[HISTORY: Adopted by the Town Meeting of the Town of Middlefield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-23-1998]
It is hereby declared that:
A.
Vicious dogs have become a serious and widespread threat to the safety
and welfare of the citizens of our community.
B.
Unprovoked attacks by vicious dogs upon persons and animals throughout
the country have occurred at an increasing rate.
C.
Many of these attacks have taken place in public places and have
been attributable in large degree to the failure of owners to register,
confine and properly control their vicious dogs.
D.
Existing laws are inadequate to deal with the threat to public health
and safety posed by vicious dogs.
E.
The owning, keeping or harboring of vicious dogs is a nuisance.
As used in this article, the following words and terms shall
have the following meanings, unless the context shall indicate another
or different meaning or intent:
A fence or structure not more than six feet in height and
at least five feet by 10 feet, forming or causing an enclosure suitable
to prevent the entry of young children and suitable to confine a vicious
dog in conjunction with other measures which may be taken by the owner
or keeper, such as tethering of the vicious dog. Such enclosure shall
be securely enclosed and locked and designed with secure sides, top
and bottom, shall be designed to prevent the dog from escaping from
the enclosure and shall also provide protection from the elements
for the dog.
Taken into custody of the municipal dog pound.
Any natural person or legal entity, including but not limited
to a firm, corporation, organization, partnership or trust, possessing,
harboring, having, keeping an interest in or having control or custody
of the dog.
Any dog:
Which, when unprovoked, in a vicious or terrorizing manner approaches
any person in a menacing fashion or apparent attitude of attack upon
the streets, sidewalks or any public grounds or places;
With a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise endanger the safety of human beings
or domestic animals;
Which bites, inflicts injury, assaults or otherwise attacks
a human being or domestic animal without provocation on public or
private property;
Owned or harbored primarily or in part for the purpose of dogfighting,
or any dog trained for dogfighting.
Notwithstanding the definition of a "vicious dog" above, no
dog may be declared vicious if an injury or damage is sustained by
a person who, at the time such injury or damage was sustained, was
committing a willful trespass or other tort upon premises occupied
by the owner or keeper of the dog or was teasing, tormenting, abusing
or assaulting the dog or was committing or attempting to commit a
crime.
No dog may be declared vicious if an injury or damage was sustained
by a domestic animal which, at the time such injury or damage was
sustained, was teasing, tormenting or assaulting the dog. No dog may
be declared vicious if the dog was protecting or defending a human
being within the immediate vicinity of the dog from an unjustified
attack or assault.
All vicious dogs shall be confined in an enclosure. It shall
be unlawful for any owner or keeper to maintain a vicious dog upon
any premises which does not have a locked enclosure. It shall be unlawful
for an owner of a vicious dog to permit the dog to be outside the
enclosure unless the dog is securely muzzled and restrained with a
chain held by the owner or keeper having a minimum tensile strength
of 300 pounds and not exceeding three feet in length and shall be
under the direct control and supervision of the owner or keeper of
a vicious dog. The muzzle shall be made in such a manner that will
not cause injury to the dog or interfere with its vision or respiration
but shall prevent it from biting any person or animal.
A.
No person shall own or harbor any dog for the purpose of dogfighting
nor train, torment, badger, bait or use any dog for the purpose of
causing or encouraging said dog to unprovoked attacks upon human beings
or domestic animals.
A.
In the event that the Animal Control Officer has probable cause to
believe that a dog is vicious, the Animal Control Officer or his designee
shall be empowered to convene a hearing for the purpose of determining
whether or not the dog in question should be declared vicious. The
Animal Control Officer or his designee shall conduct or cause to be
conducted an investigation and shall notify the owner or keeper of
the dog that a hearing will be held, at which time he or she may have
the opportunity to present evidence why the dog should not be declared
vicious. The hearing shall be held promptly within no less than five
nor more than 10 days after service of notice upon the owner or keeper
of the dog. The hearing shall be informal and shall be open to the
public.
B.
After the hearing, the owner or keeper of the dog shall be notified
in writing of the order. If an order is made that the dog is vicious,
the owner or keeper shall comply with the provisions of this article
in accordance with a time schedule established by the Animal Control
Officer or his designee, but in no case more than 30 days subsequent
to the date of the determination. If the owner or keeper of the dog
contests the determination, he or she may bring an appeal pursuant
to Connecticut General Statutes § 22-358.
C.
In the event that the Animal Control Officer has probable cause to
believe that the dog in question is vicious and may pose a threat
of serious harm to human beings or domestic animals, the Animal Control
Officer may seize and impound the dog pending the hearing and/or appeal.
The owner or keeper of the dog shall be liable to the Town of Middlefield
for the costs and expenses, including shelter, food and veterinary
expenses, necessitated by the seizure of such dog.
A.
Any vicious dog which is not maintained on property with an enclosure
or which shall be outside of the dwelling of the owner or keeper or
outside of an enclosure shall be confiscated by the Animal Control
Officer and impounded for a period of 14 days. The dog may be destroyed
in an expeditious and humane manner after three offenses documented
under this article, after the expiration of a fourteen-day period,
exclusive of Sundays and holidays. In addition, the owner or keeper
shall pay a fine of $250 and such costs and expenses necessitated
by the seizure of the dog, including such expenses as may be required
for the destruction of such dog by order under this section if he
appealed pursuant to Connecticut General Statutes § 22-358.[1]
B.
