Connecticut Seal

General Assembly

 

Raised Bill No. 5795

February Session, 2006

 

LCO No. 3040

 

*03040_______ENV*

Referred to Committee on Environment

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING THE SPAYING, NEUTERING AND VACCINATION OF DOGS AND CATS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22-380e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

As used in sections 22-380e to 22-380m, inclusive:

(1) "Commissioner" means the Commissioner of Agriculture;

(2) "Program" means the animal population control program;

(3) "Account" means the animal population control account;

(4) "Participating veterinarian" means any veterinarian who has been certified to participate in the program by the commissioner;

(5) "Pound" means any state or municipal facility where impounded, quarantined or stray dogs and cats are kept or any veterinary hospital or commercial kennel where such dogs or cats are kept by order of a municipality;

(6) "Eligible [owner] person" means: [a]

(A) [person] A resident of this state who has purchased or adopted a dog or cat from a pound; [and who is a resident of this state;]

(B) A resident of this state who rescues free-roaming cats and has signed a form provided by the commissioner and issued by a registered nonprofit organization incorporated in this state certifying that cats presented for low-cost sterilization and vaccination, as provided in section 22-380i, as amended by this act, shall be free-roaming, delivered to the veterinarian in a humane trap and ear-tipped during the operation;

(C) A resident of this state who is recognized by a municipality as a keeper of free-roaming cats pursuant to section 22-339d, as amended by this act; or

(D) A resident of this state who is the owner or keeper of the dog or cat being spayed or neutered, has signed a consent form issued by the commissioner certifying that he or she is the owner or keeper and, if necessary, authorizing a designated person to present the dog or cat for the operation, and is a recipient of or eligible for one of the following public assistance programs or any other public assistance program determined by the commissioner to qualify as a low-income person:

(i) The food stamp program authorized by Title XIII of the federal Food and Agriculture Act of 1977, 7 USC 2011 et seq.;

(ii) The supplemental security income program authorized by Title XVI of the federal Social Security Act, 42 USC 1381 et seq.;

(iii) The federal Temporary Assistance for Needy Families Act authorized by 42 USC 601 et seq.; or

(iv) The Medicaid program authorized by Title IX of the federal Social Security Act, 42 USC 1381;

(7) "Medically unfit" means (A) unsuitable for a surgical procedure due to any medical condition that may place a dog or cat at life-threatening risk if a surgical procedure is performed on such animal, as determined by a participating veterinarian, or (B) unsuitable for sterilization due to insufficiency in age, as determined by a participating veterinarian, of a dog or cat under the age of six months;

(8) "Neuter" means the surgical procedure of castration on a male dog or cat;

(9) "Spay" means the surgical procedure of ovariohysterectomy on a female dog or cat; [and]

(10) "Voucher" means a nontransferable document provided by the commissioner and issued by a pound, the commissioner or a registered nonprofit organization incorporated in this state to an eligible [owner] person authorizing payment of a predetermined amount from the animal population control account to a participating veterinarian; and

(11) "Free-roaming cat" means a domestic cat that is not owned by a person.

Sec. 2. Section 22-380f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) No pound shall sell or give away any unspayed or unneutered dog or cat to any person unless such pound receives forty-five dollars from the person buying or adopting such dog or cat. Funds received pursuant to this section shall be paid quarterly by the municipality into the animal population control account established under section 22-380g, as amended by this act. At the time of receipt of such payment, the pound shall provide a voucher, for the purpose of sterilization and vaccination benefits, as provided in section 22-380i, as amended by this act, to the person buying or adopting such dog or cat. Such voucher shall be on a form provided by the commissioner and signed by the eligible owner. Such voucher shall become void after sixty days from the date of adoption unless a participating veterinarian certifies that the dog or cat is medically unfit for surgery. Such certification shall be on a form provided by the commissioner and specify a date by which such dog or cat may be fit for sterilization. If the surgery is performed more than thirty days after such specified date, the voucher shall become void. In the case of a dog or cat that has been previously sterilized or is permanently medically unfit for sterilization, as determined by a participating veterinarian, the voucher shall be void and the eligible owner may apply to the commissioner for a refund in the amount of forty-five dollars.

