Sec. 22-347. Use of license fees. Within thirty days after receipt of the fees for dog
licenses and tags, each town clerk shall deduct one dollar for each dog licensed, two
dollars for each kennel license issued and fifty cents for each replacement tag issued
and pay the balance to the town treasurer or other proper fiscal officer. Each town
treasurer or fiscal officer, as the case may be, shall keep a separate dog fund account of
all fees received from the town clerk, and all receipts from the municipal animal control
officer and expended by said officer under the provisions of this chapter, and shall pay
to the Commissioner of Agriculture, on September first of each year, fifty per cent of
all moneys received from the sale of licenses prior to July first, or forty per cent of all
such moneys if the town has made a survey of unlicensed dogs in accordance with the
provisions of section 22-349, and include with such payment a statement of the number
of licenses issued during such year. All moneys received from licenses sold after June
thirtieth and all moneys received from the municipal animal control officer and all license fees returned to the town by the State Treasurer, at the request of the commissioner,
under the provisions of section 22-348 shall be kept by the town treasurer or other fiscal
officer in the separate dog fund account. The town treasurer or other fiscal officer shall,
on the ensuing September first, send fifty per cent, or forty per cent as the case may be,
of all license fees in such account to the commissioner, including any penalty fees
collected pursuant to section 22-338. All payments to the commissioner shall be accompanied by an account thereof in a form prescribed by the commissioner and a copy of
such account shall be sent to the commissioner. Upon the failure of any town treasurer
or other fiscal officer to pay any amount due pursuant to this section, or any portion
thereof, within forty-five days from its due date, the commissioner shall add interest of
one and one-fourth per cent per month or fraction thereof on the amount unpaid per
month or fraction thereof from the due date of such payment to the date of payment and
a penalty in the amount of ten per cent of the amount unpaid or fifty dollars, whichever
is greater. All funds in the dog fund account, except such funds as are to be sent to the
commissioner, shall be used only for the compensation of municipal animal control
officers, license certificates, tags, the construction and maintenance of dog pounds, the
detention and care of impounded dogs in accordance with section 22-336, municipal
animal control officer's equipment, dog supplies and such veterinary fees as are provided
for by law or regulations and shall not be used for any other purpose except upon written
approval of the commissioner. No fees paid into the treasury of the town for tags or
licenses for dogs shall be paid back to the persons from whom they were collected.
(1949 Rev., S. 3395, 3396; 1953, S. 1833d; 1957, P.A. 440, S. 6; 1963, P.A. 613, S. 18; P.A. 80-211, S. 2; P.A. 82-323, S. 6; 82-440, S. 2, 3; P.A. 85-289, S. 1; P.A. 91-59, S. 13; 91-131, S. 2, 4; P.A. 93-435, S. 51, 95; P.A. 01-62, S. 4;
June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1963 act changed amounts to be deducted from receipts by town clerk from thirty-five to fifty cents per dog
license and imposed ten cent deduction for each replacement tag, added references to town "fiscal officer", replaced "dog
fund license account" with "dog fund account", required payments to state treasurer on September first rather than August
first, specified that payment cutoff date is June thirtieth and required statement of number of licenses issued and added
provisions re payments to be rendered on moneys received after June thirtieth in each year and specified that funds remaining
in local account may be used for warden's equipment, dog supplies and veterinary fees as well as other uses previously
listed; P.A. 80-211 allowed use of funds retained locally for "detention and care of impounded dogs in accordance with
section 22-336"; P.A. 82-323 doubled deduction from fees for dogs licensed and kennels licensed and raised deduction
for replacement tags from ten to fifty cents; P.A. 82-440 deleted the provision that towns participating in regional dog
pounds submit license fees to the state treasurer; P.A. 85-289 authorized towns to retain sixty per cent of the fees provided
a survey was made; P.A. 91-59 replaced reference to "warden" with reference to "municipal animal control officer"; P.A.
91-131 added interest and penalty provisions, effective July 1, 1991, and applicable to any assessment or payment due on
or after that date; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 1993; P.A. 01-62 made
a technical change for purposes of gender neutrality and placed control over moneys collected with the Commissioner of
Agriculture, deleting or revising provisions re State Treasurer; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed
Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.
Sec. 22-348. Allocation of license fees to The University of Connecticut. Balance to towns. The Commissioner of Agriculture, at the end of each fiscal year, shall
request that for each dog license issued during the fiscal year, ten cents is transferred,
from fees received pursuant to section 22-347, to The University of Connecticut for
investigation and research concerning the cause, diagnosis, treatment and prevention of
canine diseases. The balance of such fees, if in excess of five thousand dollars, remaining
unexpended on August first following shall be returned, pro rata, to the towns that paid
the same, upon certification by the commissioner that the town receiving such rebate
has complied with the provisions of this chapter and the regulations adopted hereunder.
A balance of five thousand dollars or less of such funds shall be carried into the following
fiscal year.
(1949 Rev., S. 3397; 1953, S. 1834d; 1957, P.A. 440, S. 7; 1963, P.A. 613, S. 19; P.A. 93-435, S. 52, 95; P.A. 01-62,
S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1963 act required that ten cents per dog license be set aside for canine disease research and required commissioner's certification of towns compliance with provisions of chapter and related regulations before balance of fees returned
to town; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 1993; P.A. 01-62 changed the
method of allocating funds to The University of Connecticut, allowed the fund to carry forward a balance of five thousand
dollars or less, placed the Commissioner of Agriculture in charge of the fund, deleting reference to State Treasurer, and made
technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 22-349. Unlicensed dogs. Regulations. Impoundment. The town clerk of
each town shall, annually, on or before July first, provide the municipal animal control
officer or regional animal control officer with a copy of each dog license issued by such
clerk. Such municipal animal control officer or regional animal control officer shall
thereupon make diligent search for any unlicensed dog required to be licensed by section
22-338. The commissioner shall adopt regulations in accordance with the provisions of
chapter 54 establishing procedures for such search. If the owner of any such unlicensed
dog is not known, the municipal animal control officer or regional animal control officer
shall impound such dog. The owning or keeping of an unlicensed or impounded dog
and the failure to purchase a license and pay the advertising and redemption fee within
one hundred and twenty hours from the time the dog was impounded shall be an infraction.
