The purposes of this chapter are to promote
the public health, safety, and general welfare of the citizens of
the Town by addressing the public nuisance caused by vicious and dangerous
animals and to ensure that all animals receive adequate care. This
chapter is intended to supplement and not supplant the provisions
contained in Connecticut 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.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Any individual 18 years of age or older.
Any nonhuman animate being which is endowed with the power
of voluntary motion, including fish and fowl.
An employee or agent of the Town to enforce the licensing,
inspection and enforcement requirements contained within this chapter
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 Town and shall also include
any 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 the animal.
A tract of land containing two acres or more, used in part
or wholly for agricultural purposes for profit, which may include
the raising and keeping of domestic or other animals.
A dog trained to attack or apprehend on command to protect
persons or property.
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 an animal 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 chapter.
Any animal 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 animal
that:
Is repeatedly found running at large;
Is in any section of any park or open space
land where animals are not permitted, except at Town-designated dog
parks, or where permitted, is not on a leash or otherwise under the
control of its owner or keeper;
Damages or defiles any property other than that
of the owner, unless the owner or keeper immediately picks up after
the animal;
Barks, whines, howls or makes any noise natural
to its species in an excessive or continuous fashion so as to disturb
the peace, except where such activity occurs on a farm;
Is in heat and is not confined or under the
owner's or keeper's control 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 animal'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;
or
Attacks another animal off the property of the
owner or keeper of the attacking animal.
An animal is secured by a leash or is otherwise 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.
An animal that has attacked, bitten, or physically injured
human beings without adequate provocation. Any animal 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
himself peacefully and lawfully shall be prima facie presumed vicious
or dangerous. No animal 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 animal or was teasing, tormenting,
abusing or assaulting the animal or was committing or attempting to
commit a crime. No animal may be declared vicious if the animal was
protecting or defending a human being within the immediate vicinity
of the animal from an unjustified attack or assault.
It shall be unlawful for any person to keep
any animal on any property located within the Town when the keeping
of such animal constitutes a public nuisance or menace to public health
or safety.
Every owner shall provide his animals with sufficient
good and wholesome food and water, proper shelter and protection from
the weather; veterinary care when needed to prevent suffering; humane
care and treatment; and maintain them in a secure enclosure.
As part of any order issued in writing and by
certified mail, pursuant to this chapter, the Animal Control Officer
shall have the authority to order the following administrative sanctions
and remedies if there is no compliance after seven days from the date
of issue:
A.
Obedience training for the animal in question;
B.
Muzzling of a dog or animal while off the property
of the owner;
C.
Confinement of an animal indoors, unless the animal
is under the direct control of a responsible adult;
D.
Confinement of an animal 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 keeper in cases of neglect or cruelty;
G.
The sterilization of an animal;
H.
A ban on maintaining other animals in the Town;
I.
The euthanizing of an animal; and
J.
Any other measure or sanction designed to eliminate
a violation, prevent future violations, or protect the health and
safety of the public.
The Animal Control Officer or his designees
shall be the enforcement officials for this chapter. These officials,
along with police officers, shall have the authority to act on behalf
of the Town in investigating complaints, impounding and destroying
animals, issuing citations, and taking other lawful actions as required
to enforce the provisions of this chapter. The Animal Control Officer
shall fully investigate all complaints made pursuant to this chapter
and shall take all statements under oath. The owner or keeper of such
animal shall be given an opportunity to make a statement under oath.
It shall be a violation of this chapter to interfere with any Animal
Control Officer or other enforcement official in the performance of
his duties.
A.
It shall be a violation of this chapter to:
(1)
Fail to comply with any provision of this chapter;
(2)
Fail to pay any fines, civil penalties or costs imposed
by the Animal Control Officer within 15 days of the imposition of
such fines or costs, unless payment thereof is lawfully stayed; or
(3)
Make any false statements, under oath, with respect
to this chapter.
B.
Any person who fails to comply with a written citation
issued by the Animal Control Officer or his designee within seven
days shall be deemed guilty of a municipal infraction and shall be
subject to a fine of $100. If a violation continues after such written
notice, each day's violation shall be deemed to be a separate
offense.
Any provision of this chapter may be appealed
to the Town manager within 30 days of the issuance of the citation.
The citation holder can appeal the decision of the Town manager to
the superior court.
