No person shall keep or maintain horses, cattle,
swine, goats, fowl, pigeons, nor any other animals or fowl, in such
a manner as may, in the opinion of the Director of Health, constitute
a threat to public health.
It shall be unlawful for any person to keep
any dog or other animal which habitually makes such noise at night
as to disturb persons residing in the neighborhood thereof.
[Amended 4-20-2010; effective 5-7-2010]
A. All fowl
or poultry kept within the limits of the Town must be penned and not
allowed to run at large or onto premises other than those belonging
to or occupied by the party owning or keeping such fowl or poultry.
B. No owner,
keeper or custodian of any horse, pony, ass, mule, cattle, sheep,
goat, swine, fowl or poultry, or other livestock animal, excluding
dogs (which are covered by state statute) and cats, shall abandon
such animal or allow such animal to roam at large upon the land of
another and not under the control of the owner, keeper or custodian,
or allow such animal to roam at large on any public highway, private
way or common drive not attended or under the control of such owner,
keeper or custodian.
C. Any person
who violates any provision of this section shall be fined no less
than $75 per animal or occurrence and no more than $250 per animal
or occurrence for each subsequent offense.
No animal named in §
6-1 of this code shall be housed or maintained on marshy ground nor on land subject to overflow nor within 300 feet of any public meetinghouse or any inhabited house other than that of the owner or keeper of such animals, without the written approval of the Director of Health.
If any person makes complaint to the Chief of
Police that any animal owned or harbored in the Town is a nuisance
or is damaging or has damaged private or public property, or has attacked
any person, the Chief of Police shall investigate such complaint,
and if the facts sustain such complaint, it shall be unlawful for
the owner, keeper or parent or guardian of a minor owner or keeper
of such animal, after proper warning by the Chief of Police, to fail
to restrain or control such animal.
The carcass of any dead animal not killed for
food shall be removed and disposed of within 24 hours after death
by the owner thereof or if the owner cannot be found then by the Board
of Selectmen or their agent by burial, incineration or other method
approved by the Director of Health.
[Added 3-12-2003, effective 3-28-2003]
A. Leashing and conduct in public places. Except in a
dog run established by the Town, no person shall bring any dog into
any public park, public playground, public school grounds, public
parking lot, public street or sidewalk unless the dog is on a leash
or lead that is no more than 25 feet in length and under the control
of its owner or keeper at all times. No person shall allow any dog
to dig up, mutilate, deface or destroy any such Town-owned properties.
[Added 6-11-2003, effective 6-27-2003)
B. Leashing in the Business District. Notwithstanding the leash length provisions of Subsection
A, no person shall bring any dog into any public parking lot, public street or sidewalk within the New Canaan Business District unless the dog is on a leash or lead that is no more than eight feet in length and under the control of its owner or keeper at all times. The New Canaan Business District is defined as that area of Town that is bounded by Grove Street (west); Pine, Cherry and Vitti Streets (south); Summer Street (east); and Cherry, Locust, Main, Park and Elm Streets (north).
C. Cleaning up after dogs. The owners and/or keepers
or any person having custody or control of any dog on any public street,
public sidewalk, or public parking lot, or within any public park,
public playground, or public school grounds shall promptly remove
all feces left by the dog on such public areas and dispose of such
feces in a sanitary manner.
D. Dogs not allowed in public buildings. No person shall
bring any dog into any Town-owned building, with the exception of
Town-approved activities which invite the presence of animals.
E. Enforcement and penalty. The provisions of this section
may be enforced by infractions issued by any police officer or Animal
Control Officer. Any person violating this section shall be fined
$90 for each offense or the maximum amount allowed for infractions
as set forth by the State of Connecticut Superior Court infractions
schedules.
F. Exceptions. The provisions of this section shall not
apply to police dogs, or to a guide dog accompanying a blind person
or to a service dog accompanying a disabled person.
[Added 3-12-2003, effective 3-28-2003]
A. Definitions. As used in this ordinance, the following
words and terms shall have the following meanings, unless the context
clearly indicates that a different meaning is intended:
ANIMAL CONTROL OFFICER
Any person employed or appointed by the Town of New Canaan
who is authorized to investigate and enforce violations relating to
animal control or cruelty under the provisions of this ordinance or
state laws.
AT LARGE
A dog that is not secured within an enclosure, dog cage,
vehicle or building, or is not under the direct control of a person.
DIRECT CONTROL
Immediate, continuous physical control of a dog such as by
means of a leash, cord, or chain of such strength to restrain the
dog and controlled by a person capable of restraining the dog.
ENCLOSURE
A structure or fence constructed of heavy-gauge steel or
other suitable material, with secure sides, top, and bottom, at least
six feet in height and at least five feet by 10 feet, suitable to
prevent the entry of children and suitable to confine a dog and to
prevent the dog from escaping.
