[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 10-1-1979, 9-9-1985 and 11-10-1986.
[Ord. of 9-8-1997, § 4.21]
The purposes of this article are to promote the public health,
safety, and general welfare of the citizens of the City of Milford
by addressing the public nuisance caused by vicious and dangerous
dogs and to ensure that all animals receive adequate care. This article
is intended to supplement and not supplant the provisions contained
in General Statutes §§ 22-339 et seq. regarding domestic
animals. The Animal Control Officer shall have the discretion as to
whether to proceed pursuant to state or local law.
[Ord. of 9-8-1997, § 4.22]
When used in this article, the following words, terms, and phrases,
and their derivations shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
An employee or agent of the City to administer and enforce
the licensing, inspection and enforcement requirements contained within
this article and state statutes.
Any nuisance arising out of the keeping, maintaining or owning
of, or failure to exercise sufficient control of, an animal.
Any facility operated by the City and shall also include
any private facility authorized by the Animal Control Officer or his
designee to impound, confine, detain, care for or destroy any animal.
That an animal is off the premises of the owner, and not
on a leash or otherwise under the immediate control of a person capable
of restraining the animal.
Adoption, sale, quarantine, voluntary or involuntary placement
or euthanasia humanely administered to an animal.
A dog trained or antagonized to attack or apprehend on command
or to protect persons or property.
A person designated by the Animal Shelter Commission to administer
hearings provided for when citations are issued by the Animal Control
Officer.
The taking into custody of an animal by an animal control
officer, or any authorized representative thereof.
A device constructed of strong, soft material designed to
fasten over the mouth of a dog to prevent it from biting any person
or other animal.
Any person having temporary or permanent custody of, sheltering
or having charge of, harboring, exercising control over, or keeping
or having property rights to, any animal covered by this article.
Any dog that endangers the life or health of persons or other
animals, or substantially interferes with the rights of citizens,
other than their owners, to enjoyment of life or property. The term
"public nuisance" shall include but not be limited to any dog that:
Is repeatedly found running at large;
Is in any section of any public recreation area where dogs are permitted pursuant to Section 16-2 of the Milford Code of Ordinances unless the dog is controlled by a leash or similar physical restraint;
Damages, soils, defiles or defecates on any property other than that of its owner; (See also Milford Code of Ordinances Section 9-9 for pooper scooper provisions and penalties.)
Makes disturbing noises, including but not limited to, continued
and repeated howling, barking or whining, which causes unreasonable
annoyance, disturbance, or discomfort to neighbors or others in close
proximity to the premises where the dog is kept or harbored;
Is in heat and is not confined so as to prevent attraction or
contact with other animals;
Whether or not on the property of its owner, that without provocation,
molests, attacks, or otherwise unreasonably interferes with the freedom
of movement of persons in a public right-of-way or on private property
other than that of the dog's owner;
Chases motor vehicles in a public right-of-way;
Is offensive or dangerous to the public health, safety or welfare
by virtue of the number of animals maintained at a single residence
and the inadequacy of the facilities and care.
That a dog is secured by a leash and under the control of
an individual who is mentally and physically capable of restraining
the animal and obedient to that person's commands, or securely
enclosed (e.g. appropriate fence) within the real property limits
of the owner's premises.
A dog that has attacked, bitten, or physically injured human
beings without adequate provocation. Any dog that without provocation
has bitten or attacked a human being or has behaved so as to impose
a threat of imminent bodily harm to a person conducting him/herself
peacefully and lawfully shall be prima facie presumed vicious or dangerous.
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 the dog was protecting or
defending a human being within the immediate vicinity of the dog from
an unjustified attack or assault.
[Ord. of 9-8-1997, § 4.23]
It shall be unlawful for any person to keep any animal on any property located within the City when the keeping of such animal constitutes a public nuisance or menace to public health or safety. (See also Milford Code of Ordinances Section 9-9).
[Ord. of 9-8-1997, § 4.24]
It shall be unlawful for any person to keep dogs, cats or other
animals within the City if he or she fails to maintain adequate facilities
and humane care.
[Ord. of 9-8-1997, § 4.25]
(a)
It shall be unlawful for the owner or keeper of any dog to fail to
keep the dogs under restraint or to permit dogs to run at large upon
the streets and public ways of the City or upon property other than
that of the owner or keeper.
(b)
No owner, keeper or custodian of any dog shall fail to exercise proper
care and control of such dog to prevent the same from becoming a public
nuisance.
[Ord. of 9-8-1997, § 4.26]
(a)
Every owner of a guard or attack dog shall keep such dog confined
in a building, compartment or other enclosure. Any such enclosure
shall be completely surrounded by a chain link fence at least six
feet in height and shall be topped with an anti-climbing device consisting
of chain links or other material approved by the Animal Control Officer.
(b)
The areas of confinement shall all have gates and entrances thereto
securely closed and locked, and all fences properly maintained and
escape proof.
