Title 13: Crimes and Criminal Procedure
Chapter 8: Humane and Proper Treatment Of Animals

§ 366. Prohibited use of animals

1. No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.
   
   
2. No live fowl, turtles or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed or given away.
   
   
3. No dog, puppy, cat or kitten shall be offered for sale, sold, displayed or given away on the side of the highway, as defined in 19 V.S.A. § 1, except by the owner or lessor of the abutting land. It shall be an affirmative defense under this subsection that a transaction involving a sale or giving away of a dog, puppy, cat or kitten was previously arranged by the parties, and the sale or giving away on the side of the highway was only for the convenient transfer of the animal.
   
   VACTF Notes: Section 366 (c) is a recent amendment to Title 13 which took effect in 2002. 19 VSA § 1 defines "highways" as those that "are only such as are laid out in the manner prescribed by statute; or roads which have been constructed for public travel over land which has been conveyed to and accepted by a municipal corporation or to the state by deed or a fee or easement interest; or roads which have been dedicated to the public use and accepted by the city or town in which such roads are located; or such as may be from time to time laid out by the agency or town. The term "highway" includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements and structures.
   
   
4. A person who violates this section shall be subject to a fine of not more than $250.00. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 1997, No. 130 (Adj. Sess.), § 13.)