(1949 Rev., S. 3394; 1953, S. 1832d; 1957, P.A. 440, S. 5; 1963, P.A. 613, S. 20; 1969, P.A. 81, S. 4; P.A. 76-381, S.
12; P.A. 78-48, S. 2; P.A. 79-290, S. 3, 5; P.A. 82-101, S. 2, 3; P.A. 85-289, S. 2; P.A. 91-59, S. 14.)
History: 1963 act required forwarding of list of licensed dogs to regional warden and rewrote provisions re impoundment
of unlicensed dogs and prosecution of owners in greater detail; 1969 act replaced references to regional wardens with
references to regional canine officers; P.A. 76-381 rephrased provision re prosecution of owner of unlicensed dog to state
that owner of unlicensed dog shall be deemed to have committed an infraction; P.A. 78-48 required that warden or canine
control officer be furnished with copies of each dog license rather than with list of licensed dogs; P.A. 79-290 changed
deadline for furnishing copies of licenses from August first to July first and reduced time within which impounded dog
must be redeemed from one hundred sixty-eight hours to one hundred twenty hours; P.A. 82-101 amended the section to
eliminate the file day grace period during which owners of unlicensed dogs must license them or be guilty of an infraction;
P.A. 85-289 added provision re regulations; P.A. 91-59 replaced references to "warden" and "regional canine control
officer" with references to "municipal animal control officer" and "regional animal control officer".
See Sec. 22-334 re animal control officer's fees.
See chapter 881b re infractions of the law.
Sec. 22-350. Dogs as personal property. Tax exemption. Theft. All dogs are
deemed to be personal property. License fees paid under the provisions of this chapter
shall be in lieu of any tax on any dog. Any person who steals a dog may be prosecuted
under section 22-351 or under sections 53a-118 to 53a-129, inclusive.
(1949 Rev., S. 3393; 1953, S. 1831d; 1957, P.A. 143, S. 1; 1963, P.A. 613, S. 21; 1971, P.A. 871, S. 100; May Sp.
Sess. P.A. 92-11, S. 7, 70.)
History: 1963 act provided that license fees are in lieu of any tax on any dog rather than in lieu of tax on dog "of the
value of one hundred dollars or less"; 1971 act replaced reference to Sec. 53-63 with reference to Secs. 53a-118 to 53a-129; May Sp. Sess. P.A. 92-11 replaced "declared" with "deemed", deleted redundant provision that dogs are "subject to
larceny" and deleted provision, including a reference to repealed Sec. 53-63, re valuation when more than one dog is stolen.
Action for negligent killing of a dog implicit in this statute. 127 C. 692. Right to maintain an action at common law for
wilfully, wantonly or negligently injuring or destroying a dog is implicit in this section. 139 C. 622.
Sec. 22-350a. Tethering and confining of dog for unreasonable period of time.
Fine. Any person who confines or tethers a dog for an unreasonable period of time shall
be fined not more than one hundred dollars for the first offense, not less than one hundred
dollars or more than two hundred fifty dollars for a second offense, and not less than
two hundred fifty dollars or more than five hundred dollars for any subsequent offense.
(P.A. 03-212, S. 1.)
Sec. 22-351. Theft, killing or injuring of companion animal. Penalty. Liability.
(a) Any person who steals, confines or conceals any companion animal, as defined
in section 22-351a, or who, with the intention of stealing such companion animal or
concealing its identity or the identity of its owner or with the intention of concealing
the fact that the companion animal is licensed, removes the collar or harness or tag
from any licensed companion animal, or who unlawfully kills or injures any companion
animal, shall be fined not more than one thousand dollars or imprisoned not more than
six months or both. For a second offense, or for an offense involving more than one
companion animal, any such person shall be fined not more than two thousand dollars
or imprisoned not less than one year nor more than three years or be both fined and
imprisoned.
(b) Any person who violates the provisions of subsection (a) of this section shall
be liable to the owner in a civil action, except that, if such person intentionally kills or
injures any companion animal, such person shall be liable to the owner in a civil action
as provided in section 22-351a.
(1949 Rev., S. 3401; 1953, S. 1839d; 1957, P.A. 143, S. 2; 1963, P.A. 613, S. 22; P.A. 93-435, S. 53, 95; P.A. 04-239,
S. 2.)
History: 1963 act made provisions applicable with respect to all dogs where previously applicability was limited to
licensed dogs and dogs under six months old; P.A. 93-435 made certain technical and grammatical revisions, effective
June 28, 1993; P.A. 04-239 designated existing provisions as Subsec. (a) and amended said Subsec. to replace "dog" with
"companion animal" where appearing, specify that companion animal is defined in Sec. 22-351a, increase the maximum
fine from two hundred dollars to one thousand dollars for a first offense and from five hundred dollars to two thousand
dollars for a second offense or an offense involving more than one companion animal and delete provision re liability to
the owner in a civil action, and added Subsec. (b) re liability to the owner in a civil action or, if the companion animal was
intentionally killed or injured, liability to the owner in a civil action under Sec. 22-351a.
See Sec. 14-226 re requirement that operator of vehicle causing injury to or death of dog shall report the injury or death.
Under previous law, no recovery could be had for negligently killing unregistered dog. 79 C. 427. Early legislation
reviewed. Id. Action is in tort; statute need not be counted on. 80 C. 434. That dog killed did not wear tag is no defense;
various matters as to kennel license considered. 84 C. 640. Effect of mistake of town clerk in registering dog in name of
wrong person. 100 C. 128. See note to Sec. 22-357. To "unlawfully" kill, etc., means conduct which is wilful or so wanton
as to be equivalent thereto. 127 C. 690. Cited. 139 C. 624.