IMPOUNDMENT
The taking or picking up and confining of a dog by any police
officer or Animal Control Officer.
KEEPER
Any person or other legal entity, other than the dog owner,
harboring or having responsibility, possession or control of the dog.
MUZZLE
A device, as of straps or metal, that can be safely and securely
fastened over the mouth of a dog to prevent the dog from biting any
person or other animal.
OWNER
Any person or other legal entity owning a dog or, in the
case of a person under the age of 18, the person's parent or legal
guardian.
B. Vicious dogs a nuisance. Any dog which has been declared
vicious by the Animal Control Officer or by the Chief of Police shall
be deemed a nuisance and shall be regulated and controlled in accord
with this ordinance. This ordinance shall apply to any dog that enters
the territorial jurisdiction of the Town of New Canaan, regardless
of the residence of the dog or its owner or keeper.
C. Determination of viciousness.
(1) If the Animal Control Officer has reasonable cause
to believe that a dog is vicious, the Animal Control Officer shall
conduct an investigation into the conduct and propensities of the
dog. The Animal Control Officer may consider, without limitation:
provocation; the severity of attack or injury to a person, domestic
animal or pet; previous aggressive history of the dog; observable
behavior of the dog; the site and circumstances of the incident; and
statements from interested parties.
(2) The Animal Control Officer may declare a dog to be
vicious if any one of the following criteria is met:
(a) Any dog which has severely injured or killed a domestic
animal or pet while off its owner's or keeper's property;
(b) Any dog which bites, inflicts injury, assaults or
otherwise attacks a human being, another dog or domestic animal without
provocation on any public or private property;
(c) Any dog which has been used primarily or in part for
the purpose of dog fighting, or any dog trained for dog fighting.
(3) The Animal Control Officer shall not declare a dog
to be vicious if any of the following criteria is met:
(a) 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 such person was teasing, tormenting, abusing
or assaulting the dog or was committing or attempting to commit a
crime;
(b) If any 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;
(c) If the dog was protecting or defending the premises
occupied by the owner or keeper of the dog, or was protecting or defending
a human being within the immediate vicinity of the dog from an attack
or assault.
D. Regulation and control of vicious dogs. If the Animal
Control Officer determines a dog to be vicious, the Animal Control
Officer may issue any of the following orders for the disposition
of the dog or for the controlled retention of the dog and the protection
of the public:
(1) Where a dog's history includes a bite upon a human,
that the dog be destroyed in an expeditious and humane manner, provided
that no destruction shall take place until after the appeal period
expires, unless the owner consents. In no case will a dog be destroyed
without prior notification to the owner. The owner or keeper of the
dog shall pay all costs and expenses necessitated by the seizure of
the dog, including such expenses as may be required for the destruction
of the dog;
(2) That the owner or keeper shall remove the dog permanently
from the owner's or keeper's premises and from any other location
within the Town of New Canaan in a specified time frame as directed
by the Animal Control Officer;
(3) That the vicious dog be licensed and registered according
to the laws of the Town of New Canaan and the State of Connecticut;
(4) That the owner or keeper shall present to the Animal
Control Officer proof that the owner or keeper has procured liability
insurance in the amount of at least $50,000 covering any damage or
injury which may be caused by such vicious dog, and produce for the
Animal Control Officer a copy of the policy declaration document identifying
the insurance policy and its terms. The insurance policy must provide
that notice of any cancellation, termination or expiration of the
liability insurance policy must be sent to the Animal Control Officer.
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 subsection;
(5) That the owner or keeper shall, at his/her own expense,
have the licensing number assigned to such vicious dog tattooed or
electronically chipped upon such vicious dog by a licensed veterinarian,
in a location and manner acceptable to the Animal Control Officer.
The number shall be noted in the Animal Control Officer's file for
such vicious dog, if it is different from the licensing number when
the vicious dog is registered in subsequent years;
(6) That the owner or keeper shall display a sign on his/her
property 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;
(7) That the owner or keeper of a vicious dog shall provide
a certificate to the Animal Control Officer from a licensed veterinarian
that the dog has been spayed or neutered, and that the owner or keeper
of said vicious dog shall be responsible for the cost of the spaying
or neutering;
(8) That the owner or keeper shall have an enclosure for
the vicious dog on the property where the vicious dog is primarily
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;
(9) That the owner or keeper of a vicious dog shall not
permit the dog to be outside the enclosure unless the dog is safely
secured within a dog cage, vehicle or building, or unless the dog
is securely muzzled and restrained with a chain, leash or lead with
a minimum tensile strength of 300 pounds, not exceeding three feet
in length, under the direct control of a person capable of restraining
the 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;
(10) That the owner or keeper of a vicious dog shall notify
the Animal Control Officer or the Police Department immediately if
a vicious dog is at large, or on the loose, or has attacked a human
being or another animal, or has been sold or given away, in which
case the owner or keeper shall provide the Animal Control Officer
with the name, address, and telephone number of the new owner or keeper
of the vicious dog;
(11) That the owner or keeper comply with such other conditions
and requirements that the Animal Control Officer determines to be
reasonable for the restraint of the dog or the protection of the public.