(c)
When outside the enclosure on the owner's or keeper's property,
all guard and attack dogs shall be under the direct and immediate
control of a responsible adult who can fully control the dog at all
times.
(d)
When off the property of the owner or keeper, all guard and attack
dogs shall be under restraint of a responsible adult at all times.
(e)
The provisions of this section shall not apply to dogs owned or controlled
by government law enforcement agencies.
[Ord. of 9-8-1997, § 4.27]
Every dog established to be vicious or dangerous shall be confined by its owner or authorized agent of its owner within a building or secure enclosure as set forth in Section 4-26 above and, whenever outside the building or secure enclosure, shall be securely muzzled and restrained by a responsible adult with a chain having a minimum tensile strength of 300 pounds and not more than six feet in length, or caged. Every person harboring a dog established to be vicious or dangerous is charged with an affirmative duty to confine the dog in such a way that children do not have access to such dog.
[Ord. of 9-8-1997, § 4.28]
(a)
In addition to any other remedies provided in this article and under
state law, an animal control officer may seize, impound and humanely
confine to an animal shelter or hospital any of the following:
(1)
Any dog without a valid license tag;
(2)
Any dog at large;
(3)
Any dog constituting a public nuisance or considered a danger to
the public;
(4)
Any dog that is in violation of any quarantine or confinement order
of the City's Animal Control Officer;
(5)
Any unattended animal that is ill, injured or otherwise in need of
care;
(6)
Any animal that is reasonably believed to have been abused or neglected;
(7)
Any animal that is reasonably suspected of having rabies;
(8)
Any dog which an Animal Control Officer, the Animal Shelter Commission,
or the police has established is a threat to public health and safety.
(9)
Any dog that an agency or court of competent jurisdiction has ordered
impounded or destroyed;
(10)
Any dog that is considered unattended or abandoned, such as
in situations where the owner is deceased or has been arrested.
(b)
An animal control officer may also, or in lieu of impoundment, issue
to the owner a citation. Such citation shall impose upon the owner
a penalty of $90 that shall be paid to the City of Milford within
10 days in full satisfaction of the assessed penalty. Such citation
shall inform the person cited, in accordance with § 7-152c
of the Connecticut General Statutes:
(1)
Of the allegations against him and the amount of the fines, penalties,
costs or fees due;
(2)
That he may contest his liability before the Animal Shelter Commission
by delivering in person or by mail written notice within 10 days of
the date thereof;
(3)
That if he does not demand such a hearing, an assessment and judgment
shall be entered against him; and
(4)
That such judgment may issue without further notice.
(c)
If the person who is sent notice pursuant to Subsection (b) of this section wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to the Animal Control Officer, made payable to the City of Milford. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in Subsection (b) of this section shall be deemed to have admitted liability, and the Animal Control Officer shall certify such person's failure to respond to the Animal Shelter Commission. The Animal Shelter Commission shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Subsection (e) of this section.
(d)
Any person who requests a hearing shall be given written notice of
the date, time and place for the hearing. Such hearing shall be held
not less than 15 days nor more than 30 days from the date of the mailing
of notice, provided the hearing officer shall grant upon good cause
shown any reasonable request by any interested party for postponement
or continuance. An original or certified copy of the initial notice
of violation issued by the issuing official shall be filed and retained
by the municipality, and shall be deemed to be a business record within
the scope of Section 52-180 and evidence of the facts contained therein.
The presence of the issuing official shall be required at the hearing
if such person so requests. A person wishing to contest his liability
shall appear at the hearing and may present evidence in his behalf.
A designated municipal official, other than the hearing officer, may
present evidence on behalf of the municipality. If such person fails
to appear, the hearing officer may enter an assessment by default
against him upon a finding of proper notice and liability under the
applicable statutes or ordinances. The hearing officer may accept
from such person copies of police reports, investigatory and citation
reports, and other official documents by mail and may determine thereby
that the appearance of such person is unnecessary. The hearing officer
shall conduct the hearing in the order and form and with such methods
of proof as he deems fair and appropriate. The rules regarding the
admissibility of evidence shall not be strictly applied, but all testimony
shall be given under oath or affirmation. The hearing officer shall
announce his decision at the end of the hearing. If he determines
that the person is not liable, he shall dismiss the matter and enter
his determination in writing accordingly. If he determines that the
person is liable for the violation, he shall forthwith enter and assess
the fines, penalties, costs or fees against such person as provided
by the applicable ordinances.
(e)
If such assessment is not paid on the date of its entry, the hearing
officer shall send by first class mail a notice of the assessment
to the person found liable and shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of the superior court for the geographical
area in which the municipality is located together with an entry fee
of $8. The certified copy of the notice of assessment shall constitute
a record of assessment. Within such twelve-month period, assessments
against the same person may be accrued and filed as one record of
assessment. The Clerk shall enter judgment, in the amount of such
record of assessment and court costs of $8, against such person in
favor of the municipality. Notwithstanding any other provision of
the general statutes, the hearing officer's assessment, when
so entered as a judgment, shall have the effect of a civil money judgment
and a levy of execution on such judgment may issue without further
notice to such person.