Owner of unregistered dog may recover at common law for its wanton and wilful killing. 18 CS 53.
"Unlawfully" refers to conduct that is wilful or at least so wanton as to be equivalent thereto. 2 Conn. Cir. Ct. 466.
Sec. 22-351a. Liability for intentionally killing or injuring companion animal.
(a) For the purposes of this section, "companion animal" means a domesticated dog or
cat that is normally kept in or near the household of its owner or keeper and is dependent
on a person for food, shelter and veterinary care, but does not include a dog or cat kept
for farming or biomedical research practices.
(b) Any person who intentionally kills or injures a companion animal, except in
defense of such person or another person or as otherwise authorized by law, shall be
liable to the owner of such companion animal for economic damages sustained by such
owner including, but not limited to, expenses of veterinary care, the fair monetary value
of the companion animal and burial expenses for the companion animal.
(c) In addition to any economic damages awarded pursuant to subsection (b) of this
section, and except as provided in subsection (d) of this section, the court may award
punitive damages in an amount not to exceed the jurisdictional monetary limit established by subsection (d) of section 51-15, together with a reasonable attorney's fee.
(d) The court shall not assess punitive damages and a reasonable attorney's fee
pursuant to subsection (c) of this section against: (1) A veterinarian licensed pursuant
to chapter 384 while following accepted standards of practice of the profession, (2) the
state or any political subdivision of the state or any employee, officer or agent thereof
while acting within the scope of such employee's, officer's or agent's employment or
official duties, or (3) an employee of or volunteer for a nonprofit organization or nonprofit corporation organized and operated exclusively for the prevention of cruelty to
animals or the protection of stray, abandoned or mistreated animals while acting within
the scope of such employee's or volunteer's employment or duties.
(P.A. 04-239, S. 1.)
Sec. 22-352. Change of residence of owner. Any dog licensed as provided in this
chapter may be kept in any town in this state under such license until the June thirtieth
succeeding the date thereof, if the owner maintains a residence in the town where such
license was issued. If any owner discontinues such residence and takes up residence in
another town, he shall present the license and tag to the town clerk of such town and,
for a fee of fifty cents, the town clerk shall issue a new license and tag for the town in
which the owner now resides. Such town clerk shall retain the old license and tag in his
possession.
(1949 Rev., S. 3398; 1953, S. 1835d; 1957, P.A. 440, S. 8; 1963, P.A. 613, S. 23.)
History: 1963 act increased fee for transfer of license to new town of residence from thirty-five to fifty cents.
Sec. 22-353. Identifying insignia or tattoo marks. Section 22-353 is repealed,
effective October 1, 1997.
(1949 Rev., S. 3406; 1953, S. 1844d; 1963, P.A. 613, S. 24; 1969, P.A. 81, S. 4; P.A. 91-59, S. 15; P.A. 97-234, S. 11.)
Sec. 22-354. Imported dogs and cats. Health certificates. Importation from
rabies quarantine area. Puppies and kittens. Sale of young puppies and kittens.
Any dog or cat imported into this state shall be accompanied by a certificate of health
issued no earlier than thirty days prior to the date of importation by a licensed, graduate
veterinarian stating that such dog or cat is free from symptoms of any infectious, contagious or communicable disease, and that such dog or cat, if three months of age or older,
is currently vaccinated for rabies by a licensed veterinarian. A copy of such health
certificate shall be forwarded promptly to the commissioner from the livestock sanitary
official of the state of origin. Any dog or cat originating from a rabies quarantine area
must have permission of the State Veterinarian prior to importation into this state. No
person, firm or corporation shall import or export for the purposes of sale or offering
for sale any dog or cat under the age of eight weeks unless such dog or cat is transported
with its dam and no person, firm or corporation shall sell within the state any dog or cat
under the age of eight weeks. Any person, firm or corporation violating the provisions
of this section or bringing any dog or cat into this state from an area under quarantine
for rabies shall be fined not more than one hundred dollars or imprisoned not more than
thirty days or both.
(1951, S. 713b; 1953, S. 1837d; 1957, P.A. 74, S. 2; 1963, P.A. 613, S. 25; P.A. 74-22; P.A. 91-46, S. 5, 12; P.A. 96-243, S. 14, 16; P.A. 04-145, S. 2.)
History: 1963 act changed maximum amount of time dog may remain in state without health certificate and/or state
license from twenty-one to thirty days; P.A. 74-22 added provisions re import or export of dogs less than eight weeks old;
P.A. 91-46 added cats to coverage under this section, added requirement that any importation of dogs or cats from a rabies
quarantine area be approved by the state veterinarian, deleting provision which had allowed certificate issued by livestock
sanitary official of state of origin as proof of animals' health, changed maximum time lapse since vaccination from six to
twelve months and deleted provision excepting show animals not kept in-state for more than thirty days from provisions
of section; P.A. 96-243 modified the vaccination requirement for importation of dogs and cats, deleting former provisions
re exposure to rabies and vaccination within certain timeframe, effective June 6, 1996; P.A. 04-145 added thirty-day
certificate of health issuance restriction, effective May 21, 2004.
