[Adopted 9-9-2002 by Ord. No. 02-03]
A.
The purpose and intent of this article is to protect
the health, safety and general welfare of Town residents from vicious
or dangerous animals.
B.
Nothing in this article is intended to restrict or
inhibit the municipal animal control officer in the performance of
his or her duties.
C.
Nothing in this article nullifies, overrides or is
intended to override state regulations regarding vicious animals.
As used in this article, the following terms
shall have the meanings indicated:
Any animal running at large or not under direct physical
control of that animal's owner.
Shall be determined annually by the Town Council, in consultation
with Animal Control.
Person primarily responsible for keeping an animal. In cases
where animals are ostensibly owned by a minor, the parent or guardians
of said minor are considered the owners for purposes of this article.
A dog or other animal that has attacked, bitten
or physically injured a human being without provocation two or more
times;
A dog other animal which, more than once approaches
a person in a menacing fashion without provocation;
A dog with a known propensity, tendency or disposition
to attack people unprovoked;
A dog that inflicts injury on another animal
without provocation;
A dog bred, trained or harbored primarily for
the purpose of dog fighting or attacks on humans or other animals;
A dog that has been declared a vicious dog under
this article by the municipal animal control official; or,
Any animal defined as vicious under C.G.S. § 26-40a.
The following individuals, organizations, entities
and circumstances are exempt under this article:
A.
Restraint of a vicious animal.
(1)
The owner of a dangerous or vicious animal may not
allow it to run free, unconfined in municipal limits, beyond the owner's
premises.
(2)
The animal must be muzzled securely, restrained by
a responsible adult, when not penned or inside the owner's premises.
(3)
The restraint chain must have minimum tensile strength
of 300 pounds and be up to six feet in length.
(4)
The muzzle and chain must be humane.
B.
Confinement of vicious animal.
C.
Insurance.
(1)
All owners of animals determined to be dangerous and/or
vicious under this article must obtain liability insurance on said
animal, at a minimum $50,000, and name the Town of Stratford as additional
insured.
(2)
Annually, owners of a dangerous and/or vicious animal
must certify to the Town that such insurance is currently in effect.
D.
Notice requirement to Animal Control.
A.
Determination of viciousness.
(1)
If a dog is running loose, Animal Control may, after
investigation determine if it is vicious, then seize and impound the
dog and impose citations and fines; or the officer may issue a warning
with conditions of control and confinement as provided herein.
(2)
Any Town resident or municipal employee may, under
oath, notify the animal control officer of a dangerous or vicious
animal.
B.
Citation and fine.
(1)
Animal Control may, after investigation, impose a
fine, and issue conditions to the owner on the proper keeping of a
dangerous and vicious animal.
(2)
Conditions may include, but are not limited to, muzzling,
penning, chaining, construction of a pen, or removal of the dog from
Town limits.
(3)
The owner must pay all fines and costs of impounding
the animal prior to the animal being released from impoundment.
(4)
Unpaid fines may become an assessment on real property
and can be levied as are all other municipal fines.
C.
Impounding roaming dangerous animal.
(1)
Animal Control must contact the owner by phone or
in person within 48 hours of impounding a dangerous and/or vicious
animal.
(2)
If after due diligence the owner cannot be identified
or located, the Animal Control Officer may impound the animal and
request assistance of animal rescue groups or shelters.
(3)
A fee for each day of impoundment may be assessed
for food and care which is to be paid by the animal's owner.
E.
Remedies for continued violations.
(1)
Cancellation of dog registration.
(2)
Ban on owner maintaining multiple animals.
(3)
In case of neglect or cruelty, or repeated violations
of this article, permanently remove the animal from the owner's custody,
after notice and hearing.
(4)
Sterilization of animal.
(5)
Destroy dangerous and/or vicious animal after notice
and hearing if the owner is found in violation of this article more
than three times in one calendar year.
F.
Appeals process.
(1)
In case of dangerous and/or vicious animals, whether
or not the animal has been impounded, and where violations of this
article have been determined and fines levied, the owner who wishes
to contest such citations and fines must deliver written notice of
contest within 10 days of the date of the citation.
(2)
Whenever the owner is found in violation and timely
requests a hearing in writing, and in cases where it is proposed to
destroy the dangerous and/or vicious animal even if the owner has
not requested a hearing, the Animal Control Officer must set a hearing
date and give written notice of same within 15 days of receipt of
the request for hearing, or within 15 days of the Animal Control Officer's
determination to destroy the animal.
(3)
Said hearing must be held not less than 30 days, nor
more than 45 days from the date of mailing of the notice of the requested
hearing.
(4)
At the hearing, a hearing panel of at least three
municipal officials designated by the Mayor, one of whom must be an
Animal Control Officer, shall consider all evidence before it, including
possible provocation, severity of injury or attack, previous aggressive
history of the dog, observed behavior of the dog, statements from
interested persons, including the owner, and any other relevant facts
and circumstances of the event giving rise to the citation.
[Amended 3-12-2007 by Ord. No. 07-03]
(5)
Owners, persons attacked or the Town Attorney may
bring civil actions under this article to the Superior Court.
