[HISTORY: Adopted by the Town of Wilton as
indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 6-19-2006]
When used in this ordinance, 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:
The dog is off the premises of the owner, and not on a leash,
cord, chain, or other harness.
The owner is at all times fully and clearly within the unobstructed
sight and hearing of the dog, that the dog is obedient to the owner's
visual and/or voice commands, and that the owner has with him at all
times a visible leash, cord, chain, or other harness.
Any member of the canine species, male, female, neutered
male or spayed female.
Any person or persons, firm, association, partnership, LLC
or corporation having temporary or permanent custody of, sheltering
or having charge of, harboring, exercising control over, or having
property rights to a dog, or in the case of a person under the age
of 18, the person's parent or legal guardian. A dog shall be deemed
to be harbored if it is fed or sheltered for three or more consecutive
days.
[Amended 1-20-2009; 7-6-2010]
A.
It shall
be unlawful for dogs to run at large in the Wilton Center Zone, Schenck’s
Island, all public sidewalks and roadways, the Town Hall Complex,
the Gilbert and Bennett School properties, Allen’s Meadow, all
properties owned or operated by the Board of Education, and from March
1 to Thanksgiving Day at all playing fields operated or maintained
by the Parks and Recreation Department. This includes Merwin Meadows
Park and the walking trails between Merwin Meadows Park and School
Road and the walking trail between Merwin Meadows Park and the Old
Post Office Square. Within Merwin Meadows Park, dogs on leashes are
allowed only on the cinder trail that traverses the park. It shall
also be unlawful for dogs to run at large at any public event or gathering
of any kind, anywhere in Town.
The provisions of this ordinance shall not apply
to dogs owned or controlled by government law enforcement agencies
or organized Fire Department personnel or persons authorized by said
agencies or departments to engage in search and rescue activity or
training for any such activity.
Violations of this ordinance shall be punishable
by fine. The fine shall be in an amount of $50 for each violation.
If said fine is not paid within 30 days of issuance or, if a hearing
is requested, within 30 days of a decision sustaining the violation,
then the amount of the fine shall be doubled.
The provisions of this ordinance are designated
for enforcement in accordance with Sections 7-148 and 7-152c of the
Connecticut General Statutes as amended. The Town of Wilton may institute
civil proceedings to enforce the provisions herein contained.
Pursuant to the provisions of Section 7-152c
of the Connecticut General Statutes, as amended, the Town of Wilton
hereby adopts the provisions authorized by Section 7-152c and establishes
a hearing procedure as follows:
A.
Hearing officers. The First Selectmen shall appoint
one or more Hearing Officers. No person who serves as a police officer,
member of the Police Commission, employee of the Police Department
or person who issues citations shall serve as a Hearing Officer.
B.
Notice of citation. The municipality, acting by the
First Selectmen or the First Selectman's designee, shall, at any time
within 12 months from the expiration of the final period for uncontested
payment of a fine, penalty, cost or fee for any citation issued under
this ordinance, send notice to the person cited. Such notice shall
contain the following information:
(1)
The allegations against the person cited, together
with the amount of the fines, penalties, costs, or fees due.
(2)
The fact that the person may contest his or her liability
before a Hearing Officer by delivery in person or by mail of a written
notice within 10 days from the date of the notice.
(3)
That if a hearing is not demanded, an assessment and
judgment shall be entered against the person cited.
(4)
Any such judgment may issue without further notice.
C.
If an individual cited wishes to admit liability for
any alleged violation, he may, without requesting a hearing, pay the
full amount of the fines, penalties, costs and fees admitted to, in
person or by mail, to an official designated by the First Selectman.
Such payment shall be inadmissible in any proceeding, civil or criminal,
to establish the conduct of such person or other person making the
payment.
D.
Any person who does not deliver or mail written demand
for a hearing within 10 days of the date of the first notice 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 the applicable ordinances.
E.
Any person who requests a hearing within the time
specified in this ordinance shall be given written notice of the date,
time and place for the hearing. Such hearing shall be held not less
than 15 nor more than 30 days from the date of the mailing of the
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 shall be filed and retained by the municipality. The
notice shall be deemed to be a business record within the scope of
Section 52-180 of the Connecticut General Statutes and evidence of
the facts contained therein. The presence of the issuing official
or police officer shall be required at the hearing if the accused
so requests. A person wishing to contest his or her liability shall
appear at the hearing and may present evidence on his or her own behalf.
A designated municipal official, other than the Hearing Officer, may
present evidence on behalf of the municipality. Any person who fails
to appear may be defaulted and have an assessment by default entered
against him or her upon a finding of proper notice and liability under
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 or she 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 or her decision at the end of the hearing. If the
Hearing Officer determines that the person is not liable, he or she
shall dismiss the matter and enter the determination in writing. If
the Hearing Officer determines that the person is liable for the violation,
he or she shall enter and assess the fines, penalties, costs or fees
against such person.
F.
Notice of assessment. If the assessment is not paid
on the date of its entry, the Hearing Officer shall send by first
class mail a notice 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 assessment with the Clerk of the Superior
Court facility designated by the Chief Court Administrator within
the boundaries of the Judicial District in which the municipality
is located, together with an entry fee of $8. A certified copy of
the notice of assessment shall constitute a record of assessment.
Within such twelve-month period assessment 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 municipality. Notwithstanding any other provision of the Connecticut
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 be made without further notice
to such person.
G.