Sec. 22-355. Damage by dogs to domestic animals. (a) When any person sustains
damage by dogs to his sheep, goats, horses, hogs, cattle, poultry or domestic rabbits
kept in enclosures as described in subsection (f), such person shall report such damage
to the chief administrative officer of the town in which such damage was sustained, or
his agent, or, if such damage was sustained on land located in two or more towns, he
shall report such damage to such authority of either of such towns. Thereupon such
authority, with the person claiming to have sustained such damage, shall estimate the
amount of such damage, including the value of the animals or poultry killed, injured or
damaged by such dogs. If such authority and the person claiming to have sustained such
damage are unable to agree as to the amount thereof, they shall choose some disinterested
third person to assist in estimating the damage. Information required by this subsection
shall be given within twenty-four hours after the person claiming hereunder has or should
have had knowledge of the same or, if the intervention of a Sunday or holiday prevents
the reporting thereof, on the next succeeding business day. No claim for such damages
shall be allowed to (1) anyone who owns, keeps or has in possession any unlicensed
dog, (2) anyone whose employee, living on the premises, keeps an unlicensed dog which
is six months of age or over, or (3) any person who fails to report such damage within
the time limited by this section. The burden of proving the allegations of any claim
under this section shall be on the person claiming hereunder.
(b) The amount of damage agreed upon or estimated by any two of such three persons shall be paid by such town, and the town may recover such amount, when paid,
with the compensation of such disinterested third person, from the owners, keepers or
harborers of such dogs, if such persons are the residents of the town. If the owners,
keepers or harborers of such dogs are not residents of the town in which the damage
has been done, the town paying the damage may recover such damage and compensation
from the town or towns where such owners, keepers or harborers reside, unless such
owners, keepers or harborers, or such town or towns, on notice, pay to the treasurer of
the town which paid such damage the amount of such damage and compensation. Any
town which is obliged to pay any such damage may recover the amount thereof from
the owners, keepers or harborers of the dogs doing such damage.
(c) When additional or increased damages are claimed to sheep, goats, horses, hogs,
cattle, poultry or domestic rabbits, which damages were not apparent at, and accrued
subsequent to, the first appraisal of damage, a supplemental notice of such claim for
additional damage may be given to such authority at any time within thirty days from
the discovery of the original damage. The supplemental notice of claim shall set forth
the facts upon which such claim is based. The claim shall be made to such authority
and shall be acted upon in the manner provided in subsections (a) and (b).
(d) Any authority who has received notice pursuant to the provisions of this section
and within a period of fifteen days after receiving such notice, fails to estimate the
amount of such damage, or if such authority is unable, within a period of five days, to
agree with the person claiming to have sustained such damage as to the amount thereof,
or fails to agree with such person on a disinterested third person to assist in estimating
such damage, or if such authority and such person agree on such disinterested third
person and two of such three persons fail to agree as to the amount of such damage, the
person who claims to have sustained damage may institute a civil action against the
town in which the damage was sustained for the recovery of such damage. No such
action shall be maintained unless brought within one year from the date the damage was
sustained.
(e) When the selectmen, town manager or other chief executive officer of the town
receives notice from any person claiming to have sustained damage by dogs to his sheep,
goats, horses, hogs, cattle, poultry or domestic rabbits in excess of one hundred dollars,
such authority shall, within twenty-four hours, report the same to the commissioner for
investigation and shall call upon the commissioner or his agent to act for the town in
appraising the damage as provided in subsections (a), (b), (c) and (d) of this section.
The fact that said commissioner or his agent has acted for such authority shall not bar
an action for the recovery of the damage as provided in subsection (d) of this section.
(f) Sheep, goats, horses, hogs, cattle, poultry and domestic rabbits shall be confined
or shall be enclosed by a fence or wall of material and height sufficient to restrain them
from roaming. In any case in which any town has paid an amount in excess of one
hundred dollars for such damage to the owner of any such animal or poultry, and the
amount of such damage cannot be collected from the owners, keepers or harborers of
such dogs, the selectmen, town manager or other chief executive officer of such town,
city or borough shall forward to the commissioner a statement of the facts, showing
the amount so paid, and the State Treasurer, at the request of the commissioner, shall
reimburse such town, city or borough for the amount of such damage, from the funds
received by the state under the provisions of this chapter.
(1949 Rev., S. 3402; 1953, S. 1840d; 1963, P.A. 613, S. 26; 1971, P.A. 74, S. 1, 2; P.A. 85-145, S. 1; June Sp. Sess.
P.A. 91-10, S. 11, 20; P.A. 93-435, S. 54, 95; P.A. 01-62, S. 5.)
History: 1963 act replaced references to selectmen with references to chief administrative officer or authority, clarified
when report must be made if Sunday or holiday prevents meeting of twenty-four hour limit and specifically disallowed
claims by persons whose employee lives on premises and keeps unlicensed dog or by those not meeting time limit allowed
for claims, included damages to poultry and domestic rabbits in Subsec. (c), deleted Subsec. (d) which had allowed issuance
of order to kill dog if established damage claim not paid within ten days of notice to dog owner, relettering remaining
Subsecs. accordingly, changed time limit for reports to commissioner in new Subsec. (e) to within forty-eight hours rather
than five days and made commissioner's appraisal mandatory rather than optional; 1971 act stated that burden of proof is
on claimant in Subsec. (a) and in Subsec. (e) made basis for report to commissioner any damage to sheep, goats, horses,
etc. rather than a claim for more than fifty dollars and reduced time for report from forty-eight to twenty-four hours; P.A.
85-145 amended Subsec. (f) by deleting obsolete references to the payment of expenses for Pasteur treatment; June Sp.
Sess. P.A. 91-10 amended Subsecs. (e) and (f) to limit the state's responsibility under this section to those matters involving
damage in excess of one hundred dollars; P.A. 93-435 made certain technical and grammatical revisions, effective June
28, 1993; P.A. 01-62 amended Subsec. (f) to give the Commissioner of Agriculture control over reimbursements to towns
for damage, deleting or revising provisions re State Treasurer.
What is sufficient notice to selectmen. 37 C. 467. Only actual damage not to exceed the amount paid may be recovered
by a town. 48 C. 335. Provision for recovery from town held valid as a police regulation. 48 C. 335-337. Nature of obligation
on the part of the town created by the statute. 59 C. 531; 62 C. 107. The bona fide estimate of damages is conclusive against
the resident sustaining the damage. 62 C. 106. "Owner" defined. 74 C. 85. All steps in statute must be strictly followed.