(b) Notwithstanding the provisions of subsection (a) of this section, no pound shall receive forty-five dollars from the Connecticut Humane Society for any unsterilized cat or dog that is given by such pound to the Connecticut Humane Society, provided such cat or dog is sterilized prior to the adoption of such animal from the Connecticut Humane Society. Such sterilization shall not be required if a licensed veterinarian certifies, in writing, that the animal is medically unfit for sterilization surgery.

(c) The Connecticut Humane Society shall submit a biannual report to the [Animal Population Control Fund] Commissioner of Agriculture that shall include, but not be limited to, the municipal facility from which any animal described in subsection (b) of this section was taken, the impound number of such animal, the species and gender of such animal, the date that the Connecticut Humane Society received the animal and the date of sterilization for such animal.

(d) Upon a finding that the Connecticut Humane Society has failed to comply with any provision of subsection (b) or (c) of this section, the Commissioner of Agriculture may terminate the Connecticut Humane Society's exemption from the payment of the forty-five-dollar fee required pursuant to subsection (a) of this section.

(e) An eligible person who receives public assistance may participate in the animal population control program established pursuant to section 22-380g, as amended by this act, if the person submits proof that he or she is an eligible person, signs and presents a voucher received from the Commissioner of Agriculture to a veterinarian participating in the program and pays the participating veterinarian a fee of ten dollars for a cat and twenty dollars for a dog.

(f) An eligible person who is a free-roaming cat rescuer may participate in the animal population control program with respect to the free-roaming cats if the person submits proof that he or she is an eligible person, presents a signed voucher received from a registered nonprofit corporation to a veterinarian participating in the program and pays the participating veterinarian a fee of ten dollars per cat.

(g) An eligible person recognized by a municipality as a free-roaming cat keeper pursuant to section 22-339d, as amended by this act, may participate in the animal population control program with respect to the free-roaming cats if the person submits proof that he or she is an eligible person, presents a signed voucher received from the commissioner to a veterinarian participating in the program, and pays the participating veterinarian a fee of ten dollars per cat.

Sec. 3. Section 22-380g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) The Commissioner of Agriculture shall (1) establish an animal population control program to provide for spaying and neutering services to eligible [owners of dogs and cats] persons, (2) establish an account to be known as the "animal population control account" that may contain any moneys required by law to be deposited in the account and any balance remaining in said account at the end of any fiscal year shall be carried forward in said account for the fiscal year next succeeding, and (3) create a standard dog licensing form and distribute said form to veterinarians who voluntarily agree to make such forms available for the convenience of dog owners and keepers. The commissioner shall use not more than seven hundred seventy thousand dollars in each fiscal year to provide low-cost sterilization and vaccination benefits, as provided by section 22-380i, as amended by this act, to eligible persons who have bought or received dogs or cats from pounds. The commissioner [may] shall set aside [up to forty] three hundred fifty thousand dollars for each fiscal year for the purpose of [providing assistance to charitable programs for the sterilization and vaccination of feral] sterilizing and vaccinating free-roaming cats.

(b) The commissioner may solicit and accept funds from any public or private source of help to carry out the goals of the program, including, but not limited to, the sterilization of [feral] free-roaming cats as provided in section 22-339d, as amended by this act.

(c) Any revenue collected pursuant to the provisions of sections 12-743, as amended by this act, 22-332, as amended by this act, 22-332d, as amended by this act, 22-333, as amended by this act, 22-338, as amended by this act, 22-350a, as amended by this act, 22-364, as amended by this act, 22-380f, as amended by this act, and 22-380l shall be deposited in the animal population control account. All money in the account shall be used by the commissioner exclusively for the implementation and promotion of the program and for the costs associated with the administration of the program provided not more than [one hundred eighty] three hundred thousand dollars may be expended for administrative costs per year.

(d) The commissioner may suspend the program for all eligible persons at any time that the amount of money available in the account is less than three hundred thousand dollars. The commissioner [may] shall reinstate the program when such amount is equal to or exceeds three hundred thousand dollars. The commissioner may suspend that portion of the program for eligible persons who have not bought or received dogs or cats from pounds at any time when the amount of money available in the account is less than four hundred thousand dollars. The commissioner shall reinstate the program for eligible persons who have not bought or received dogs or cats from pounds when such amount is equal to or exceeds four hundred thousand dollars.