Appeal. There shall exist a right of appeal in favor
of any person against whom an assessment has been entered pursuant
to the provisions of this ordinance. 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 of the Connecticut General Statutes in the Superior
Court designated by the Chief Court Administrator, which shall entitle
such person to a hearing in accordance with the rules of the Judges
of the Superior Court.
[Adopted by the Board of Selectmen 6-19-2006]
The purpose of this ordinance is to educate
the public and promote public health and welfare relating to the removal
of dog waste from public property or the private property of another,
as defined herein.
When used in this ordinance, 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:
Any member of the canine species, male, female, neutered
male or spayed female.
Any person or persons, firm, association, partnership, LLC
or corporation having temporary or permanent custody of, sheltering
or having charge of, harboring, exercising control over, or having
property rights to a dog, or in the case of a person under the age
of 18, the person's parent or legal guardian. A dog shall be deemed
to be harbored if it is fed or sheltered for three or more consecutive
days.
Property of any person or persons, firm, association, partnership,
LLC or corporation, other than property of the owner or of the owner's
family.
Town-owned parks, recreation areas, playing fields, school
grounds, sidewalks, easements, rights-of-way, and the traveled portion
of public streets and roads.
If any dog shall defecate upon any public property,
or the private property of another, the owner of said dog shall immediately
remove or cause to be removed from the property all feces deposited
by said dog. If such feces are not removed, then the owner of said
dog shall be deemed in violation of this ordinance.
Violations of this ordinance shall be punishable
by fine. The fine shall be in an amount of $50 for each violation.
If said fine is not paid within 30 days of issuance or, if a hearing
is requested, within 30 days of a decision sustaining the violation,
then the amount of the fine shall be doubled.
The provisions of this ordinance do not apply
to a guide dog when walked by an unaccompanied blind person.
The provisions of this ordinance are designated
for enforcement in accordance with Sections 7-148 and 7-152c of the
Connecticut General Statutes as amended. The Town of Wilton may institute
civil proceedings to enforce the provisions herein contained.
Pursuant to the provisions of Section 7-152c
of the Connecticut General Statutes, as amended, the Town of Wilton
hereby adopts the provisions authorized by Section 7-152c and establishes
a hearing procedure as follows:
A.
Hearing Officers. The First Selectmen shall appoint
one or more Hearing Officers. No person who serves as a police officer,
member of the Police Commission, employee of the Police Department
or person who issues citations shall serve as a Hearing Officer.
B.
Notice of citation. The municipality, acting by the
First Selectmen or the First Selectman's designee, shall, at any time
within 12 months from the expiration of the final period for uncontested
payment of a fine, penalty, cost or fee for any citation issued under
this Ordinance, send notice to the person cited. Such notice shall
contain the following information:
(1)
The allegations against the person cited, together
with the amount of the fines, penalties, costs, or fees due.
(2)
The fact that the person may contest his or her liability
before a Hearing Officer by delivery in person or by mail of a written
notice within 10 days from the date of the notice.
(3)
That if a hearing is not demanded, an assessment and
judgment shall be entered against the person cited.
(4)
Any such judgment may issue without further notice.
C.
If an individual cited wishes to admit liability for
any alleged violation, he may, without requesting a hearing, pay the
full amount of the fines, penalties, costs and fees admitted to, in
person or by mail, to an official designated by the First Selectman.
Such payment shall be inadmissible in any proceeding, civil or criminal,
to establish the conduct of such person or other person making the
payment.
D.
Any person who does not deliver or mail written demand
for a hearing within 10 days of the date of the first notice, 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 the applicable ordinances.
E.
Any person who requests a hearing within the time
specified in this ordinance shall be given written notice of the date,
time and place for the hearing. Such hearing shall be held not less
than 15 nor more than 30 days from the date of the mailing of the
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 shall be filed and retained by the municipality. The notice
shall be deemed to be a business record within the scope of Section
52-180 of the Connecticut General Statutes and evidence of the facts
contained therein. The presence of the issuing official or police
officer shall be required at the hearing if the accused so requests.
A person wishing to contest his or her liability shall appear at the
hearing and may present evidence on his or her own behalf. A designated
municipal official, other than the Hearing Officer, may present evidence
on behalf of the municipality. Any person who fails to appear may
be defaulted and have an assessment by default entered against him
or her upon a finding of proper notice and liability under 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 or she 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 or her decision at the end of the hearing. If the
Hearing Officer determines that the person is not liable, he or she
shall dismiss the matter and enter the determination in writing. If
the Hearing Officer determines that the person is liable for the violation,
he or she shall enter and assess the fines, penalties, costs or fees
against such person.
F.
Notice of assessment. If the assessment is not paid
on the date of its entry, the Hearing Officer shall send by first
class mail a notice 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 assessment with the Clerk of the Superior
Court facility designated by the Chief Court Administrator within
the boundaries of the Judicial District in which the municipality
is located, together with an entry fee of $8. A certified copy of
the notice of assessment shall constitute a record of assessment.
Within such twelve-month period assessment 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 municipality. Notwithstanding any other provision of the Connecticut
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 be made without further notice
to such person.
G.
Appeal. There shall exist a right of appeal in favor
of any person against whom an assessment has been entered pursuant
to the provisions of this ordinance. 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 of the Connecticut General Statutes in the Superior
Court designated by the Chief Court Administrator, which shall entitle
such person to a hearing in accordance with the rules of the Judges
of the Superior Court.