If any vicious dog shall, when unprovoked, attack, assault, wound,
bite or otherwise injure or kill a human being or domestic animal,
the owner or keeper of said dog shall pay a fine of $250, and the
Animal Control Officer is empowered to confiscate and, after expiration
of a fourteen-day waiting period, exclusive of Sundays and holidays,
shall destroy said vicious dog. In addition, the owner or keeper shall
pay such costs and expenses necessitated by the seizure of the dog,
including such expenses as may be required for the destruction of
such dog. Said order may be appealed pursuant to Connecticut General
Statutes § 22-358. The penalties set forth herein shall
not be in lieu of or limit the right of any victim to bring a civil
action against the owner or keeper of a vicious dog as provided for
by state statute.[2]
C.
Every owner or keeper of any vicious dog found to be in violation
of this article governing licensing and registration of vicious dogs
shall be fined $50 for the first offense and $250 for each and every
subsequent offense until there is compliance.[3]
D.
Responsibility of parents for ensuring compliance. In the event that
the owner or keeper of the vicious dog is a minor, the parent or guardian
shall be responsible for ensuring compliance with this article.
This article shall not apply to:
[Adopted 2-23-1998]
As used in this article, the following words and terms shall
have the following meanings, unless the context shall indicate another
or different meaning or intent:
A free-roaming domestic cat which is not owned.
Any person or organization harboring, regularly feeding or
having in his or its possession any feral cat. Refusal to permit any
animal control officer to impound a feral cat shall be deemed evidence
of keeping.
The keepers of feral cats in residential or commercial areas
must register, within one year of the adoption of this article, with
the Animal Control Officer for such municipality, who shall provide
information to the registrant regarding the proper care and management
of feral cats.
Keepers shall provide for the vaccination of such cats against
rabies and the sterilization of such cats. Such keeper shall be considered
an eligible owner for purposes of the animal population control program
established under §§ 22-380e to 22-380m, inclusive,
of the Connecticut General Statutes, provided such cats are adopted
from a municipal pound.
No person owning or keeping any cat shall permit such animal
to: 1) substantially damage property other than the property of the
owner or keeper; or 2) cause an unsanitary, dangerous or unreasonably
offensive condition. Violation of this provision shall be an infraction.
A.
The Animal Control Officer may take into custody any cat found to
be damaging property other than property of its owner or keeper or
causing an unsanitary, dangerous or unreasonably offensive condition,
unless such cat can be identified as under the care of its owner or
a registered keeper of feral cats. The officer shall impound such
cat at the pound serving the Town where the cat is taken, unless,
in the opinion of a licensed veterinarian, the cat is so injured or
diseased that it should be destroyed immediately, in which case the
municipal Animal Control Officer may cause the cat to be mercifully
killed by a licensed veterinarian or disposed of as the State Veterinarian
may direct. The municipal Animal Control Officer shall immediately
notify the owner or keeper of any cat so taken, if known, of its impoundment.
If the owner of keeper of any such cat is unknown, the Officer shall
immediately tag or employ such other suitable means of identification
of the cat as may be approved by the Animal Control Officer and shall
promptly cause a description of such cat to be published once in the
lost and found column of a newspaper having a circulation in such
Town.[1]
B.
If such cat is not claimed by and released to the owner within seven
days after the date of publication, the municipal Animal Control Officer,
upon finding such cat to be in satisfactory health, may sell such
cat to any person who satisfies such Officer that he is purchasing
it as a pet and that he can give it a good home and proper care. The
municipal Animal Control Officer may retain possession of such cat
for such additional period of time as he may deem advisable in order
to place such cat as a pet. If, within such period, any cat is not
claimed by and released to the owner or keeper or purchased as a pet,
the Officer shall cause such cat to be mercifully killed by a licensed
veterinarian or disposed of as the State Veterinarian may direct.
No person who so destroys a cat shall be held criminally or civilly
liable therefor.
C.
Any cat captured or impounded under the provisions of Subsection A of this section shall be redeemed by the owner or keeper thereof or the agent of such owner or keeper, upon proper identification and presentation to the municipal Animal Control Officer of a license, tag or other means of identification for such cat, and upon the payment by such owner or keeper or his agent of: 1) the redemption fee, which is $15 or the highest amount permitted by statute, whichever is higher; and 2) the cost of advertising incurred under the provisions of Subsection A of this section. When the owner or keeper of any such impounded cat fails to redeem such cat within 24 hours after receiving notification to do so or, where the owner was unknown, within 24 hours after notification was effected by means of publication in a newspaper, such owner or keeper shall pay, in addition to such redemption fee and the cost of advertising, the amount determined by the Animal Control Officer to be the full cost of detention and care of such impounded cat. In addition, any owner or keeper of any such impounded cat who fails to redeem such cat within 120 hours after receiving notification to do so shall have committed an infraction.
