[HISTORY: Adopted by the Town Council of
the Town of Farmington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-26-1993]
The purpose of this article is to regulate the
keeping of dogs and prohibit the roaming at large of dogs and other
animals in the streets and public places of the Town and to prevent
cruelty to dogs and other animals, pursuant to C.G.S. Section 7-148(c)(7)(D)(i)
and (ii), and to prescribe penalties and enforcement procedures for
violation of local and state regulations pertaining to dogs and other
animals as set forth in C.G.S. Article 435, as amended, C.G.S. Secs.
7-152c and 7-148(c) (10) and this article.
It shall be a violation of this article for
any owner or keeper of a dog:
A.
To allow such dog to roam at large upon the land of
another and not under control of the owner or keeper or the agent
of the owner or keeper, or to allow such dog to roam at large on any
portion of any public highway and not attended by and under control
of such owner or keeper or his agent; the unauthorized presence of
any dog on the land of any person other than the owner or keeper of
such dog or on any portion of a public highway, when such dog is not
attended by and under the control of such owner or keeper, shall be
prima facie evidence of a violation of the provisions of this article.
B.
To obstruct or attempt to obstruct the canine control
officer or warden engaged in the discharge of such person's duties.
C.
To perpetrate any act of cruelty upon any dog or other
animal.
D.
Not to have a tag or plate on a collar around the
neck or on a harness on the body of such dog.
E.
Not to have complied with any order or regulation
relating to rabies applicable to such dog.
F.
To abandon or neglect or cruelly treat any such dog.
G.
Not to have such dog licensed in the Town Clerk's
office as required by state law.
H.
To allow such dog to inflict damage or harm to human
beings, domestic animals or property.
I.
To allow such dog to go on a highway and growl, snap,
bite or otherwise annoy any person or domestic animal lawfully using
such highway or chase or interfere with any motor vehicle so using
such highway.
J.
To permit such dog to become a nuisance by reason
of vicious disposition or excessive barking or any other disturbance
or by permitting such barking or other disturbance when such is a
source of annoyance to any sick person residing in the immediate vicinity.
K.
To crop or cut or cause to be cropped or cut off the
whole or any part of the ear of a dog unless such person is a registered
veterinarian surgeon.
L.
Not to clean up or dispose of immediately any feces
or other waste matter discharged by a dog on public property, including
highways and sidewalks, or on any private property not owned or controlled
by the owner, agent or keeper of the dog.
Any person violating any of the above provisions
shall be fined not less than $25 nor more than $100. The Town canine
control officer or warden shall issue citations for violations of
any provisions set forth above. All moneys received shall be remitted
to the Office of the Tax Collector.
A.
The Town Manager shall appoint one or more citation
hearing officers, who shall be other than police officers or employees
or persons who issue citations, to conduct the hearings authorized
by this section.
B.
Within 12 months from the expiration of the final
period for the uncontested payment of fines, penalties, costs or fees
for any citation issued under this article, the Town shall send notice
to the owner or keeper of the dog. Such notice shall inform said owner
or keeper of the following:
(1)
The allegations against said owner or keeper and the
amount of the fines, penalties, costs or fees due.
(2)
That said owner or keeper may contest his liability
before a citation hearing officer by delivering in person or by mail
written notice within 10 days of the date of the notice.
(3)
That if the owner or keeper does not demand such a
hearing, an assessment and judgment shall be entered against said
person.
(4)
That such judgment may issue without further notice.
C.
If the owner or keeper who is sent notice pursuant to Subsection B above wishes to admit liability for any alleged violation, said person may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to an official designated by the Town. Any owner or keeper who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided in Subsection B above shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by law and shall follow the procedures set forth below.
D.
Any owner or keeper 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 the notice, provided that 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
Town official shall be filed and retained by the Town. The presence
of the issuing official shall be required at the hearing if such owner
or keeper so requests. An owner or keeper wishing to contest his/her
liability shall appear at the hearing and may present evidence in
his/her behalf. A designated Town official, other than the hearing
officer, may present evidence on behalf of the Town. If such owner
or keeper fails to appear, the hearing officer may enter an assessment
by default against him/her upon a finding of proper notice and liability.