86 C. 568; 108 C. 156; 133 C. 289. Estimate made by sheep owner and selectman inoperative under former statute. 108
C. 158. No right to recover regardless of commissioner's approval, where such appraisal is a condition precedent to recovery.
133 C. 288.
A claimant who is not satisfied with the award need not accept it but may seek his remedy against the persons owning
or keeping the dogs. 14 CS 98.
Sec. 22-356. Damage by two or more dogs. If any person has been damaged in
person or property by two or more dogs at the same time, kept by two or more persons,
the owners or keepers of such dogs shall be jointly and severally liable for such damage.
(1949 Rev., S. 3403; 1953, S. 1841d; 1963, P.A. 613, S. 27.)
History: 1963 act substituted damage to "any person ... in person or property" for damage to "any animal or poultry".
Sec. 22-357. Damage to person or property. If any dog does any damage to either
the body or property of any person, the owner or keeper, or, if the owner or keeper is a
minor, the parent or guardian of such minor, shall be liable for such damage, except
when such damage has been occasioned to the body or property of a person who, at the
time such damage was sustained, was committing a trespass or other tort, or was teasing,
tormenting or abusing such dog. If a minor, on whose behalf an action under this section
is brought, was under seven years of age at the time the damage was done, it shall
be presumed that such minor was not committing a trespass or other tort, or teasing,
tormenting or abusing such dog, and the burden of proof thereof shall be upon the
defendant in such action.
(1949 Rev., S. 3404; 1953, S. 1842d; 1969, P.A. 439, S. 1.)
History: 1969 act added provision re actions brought on behalf of minors.
Administrator as "owner". 74 C 85. Necessity of counting on statute. 77 C. 570. That person injured provoked dog as
a defense under former statute. 81 C. 321. Action is one in tort. 86 C. 710. Cited. 102 C. 480. Statute held constitutional;
elements of damage. 105 C. 89. Scope of exception. 106 C. 202. Negligence in operation of automobile not a "tort" within
exception. 107 C. 626. Owner of dog held liable where dog jumped in front of automobile causing it to swerve into ditch
and overturn. Id. Cited. 91 C. 492. Complaint should negative the existence of circumstances which would bring plaintiff
within the exception. 117 C. 107. Defendant who pleaded an affirmation of the exception assumed burden of proof thereof.
Id., 103. "Trespass or tort" construed. Id., 310. Conduct not within the exceptions, although it might be held contributorily
negligent, is not a defense under the statute. Id. Cited. 119 C. 648. Wife, co-owner, liable with husband who thrust dog
toward plaintiff's face. 129 C. 210. "Trespass or tort" means more than mere entry; statute bars recovery where plaintiff
is committing or intends to commit an injurious act. 133 C. 509: 140 C. 358. See note to Sec. 22-327. Plaintiff may recover
where menacing attitude of dog frightened him and caused him to fall. 138 C. 718. Friendly playing with a dog is not
"teasing, tormenting or abusing". 142 C. 516. A plaintiff must bring himself clearly within the provisions because it creates
a cause of action that did not exist at common law. 142 C. 719. Phrase "trespass or other tort" interpreted. 148 C. 125.
That the plaintiff was on a public highway did not eliminate the possibility that she was committing a trespass within the
meaning of the statute. Id. Plaintiff restrained dog with a leash from attacking another dog and from leaving the premises
of its master, all in accordance with the wishes of its master; held that this did not come within the exceptions from liability
under this statute. 148 C. 557. History of statute reviewed. Id. Cited. 221 C. 14-21, 23, 26. Cited. 231 C. 920. Doctrine of
parental immunity bars action by unemancipated minor against parent alleging strict liability pursuant to statute; doctrine
of parental immunity discussed. 234 C. 259-262, 264, 266, 267, 270, 271. Cited. 235 C. 360, 389; see also 40 CA 219 et
seq. Cited. 241 C. 319.
Cited. 7 CA 19-22. Cited. 9 CA 495-497. Action under section barred by parental immunity doctrine. 34 CA 866-
868, 870. Cited. 42 CA 239. Absent specific language in Sec. 52-557n modifying common law rule of governmental
immunity for claims of strict liability, section should not be so construed. 58 CA 702.
Owner and keeper of dog liable in the alternative and not jointly. 5 CS 150. Trespass does not include technical or
casual trespass. Id., 426; 18 CS 156. Controlled by three year tort statute of limitations. 14 CS 428. Assumption of risk
has no place in an action brought under this section. But plaintiff must prove either that her own conduct was not such as
would naturally incite the dog to retaliation or that it was, under the circumstances, justified. 22 CS 332. Cited. 25 CS 341.
When a cause of action arises in a child for personal injuries under this section, an independent cause of action arises in
his parent for consequential damages as a result of the injury. 26 CS 274, 275. But parent's right may be barred by conduct
of his own which in whole or in part caused the damage. Id. Applicable statute of limitation is section 52-577. 26 CS 294,
296. Statute of limitation under the dog bite law is three years. 29 CS 71. Cited. 29 CS 72. Owners of premises where dog
was kept considered "keepers" and held to be liable. 36 CS 156, 157.
Where plaintiff alleged, in her complaint, negligence and scienter on the part of the dog's owners, held that, notwithstanding plaintiff's claim of defendants' statutory liability, the action was one in negligence at common law and not under this
statute. 2 Conn. Cir. Ct. 539. History discussed. Id., 541, 542. Petting of dog does not constitute teasing, tormenting or
abusing dog. 2 Conn. Cir. Ct. 694.
Sec. 22-358. Killing of dogs doing damage. Quarantine of biting dogs, cats or
other animals. Notice. Seizure. Euthanasia and examination of potentially rabid
animals. Regulations re expedited appeal and hearing process re restraint or disposal of dogs. (a) Any owner or the agent of any owner of any domestic animal or
poultry, or the Chief Animal Control Officer or any animal control officer or any municipal animal control officer, regional animal control officer or any police officer or state
policeman, may kill any dog which he observes pursuing or worrying any such domestic
animal or poultry.
