is to be provided. The Board shall meet and consider such requests within 15 working days of the request being filed with the Commissioner. In deciding whether to grant or deny the request, the Board shall take testimony or receive information from the applicant or his or her representatives, and from Division of Fire Safety staff. A decision of the Board based on a majority vote of those members present shall be binding. The Board shall issue a written determination granting or denying, in whole or in part, any variance or exemption request, or permission to phase in compliance, within 60 days of hearing the request. If a grant is conditional, the condition shall be clearly stated in writing. Failure to act on a request within 60 days shall be deemed approval of the request, provided that the public safety and health is not imminently threatened.

(e) The Board may adopt, amend, or repeal procedural rules to carry out the provisions of this section.

(f) The Board is attached to the Department of Public Safety for administrative purposes.

(g) The Board shall be subject to the requirements of 1 V.S.A. chapter 5, subchapters 2 and 3.