E. Decision and notice.
(1) If the Animal Control Officer determines a dog to
be vicious, the Animal Control Officer shall notify the dog owner
or keeper of any orders or special conditions for the regulation and
control of the dog. Initial notification may be provided verbally.
Within five days after declaring a dog vicious, the Animal Control
Officer shall notify the dog owner or keeper, in writing, of the determination
and of any orders of the Animal Control Officer regarding disposition
of the dog, or the special restrictions and conditions for keeping
the dog. Such written notice shall be given either by certified mail,
or by personal delivery through the Animal Control Officer or his/her
delegate.
(2) The Animal Control Officer may immediately impound
the dog until the orders, special restrictions or conditions are satisfied.
The dog owner or keeper shall pay all costs of impoundment. In the
event the owner or keeper of the dog refuses to surrender the dog
for impoundment, the Animal Control Officer or a police officer may
obtain a search warrant and seize the dog upon execution of the warrant.
F. Appeals.
(1) This ordinance shall not limit or exclude any enforcement
powers or authority that the Animal Control Officer has under the
Connecticut General Statutes. If any orders of the Animal Control
Officer are issued and based upon a finding that the dog has bitten
a human being, then any appeal of such orders shall be taken pursuant
to Connecticut General Statutes Section 22-358, as the same may be
amended from time to time.
(2) If any orders of the Animal Control Officer are issued and based upon a finding of viciousness not involving a bite upon a human being, then the determination and orders of the Animal Control Officer may be appealed to the Chief of Police (or Acting Chief in the Chief's absence) by the owner or keeper of the dog within fifteen days of receiving written notice of the determination and orders. The determination and orders of the Animal Control Officer shall remain in effect pending the appeal. The Chief of Police shall convene a hearing for the purpose of determining, de novo, whether the dog in question should be declared vicious. The Chief of Police shall notify the owner or keeper of the dog that a hearing will be held, at which time the owner or keeper may have the opportunity to present evidence as to 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 Chief of Police shall conduct the hearing in the order and form and with such methods of proof as the Chief 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 shall be open to the public. The Chief of Police shall consider the factors set forth above in Subsection
C, Determination of viciousness. If the Chief of Police determines the dog to be vicious, the Chief of Police may issue any of the orders, special restrictions or conditions allowed above in Subsection
D, Regulation and control of vicious dogs.
(3) Within five days after declaring a dog vicious, the
Chief of Police shall notify the dog owner or keeper, in writing,
of the determination and of any orders regarding disposition of the
dog, or the special restrictions and conditions for keeping the dog.
Such written notice shall be given either by certified mail, or by
personal delivery through the Chief of Police or his/her delegate.
G. Violations and penalties. Any person violating any
order of the Animal Control Officer or Chief of Police relating to
any vicious dog shall be fined $90 for each offense, or the maximum
amount allowed for infractions as set forth by the State of Connecticut
Superior Court infractions schedules, and, in addition, the Animal
Control Officer may immediately impound the vicious dog. The impounded
vicious dog shall not be released until the dog owner or keeper complies
with all orders of the Animal Control Officer or Chief of Police.
The dog owner or keeper shall pay all costs of impoundment. The penalties
set forth herein shall not be in lieu of or limit the authority of
the Animal Control Officer to take other action authorized by the
Connecticut General Statutes.
H. Exceptions. The provisions of this ordinance shall
not apply to dogs utilized by law enforcement officers in the performance
of their duties.
I. Severability. The provisions of this ordinance are
declared to be severable. If any portion, section, sentence, clause,
or phrase of the ordinance shall for any reason be held to be invalid
or unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions, sections,
sentences, clauses, and phrases, but they shall remain in effect,
it being the legislative intent that this ordinance shall remain in
effect notwithstanding the invalidity of any part.
[Added 5-20-2009, effective 6-12-2009]
A. No person
shall feed or provide food for migratory or domestic waterfowl such
as ducks, geese, swans, etc., on any public land or waters within
the Town of New Canaan.
B. The provisions
of this section may be enforced by infractions issued by any police
officer or Animal Control Officer. Any person violating this section
may be fined, for each offense, $90 or the maximum amount allowed
for infractions on the State of Connecticut Superior Court infractions
schedules.