(b) Any person who is bitten, or who shows visible evidence of attack by a dog, cat
or other animal when such person is not upon the premises of the owner or keeper of
such dog, cat or other animal may kill such dog, cat or other animal during such attack.
Such person shall make complaint concerning the circumstances of the attack to the
Chief Animal Control Officer, any animal control officer or the municipal animal control
officer or regional animal control officer of the town wherein such dog, cat or other
animal is owned or kept. Any such officer to whom such complaint is made shall immediately make an investigation of such complaint.
(c) If such officer finds that the complainant has been bitten or attacked by such
dog, cat or other animal when the complainant was not upon the premises of the owner
or keeper of such dog, cat or other animal the officer shall quarantine such dog, cat or
other animal in a public pound or order the owner or keeper to quarantine it in a veterinary
hospital, kennel or other building or enclosure approved by the commissioner for such
purpose. When any dog, cat or other animal has bitten a person on the premises of the
owner or keeper of such dog, cat or other animal, the Chief Animal Control Officer,
any animal control officer, any municipal animal control officer or regional animal
control officer may quarantine such dog, cat or other animal on the premises of the
owner or keeper of such dog, cat or other animal. The commissioner, the Chief Animal
Control Officer, any animal control officer, any municipal animal control officer or any
regional animal control officer may make any order concerning the restraint or disposal
of any biting dog, cat or other animal as the commissioner or such officer deems necessary. Notice of any such order shall be given to the person bitten by such dog, cat or
other animal within twenty-four hours. The owner of such animal shall pay all fees as
set forth in section 22-333. On the fourteenth day of such quarantine the dog, cat or
other animal shall be examined by the commissioner or someone designated by the
commissioner to determine whether such quarantine shall be continued or removed.
Whenever any quarantine is ordered under the provisions of this section, notice thereof
shall be given to the commissioner and to the person bitten or attacked by such dog, cat
or other animal within twenty-four hours. Any owner or keeper of such dog, cat or other
animal who fails to comply with such order shall be fined not more than two hundred
fifty dollars or imprisoned not more than thirty days or both. If an owner or keeper fails
to comply with a quarantine or restraining order made pursuant to this subsection, the
Chief Animal Control Officer, any animal control officer, any municipal animal control
officer or regional animal control officer may seize the dog, cat or other animal to insure
such compliance and the owner or keeper shall be responsible for any expenses resulting
from such seizure. Any person aggrieved by an order of any municipal animal control
officer, the Chief Animal Control Officer, any animal control officer or any regional
animal control officer may request a hearing before the commissioner within fourteen
days of the issuance of such order. After such hearing, the commissioner may affirm,
modify or revoke such order as the commissioner deems proper. Any dog owned by a
police agency of the state or any of its political subdivisions is exempt from the provisions of this subsection when such dog is under the direct supervision, care and control
of an assigned police officer, has been vaccinated annually and is subject to routine
veterinary care.
(d) Any dog, while actually worrying or pursuing deer, may be killed by the Chief
Animal Control Officer or an animal control officer or by a conservation officer or
special conservation officer appointed by the Commissioner of Environmental Protection, or by any police officer or state policeman. The owner or keeper of any dog found
worrying or pursuing a deer shall be fined not less than twenty-five dollars nor more
than two hundred dollars or imprisoned not more than sixty days or both.
(e) Any person who kills any dog, cat or other animal in accordance with the provisions of this section shall not be held criminally or civilly liable therefor.
(f) The owner of any dog, cat or other animal which has bitten or attacked a person
and has been quarantined pursuant to subsection (c) of this section may authorize the
humane euthanization of such dog, cat or other animal by a licensed veterinarian at any
time before the end of the fourteenth day of such quarantine. Any such dog, cat or other
animal so euthanized before the end of the fourteenth day of quarantine shall be examined
for rabies by the Connecticut Department of Public Health virology laboratory or any
other laboratory authorized by the Department of Public Health to perform rabies examinations. The veterinarian performing the euthanasia shall be responsible for ensuring
that the head of the euthanized animal is delivered by him or his designated agent within
forty-eight hours to an appropriate laboratory designated by said department for rabies
examination.
(g) Not later than January 1, 2005, the Commissioner of Agriculture shall adopt
regulations, in accordance with the provisions of chapter 54, to provide for an expedited
appeal and hearing process regarding the restraint or disposal of dogs pursuant to this
section. Such regulations shall provide for a final determination by the commissioner
not later than sixty days after the filing of such appeals.
(1949 Rev., S. 3405; 1953, S. 1843d; 1963, P.A. 613, S. 28; February, 1965, P.A. 23, S. 1; 1969, P.A. 35; 81, S. 4;
1971, P.A. 725; P.A. 73-28; P.A. 79-290, S. 4; P.A. 83-71, S. 1; P.A. 84-546, S. 67, 173; P.A. 85-57, S. 1, 2; P.A. 89-161,
S. 6, 7; P.A. 91-46, S. 6, 12; 91-59, S. 16; 91-215, S. 2; P.A. 92-77, S. 1, 5; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21,
58; P.A. 98-12, S. 15, 22; P.A. 00-88, S. 1; P.A. 02-14, S. 2; P.A. 04-145, S. 3.)