The hearing officer may accept from such owner or keeper 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 not necessary. The hearing officer shall conduct the
hearing in the order and form and with such methods of proof as the
hearing officer 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 the hearing officer
determines that the owner or keeper is not liable, the hearing officer
shall dismiss the matter and enter his determination in writing accordingly.
If the hearing officer determines that the person is liable for the
violation, the hearing officer shall forthwith enter and assess the
fines, penalties, costs or fees against such owner or, keeper as provided
by this article and applicable law.
E.
If any assessment entered by the hearing officer 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 Hartford/New Britain judicial
district, 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, multiple assessments against the
same person may be accrued and filed as one record of assessment.
The Clerk of the Superior Court shall enter judgment in the amount
of such record of assessment and court costs of $8 against such person
in favor of the Town. 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 of such judgment may issue without further notice
to such person.
F.
The owner or keeper against whom an assessment has
been entered pursuant to this article 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
for a small claims case pursuant to C.G.S. Section 52-259 in the Superior
Court for the geographical area in which the Town is located, which
shall entitle said owner or keeper to a hearing in accordance with
the rules of the judges of the superior court.
The Town of Farmington, under its powers pursuant to state law,
has adopted this article to protect public health, safety, and welfare
by prohibiting the intentional feeding of wildlife. This article is
intended to assist our residents, guests, and other stakeholders to
coexist with wildlife peacefully and safely.
When used in this article, the following terms shall have the
meanings indicated:
All sworn personnel of the Police Department and animal control
officers. Additionally, any employees or designees of the Town as
designated by the Town Manager to enforce this article.
Person shall be construed to mean and include an individual,
a corporation, a partnership, a nonprofit, a trust, an unincorporated
organization, business organization of any kind or any other group
or organization.
Town means the Town of Farmington.
Wildlife includes, but is not limited to, nondomesticated
animals that due to intentional feeding have been determined to be
a nuisance or threat to public health, safety, and welfare such as
bears, deer, coyotes, bobcats, fishers, turkeys, and wild birds. Wildlife
does not include livestock used for agricultural purposes.
In recognition that these animals are wild and should be left
alone for the health, safety, and welfare of both the wildlife and
our residents, guests, and other stakeholders, the following is prohibited
activity:
A.
Intentional feeding of wildlife. Feeding, giving, placing, exposing,
depositing, distributing, or scattering any edible material, attractant,
or other substance with the intention of feeding, attracting, or enticing
wildlife.
B.
Feeding birds. Bird feeders may not be used from April 1st through November 30th, unless the source is recognized as not being desirable to bears,
such as but not limited to Nyjer or thistle.
C.
Improperly storing food, refuse, or other wildlife attractants. Improperly
storing food, pet food, refuse (garbage), or other attractants and
substances in a manner that result in wildlife feedings.
A.
Unintentional feeding of wildlife. Unintentional feeding of wildlife
means using or placing any material for a purpose other than to intentionally
attract, entice, or feed wildlife but which results in unintentionally
attracting, enticing, or feeding of wildlife. Composting that was
properly secured but unintentionally led to the feeding of wildlife
is excluded.
(1)
Unintentional feeding will become intentional feeding if a written
notice is issued by an authorized enforcement agency and ignored.
B.
Feeding birds. Bird feeders may be used from December 1st through March 31st.
(1)
If the source is recognized as not desirable to bears, such as, but
not limited to, Nyjer or thistle, bird feeders may be used year-round.
C.
Permitted activity. This article does not apply to any person with
a valid permit issued by the state of Connecticut, Department of Energy
and Environmental Protection.
D.
Wildlife rehabilitation. Any person providing care to wildlife for
the purpose of an animal's rehabilitation due to illness or injury,
as part of a recognized for-profit or nonprofit entity providing for
such care of wildlife.
Whenever the authorized enforcement agency determines that a
person has violated any of the above provisions, the authorized enforcement
agency is authorized to issue a fine in the amount of one hundred
dollars ($100.00) for each offense. Any violation continued more than
one (1) day shall constitute a separate offense for each day such
violation continues. All monies received shall be remitted to the
office of the Tax Collector.
The hearing procedure for any citations issued for violations of the above article shall be the procedures set forth in Chapter 91 of the Code of the Town of Farmington.