(f)
A person against whom an assessment has been entered pursuant to
this section is entitled to judicial review by way of appeal. An appeal
shall be instituted within 30 days of the mailing of notice of such
assessment by filing a petition to reopen assessment, together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to Section 52-259, in the superior court for the geographical
area in which the municipality is located, which shall entitle such
person to a hearing in accordance with the rules of the judges of
the superior court.
[Ord. of 9-8-1997, § 4.29]
Every owner of a dog which has been established to be vicious
or dangerous shall be subject to the following requirements:
(a)
Proof that the owner has procured liability insurance in an aggregate
amount of not less than $50,000 for damage or injury to persons or
property naming the City of Milford as additional insured for notification
of cancellation or termination purposes only. Policy cancellation
shall constitute a violation of this article and subject the owner
to the penalties provided herein.
(b)
The owner or keeper shall display a sign on the premises warning
that there is a vicious or dangerous or guard or attack dog on the
premises. The sign shall be visible and capable of being read from
the street, road or highway, whether public or private, which abuts
the premises.
[Ord. of 9-8-1997, § 4.30]
(a)
Upon impoundment of an animal, the Department of Animal Control shall
within 24 hours attempt to notify the owner by telephone. If the owner
is unknown, the Department shall advertise for one day in the lost
and found column of a newspaper having a circulation in Milford describing
the animal, impounding number and the phone number of the shelter.
(b)
An owner reclaiming an impounded animal shall pay a fee of $15 for
each day the animal has been impounded, plus any advertising costs.
(c)
It shall be the duty of the Animal Control Officer to keep all impounded
dogs for a period of seven days from the date of notice to the owner
or publication of notice. Any animal not claimed by and released to
its owner within seven days after publication or notice shall become
the property of the City and shall be placed for adoption in a suitable
home or euthanized in a manner prescribed by the local humane society.
[Ord. of 9-8-1997, § 4.31]
As part of any order issued pursuant to this article, the Animal
Control Officer shall have the authority to order the following administrative
sanctions and remedies:
(a)
Obedience training for the dog(s) in question;
(b)
Muzzling of a dog while off the property of the owner;
(c)
Confinement of an animal indoors;
(d)
Confinement of a dog in a secure enclosure;
(e)
Reduction of the number of animals kept at any one location;
(f)
Removal of an animal from the custody of the animal's owner
or custodian in cases of neglect or cruelty;
(g)
The sterilization of an animal;
(h)
A ban on maintaining other animals in the City; and
(i)
Any other measure or sanction designed to eliminate a violation,
prevent future violations, or protect the health and safety of the
public.
[Ord. of 9-8-1997, § 4.32]
Any person aggrieved by any decision or order of an Animal Control
Officer or other enforcement officer pursuant to this article may
appeal the same to the Animal Shelter Commission by filing an appeal
with the Commission within five days of receiving notice of the decision
or order of the Animal Control Officer. The Animal Shelter Commission
shall hold a hearing within 30 days of receipt by the owner of the
notice of appeal of the Animal Control Officer's decision or
order. At such hearing the Commission shall determine de novo whether
to uphold the decision or order of the enforcement officer based upon
the evidence and testimony presented at the time of the hearing by
the owner, witnesses to any incident(s) which may be considered relevant,
animal control personnel, police or any other person possessing pertinent
information. The Animal Shelter Commission shall issue a written decision
within 30 days of the hearing.
[Ord. of 9-8-1997, § 4.33]
Animal Control Officers or their designees shall be the enforcement
officials for this article. These officials, along with police officers,
shall have the authority to act on behalf of the City in investigating
complaints, impounding and destroying animals, issuing citations,
and taking other lawful actions as required to enforce the provisions
of this article. It shall be a violation of this article to interfere
with any Animal Control Officer or other enforcement official in the
performance of his duties.
[Ord. of 9-8-1997, § 4.34]
(a)
It shall be a violation of the article to:
(1)
Fail to comply with any provision of this article;
(2)
Fail to comply with any lawful order of the Animal Shelter Commission,
an animal control officer, or police officer unless such order is
lawfully stayed or reversed; or
(3)
Fail to pay any fines, civil penalties or costs imposed by the Animal
Shelter Commission or animal control officer within 15 days of the
imposition of such fines or costs, unless payment thereof is lawfully
stayed.
(b)
Any person who violates any provision of this article shall be deemed
guilty of a municipal infraction and shall be punished by a fine of
not less than $35 nor more than $90 as set from time to time by the
Animal Shelter Commission. If a violation continues, each day's
violation shall be deemed a separate offense.
[Ord. of 9-8-1997, § 4.35]
All other ordinances of the City of Milford that are in conflict
with this article are hereby repealed to the extent of such conflict.