History: 1963 act included references to regional wardens, substituted quarantine in veterinary hospital or kennel for
quarantine "in close confinement" in Subsec. (b) and doubled boarding fee and in Subsec. (c) empowered conservation
officers to kill dogs worrying or pursuing deer and added provision re penalty to be imposed on the owner or keeper of
such a dog; 1965 act revised Subsec. (b) so that quarantine provisions apply to attacks not on dog owner's premises and
provisions re commissioner's orders for restraint or disposal of dog apply to attacks on owner's premises, reversing previous
applications of provisions; 1969 acts replaced references to dog wardens with references to canine control officers where
necessary and in Subsec. (b) allowed quarantine of dog on owner's premises when attack occurred on those premises;
1971 act amended Subsec. (c) to allow resident state policemen to kill dog worrying or pursuing deer; P.A. 73-28 doubled
boarding fee in Subsec. (b); P.A. 79-290 required notification of person bitten when order given re restraint, disposal or
quarantine of dog and raised boarding fee from two to five dollars per day; P.A. 83-71 amended Subsec. (b) to add provision
specifying criteria for exemption of police dogs from quarantine requirements; P.A. 84-546 made technical changes to
section; P.A. 85-57 added Subsecs. (c) and (d) to restore language inadvertently omitted from the 1985 revision; P.A. 89-161 amended Subsec. (b) to add the language concerning the seizure of dogs whose owners fail to comply with quarantine
or restraining orders; P.A. 91-46 added Subsec. (e) concerning euthanasia and examination of potentially rabid dogs; P.A.
91-59 replaced references to "warden" and "regional canine control officer" with references to "municipal animal control
officer" and "regional animal control officer"; P.A. 91-215 rephrased Subsec. (b) to require that dog attacks be reported
and divided Subsec. (b) into Subsecs. (b) and (c) and changed subsequent Subsec. designators accordingly; P.A. 92-77
amended section to apply to cats and other animals, amended Subsecs. (a) and (d) to authorize police officers and state
police to kill dogs observed pursuing certain animals and made technical changes; P.A. 93-381 replaced department of
health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health, effective July 1, 1995; P.A. 98-12 changed "canine control officer" to "animal control officer", effective July 1,
1998; P.A. 00-88 amended Subsec. (c) by increasing the fine from twenty-five to two hundred fifty dollars and making
technical changes for the purposes of gender neutrality; P.A. 02-14 amended Subsec. (c) by requiring owner to pay all fees
set forth in Sec. 22-333 rather than five dollars per day plus other legal fees due, effective July 1, 2002; P.A. 04-145 added
Subsec. (g) requiring commissioner to adopt regulations re expedited appeal and hearing process re restraint or disposal
of dogs, effective May 21, 2004.
Subsec. (c):
See Sec. 26-82 re regulation of killing of deer.
Previous statutes discussed. 74 C. 8. Whether dog is worrying sheep is a question of fact. 84 C. 640. Killing held
unjustified. 139 C. 622. When a dog released by a municipality before the end of a fourteen-day quarantine period bites
another person, the municipality may be sued for liability in nuisance. 167 C. 464.
Cited. 17 CA 326, 327, 329, 330, 338.
Dog must be pursuing or worrying the fowl at the time he is killed; it is not enough that he has done so in the past. 18
CS 53.
The fact that defendant, a dog warden, was prosecuted for cruelly beating or unjustifiably injuring dog, not for killing
it, does not preclude him from claiming the benefit of this section. 3 Conn. Cir. Ct. 62.
Sec. 22-359. Control of rabies. (a) The commissioner may make such orders for
the adequate confinement, control or destruction of any dog, cat or other animal as he
deems necessary to prevent the spread of rabies and to protect the public therefrom
provided, notwithstanding the provisions of section 22-358, a local director of health
may order the destruction of any unowned animal which is not currently vaccinated for
rabies for the purpose of rabies testing if the director finds that the animal has bitten a
person and the health or life of such person may be threatened. Any person who fails
to comply with any order made under the provisions of this section shall be fined not
more than one hundred dollars. The commissioner, the Chief Animal Control Officer,
any animal control officer or any municipal animal control officer may quarantine any
animal in a public pound, veterinary hospital, kennel or other building or enclosure
approved by the commissioner for such purpose, if in the determination of the commissioner or such officer, such animal is rabid or is suspected of being rabid, or has been
bitten by, or may have been bitten by, or has been in contact with or exposed to, a
rabid animal or an animal suspected of carrying rabies or any wild animal as defined in
subsection (d) of this section. The length of such quarantine period shall be determined
by the commissioner or the State Veterinarian who shall take into account the age,
general health and vaccination history of the animal as well as current accepted veterinary practices. Any suspected or confirmed case of rabies shall be reported to the commissioner by a local director of health or board of health or any veterinarian within
twenty-four hours of receipt of such information.
(b) Any dog, cat or other animal held in quarantine which is clinically diagnosed
as rabid by two licensed veterinarians, at least one of whom shall be engaged in private
practice, shall be humanely euthanized immediately without prior notice to the owner
or keeper of same. No person who kills any animal in accordance with this subsection
shall be held criminally or civilly liable therefor.
(c) Any animal, other than a dog, which is quarantined pursuant to this section which
is not claimed by its owner or keeper within the period of such quarantine may be sold
by the municipal animal control officer, if he finds that the animal is in good health.
The animal may only be sold as a pet to a person who satisfies the officer that the animal
will be given a good home and proper care. The municipal animal control officer may
retain possession of such animal for such additional period of time as he may deem
advisable in order to place such animal. Any animal, other than a dog, which is quarantined pursuant to this section which is not claimed by its owner or keeper within the
period of such quarantine and which is not sold by the municipal animal control officer
within five days of the expiration of such quarantine may be disposed of at the direction
of the State Veterinarian. No person who disposes of any animal in accordance with
this subsection shall be held criminally or civilly liable therefor.
(d) The commissioner, any animal control officer or any state or municipal police
officer may immediately kill any wild animal which is displaying behavior which causes
the commissioner or such officer to reasonably conclude that such animal is rabid. For
purposes of this subsection, "wild animal" means any mammal which is ferae naturae
or wild by nature.
(1949 Rev., S. 3407; 1953, S. 1845d; 1963, P.A. 613, S. 29; 1969, P.A. 81, S. 4; P.A. 91-46, S. 7, 12; P.A. 92-77, S.
