[Adopted 5-10-1988; amended in its entirety 9-25-2001]
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 of at least 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 person or legal entity other than the owner harboring
or having in his possession any dog, keeping an interest in or having
control or custody of the dog.
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.
A dog which has been declared vicious by the Board of Police Commissioners, or its designee, in accordance with § 15-14.
A.
In the event that the Dog Warden has probable cause to believe that
a dog is vicious, the Board of Police Commissioners or its 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
Board of Police Commissioners or its 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 fewer
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.
The Board of Police Commissioners or its designee may declare a dog
to be vicious if any one of the following criteria is met. Any dog:
[Amended 9-13-2016]
C.
The Board of Police Commissioners or its designee shall not declare
a dog to be vicious based on any of the following criteria:
(1)
If any 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.
(2)
If an injury or damage was sustained by a domestic animal which,
at the time such injury or damage was sustained, was teasing, tormenting,
assaulting or invading the premises occupied by the owner or keeper
of the dog.
(3)
If the dog was protecting or defending the premises occupied by the
owner or keeper of the dog or a human being within the immediate vicinity
of the dog from an unjustified attack or assault.
D.
After the hearing, the Board of Police Commissioners or its designee
shall notify, in writing, the owner or keeper of the dog of its declaration.
If the dog is declared vicious, the Dog Warden shall immediately impound
the dog. In the event that the owner or keeper of the dog refuses
to surrender the dog to the Dog Warden, the Dog Warden may request
a police officer to obtain a search warrant and to seize the dog upon
the execution of the warrant.
After declaring the dog to be vicious, the Board of Police Commissioners
or its designee shall make one of two rulings:
A.
That the dog be destroyed in an expeditious and humane manner after
the expiration of the fourteen-day appeal period. The owner or keeper
shall pay a fine of $99 and such costs and expenses for the seizure
and destruction of the dog; or
[Amended 9-13-2016]
B.
That the destruction of the dog will be postponed so long as: the owner or keeper shall sign a written statement accepting the ruling of the Board of Police Commissioners or its designee and further agreeing to comply with any of the requirements set forth in Subsection B(1) through (8) below as determined by the Board of Police Commissioners or its designee. The owner or keeper represents and agrees that failure to abide by any of the requirements at any time in the future shall trigger a hearing before the Board of Police Commissioners or its designee for the sole purpose of determining whether or not the conditions were complied with. If the conditions were not complied with, the dog may be destroyed in accordance with § 15-15A.
[Amended 9-13-2016]
(1)
The vicious dog must be licensed according to the laws of the City
of Norwalk and the State of Connecticut.
(2)
The owner or keeper shall present to the Town Clerk proof that the
Owner or Keeper has procured liability insurance in the amount of
at least $200,000 covering any damage or injury which may be caused
by such vicious dog, and produce for the Town Clerk a copy of the
policy declaration document identifying the insurance policy and its
terms. Notice of any cancellation, termination or expiration of the
liability insurance policy must be provided to the Town Clerk and
the Board of Police Commissioners within 24 hours of the cancellation,
termination or expiration. The owner or keeper shall maintain and
not voluntarily cancel the liability insurance unless the owner or
keeper shall cease to own or keep the vicious dog. Cancellation of
the insurance policy for failure to pay the insurance premium shall
be considered a voluntary cancellation, and a violation of this section.
(3)
The owner or keeper shall, at his/her own expense, have the licensing number assigned to such vicious dog tattooed upon such vicious dog by a licensed veterinarian. The number shall be noted in the Town Clerk's file for such vicious dog, if it is different from the licensing number when the vicious dog is registered in subsequent years. The tattoo shall be placed at a location to be determined by the Dog Warden. For the purposes of this § 15-15B(3), "tattoo" shall be defined as any permanent numbering of a vicious dog by means of indelible or permanent ink with the number designated by the licensing authority or any other permanent, acceptable method of tattooing.
(4)
The owner or keeper shall display a sign on his/her premises warning
that there is a vicious dog on the premises. Said sign shall be visible
and capable of being read from the street, road or highway, whether
public or private, which abuts said premises.
(5)
The owner or keeper of a vicious dog shall provide a certificate
to the Dog Warden from a licensed veterinarian that the animal has
been spayed or neutered, and the owner or keeper of said vicious dog
shall be responsible for the cost of such spaying or neutering.
(6)
The owner or keeper shall have an enclosure for the vicious dog on
the property where the vicious dog will be kept or maintained. 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 an enclosure.
(7)
It shall be unlawful for an Owner or Keeper 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 the 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 a person or another
animal.
(8)
The owner or keeper shall notify the Town Clerk and the Dog Warden
within 24 hours if a vicious dog is on the loose, is unconfined, has
attacked another animal or has attacked a human being or has died
or has been sold or given away. If the vicious dog has been sold or
given away, the owner or keeper shall also provide the Town Clerk
and Dog Warden with the name, address and telephone number of the
new owner or keeper of the vicious dog.
[Amended 9-13-2016]
The declaration and ruling of the Board of Police Commissioners
or its designee may be appealed to a court of competent jurisdiction
by the owner or keeper within 14 days of receiving the decision. The
vicious dog shall remain impounded pending an appeal. A hearing de
novo shall be conducted without a jury, and the decision of the court
shall be final and conclusive. The appeal shall be in writing and
shall set forth clearly and concisely the reasons for the appeal and
shall be served upon the Board of Police Commissioners or its designee
in the manner prescribed by law for service of civil process.
A.
No person shall own or harbor any dog for the purpose of dog fighting
nor train, torment, badger or bait or use any dog for the purpose
of causing or encouraging said dog to unprovoked attacks upon human
beings or domestic animals.
B.
No person shall possess with intent to sell or offer for sale or
breeding or buy or attempt to buy within the City any vicious dog.
C.
No person shall keep a vicious dog within any portion of any multiple-unit
dwelling. A "multiple-unit dwelling" shall mean any commercial or
residential building consisting of two or more dwelling units. A "dwelling
unit" shall mean any room or rooms designed or used as living quarters
for one family or household.
A.
If any vicious dog shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being or domestic animal, the Dog Warden is empowered to confiscate and, after expiration of a fourteen-day appeal period, shall destroy said vicious dog. In addition, the owner or keeper shall pay such costs and expenses as may be required for the destruction of such vicious dog. The owner or keeper may file an appeal to the Superior Court in accordance with § 15-16. The penalties set forth herein shall not be 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.
[Amended 9-13-2016]
B.
The Dog Warden is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of § 15-15B, inclusive of § 15-15B(1) through (8), § 15-17B and § 15-17C and is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with any of the provisions thereof. The impounded vicious dog shall not be released by the Dog Warden until the owner or keeper complies with all the provisions thereof. Additionally the owner or keeper shall pay a fine of $99 per day for each violation, plus all such costs and expenses necessitated by the seizure of the vicious dog. In the event that the owner or keeper of the vicious dog refuses to surrender the vicious dog to the Dog Warden, the Dog Warden may request a police officer to obtain a search warrant and to seize the vicious dog upon the execution of the warrant.
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:
This article shall take effect upon passage and compliance with
the provisions of the Charter and Code of the City of Norwalk.