2, 5; P.A. 97-187, S. 2, 4; P.A. 98-12, S. 16, 22.)
History: 1963 act added provision empowering commissioner to order vaccination of all dogs in a municipality and
dividing cost between dog owners and state and rephrased provision re quarantine of rabid animals and those suspected
of being rabid or of having contact with other rabid animals; 1969 act replaced references to dog wardens with references
to canine control officers where necessary; P.A. 91-46 deleted requirement that the commissioner immediately investigate
certain reports of rabies, changed "dog" to "animal", included reference to vaccinations of cats and added provision
requiring that suspected or confirmed cases of rabies be reported within twenty-four hours; P.A. 92-77 amended Subsec.
(a) to authorize orders by the commissioner for control of rabies in cats and to expand circumstances under which the
commissioner may quarantine animals suspected of being rabid, deleting prior provisions re specific circumstances and
procedures for general vaccination orders, added new Subsecs. (b) to (d), inclusive, re euthanization of quarantined rabid
animals, re procedures for disposition of animals abandoned while in quarantine and re killing of wild animals suspected
of being rabid; P.A. 97-187 amended Subsec. (a) to authorize local directors of health to order destruction of certain animals
for purposes of controlling rabies, effective July 1, 1997; P.A. 98-12 changed "canine control officer" to "animal control
officer", effective July 1, 1998.
Sec. 22-359a. Clinic for vaccination against rabies. (a) On or before June first,
annually, the town clerk and the director of health of any municipality or health district,
in consultation with the municipal animal control officer of the municipality or the
regional animal control officer, may arrange for a low-cost clinic for the vaccination of
dogs and cats against rabies. Such clinic shall be conducted with the cooperation and
participation of a licensed veterinarian. The owner or keeper of a dog or cat vaccinated
at such clinic shall pay the cost of vaccination.
(b) The town clerk, municipal animal control officer of the municipality or regional
animal control officer may make provisions for the licensing of dogs vaccinated at an
antirabies clinic at the time of vaccination.
(P.A. 85-167, S. 5; P.A. 91-59, S. 17.)
History: P.A. 91-59 replaced references to "warden" and "regional canine control officer" with references to "municipal
animal control officer" and "regional animal control officer".
Sec. 22-359b. Rabies vaccine. A rabies vaccine used at an antirabies clinic shall
be administered in accordance with the recommendations of the United States Department of Agriculture.
(P.A. 85-167, S. 6; P.A. 91-59, S. 18; 91-407, S. 7, 42.)
History: P.A. 91-59 replaced references to "warden" and "regional canine control officer" with references to "municipal
animal control officer" and "regional animal control officer" in Subsec. (b); P.A. 91-407 deleted former Subsec. (b) re tag
for collar of vaccinated dog.
Secs. 22-359c and 22-359d. Certificate of rabies vaccination. Licensing and
vaccination of cats not required. Sections 22-359c and 22-359d are repealed.
(P.A. 85-167, S. 7, 8; P.A. 91-46, S. 11, 12; 91-59, S. 19.)
Sec. 22-359e. Tags and certificates indicating rabies vaccination. Any veterinarian who administers rabies vaccines to dogs and cats shall supply rabies vaccination
tags and certificates of vaccination as required by section 22-339c and shall issue such
tags and certificates to all dogs and cats vaccinated for rabies. Sponsors of rabies vaccination clinics shall also supply and issue rabies tags and vaccination certificates for all
dogs and cats vaccinated at such clinics. The tag shall be of metal and embossed with
the year of issue, name and address of the issuing veterinarian or sponsor of the vaccination clinic, and be serially numbered. The serial number shall be recorded on the vaccination certificate. The tag shall be of a size, color and shape that is plainly visible at a
reasonable distance for the purposes of inspection by a canine control officer, regional
canine control officer or warden of a municipality. The tag shall be distinguishable from
a dog license tag and shall be securely attached to the collar or harness of the dog in the
same manner as provided for license tags or plates under section 22-343. The veterinarian or sponsor of the vaccination clinic that has vaccinated such animals shall maintain
a sequential record of the rabies tag serial numbers and corresponding owners' names
for all vaccinated dogs and cats for a period of three years.
(P.A. 91-46, S. 4, 12.)
Secs. 22-360 and 22-361. Pasteur treatment. Examination of dog for rabies.
Sections 22-360 and 22-361 are repealed.
(1949 Rev., S. 3408, 3409; 1953, S. 1846d, 1847d; 1963, P.A. 613, S. 30, 34; P.A. 85-145, S. 2.)
Sec. 22-362. Annoyance by dogs on highway. Any person owning or having the
custody of any dog which habitually goes out on any highway and growls, bites, or snaps
at, or otherwise annoys, any person or domestic animal lawfully using such highway or
chases or interferes with any motor vehicle so using such highway, shall be fined not
less than twenty-five nor more than fifty dollars or imprisoned not more than thirty days
for the first offense or both and for each subsequent offense shall be fined not less than
fifty nor more than one hundred dollars or imprisoned not more than sixty days or both.
(1949 Rev., S. 3410; 1953, S. 1848d; 1963, P.A. 613, S. 31; 1969, P.A. 81, S. 4; P.A. 77-63, S. 1; P.A. 92-77, S. 3, 5.)
History: 1963 act deleted references to "commons", substituted "domestic animal" for "horse", made provisions applicable to owners of animals which chase or interfere with motor vehicles, replaced reference to "penalties imposed by section
22-367" with specific penalty and required that notice be given by wardens and filed with town officers rather than that
notice be given by prosecuting grand juror, trial justice or prosecuting attorney; 1969 act replaced references to dog wardens
with references to canine control officers where necessary; P.A. 77-63 deleted notice provision and deleted reference to
dogs accustomed to go on portions of highways adjacent to their owners' premises; P.A. 92-77 reworded some language
but made no substantive changes.