Sec. 4. Section 22-380i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) The program established under section 22-380g, as amended by this act, shall provide for payment to any participating veterinarian of an amount equivalent to the voucher issued pursuant to section 22-380f, as amended by this act, for each animal sterilization and vaccinations, coincident with sterilization, performed by such veterinarian upon a dog or cat [owned] presented by an eligible [owner] person. For a sterilization procedure, such voucher shall be in the amount of one hundred twenty dollars for a female dog, one hundred dollars for a male dog, seventy dollars for a female cat and fifty dollars for a male cat. In the case of a sterilization fee exceeding the amount of the voucher, the eligible [owner] person shall pay the participating veterinarian the difference between such fee and the amount of the voucher. [Such voucher] A sterilization fee may not exceed the amount of the voucher unless the eligible person has bought or received a dog or cat from a pound. Vouchers shall be in the amount of twenty dollars, in addition to the amount designated for sterilization, for vaccinations coincident with the sterilization of a dog or cat [owned] presented by an eligible [owner] person.

(b) The program established under section 22-380g, as amended by this act, shall further provide for a payment to any participating veterinarian for the presurgical immunization of dogs against rabies, distemper, hepatitis, leptospirosis and parvovirus, or the presurgical immunization of cats against rabies, feline panleukopenia, calici, pneumonitis and rhinotracheitis, as the case may be, on animals not previously immunized. The payment shall be for no more than ten dollars for each immunization procedure and, in any case, not more than twenty dollars for one animal. Such veterinarian shall be paid by the commissioner upon the submission of a voucher, to be provided by the commissioner and signed by the veterinarian performing such operation and by the [owner] eligible person, stating that the animal has been immunized coincident with a spaying or neutering operation under the program.

(c) The participating veterinarian shall be paid by the commissioner for sterilization and coincident vaccinations of a dog or cat [owned] presented by an eligible [owner] person upon submission of the voucher issued pursuant to section 22-380f, as amended by this act, and signed by such veterinarian.

Sec. 5. Section 22-380j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

In the event that any person who submits any cat or dog for spaying or neutering to a participating veterinarian fails to retrieve such cat or dog within the time recommended by such participating veterinarian, such veterinarian shall transfer custody of such dog or cat to a state animal control officer, regional animal control officer or a municipal animal control officer, as defined in section 22-327. No participating veterinarian who has performed services provided for in sections 22-380e to 22-380m, inclusive, as amended by this act, shall be denied payment from the account due to any failure of an [owner of a dog or cat] eligible person to retrieve such dog or cat.

Sec. 6. Subsections (a) and (b) of section 12-743 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) Any taxpayer filing a return under this chapter may contribute any part of a refund under this chapter to (1) the organ transplant account established pursuant to section 17b-288, (2) the AIDS research education account established pursuant to section 19a-32a, (3) the endangered species, natural area preserves and watchable wildlife account established pursuant to section 22a-27l, (4) the breast cancer research and education account established pursuant to section 19a-32b, [or] (5) the safety net services account established pursuant to section 17b-112f, or (6) the animal population control account established pursuant to section 22-380g, as amended by this act, by indicating on the tax return, in a manner provided for by the Commissioner of Revenue Services pursuant to subsection (b) of this section, the amount to be contributed to the account.

(b) The Commissioner of Revenue Services shall revise the tax return form to implement the provisions of subsection (a) of this section which form shall include spaces on the return in which taxpayers may indicate their intention to make a contribution, in a whole dollar amount, in accordance with this section. The commissioner shall include in the instructions accompanying the tax return a description of the purposes for which the organ transplant account, the AIDS research education account, the endangered species, natural area preserves and watchable wildlife account, the breast cancer research and education account [and] the safety net account and the animal population control account were created.

Sec. 7. Subsection (c) of section 22-332 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(c) The town treasurer or other fiscal officer shall pay from the dog fund account the advertising expense incurred under the provisions of this section upon receipt of an itemized statement together with a copy of the advertisement as published. Any person who purchases a dog as a pet shall pay a fee of [five] twenty-five dollars and procure a license and tag for such dog from the town clerk, in accordance with the provisions of section 22-338, as amended by this act. Five dollars of said fee shall be paid by the town treasurer or other fiscal officer into the dog fund account. Fifteen dollars of said fee shall be paid by the town treasurer or other fiscal officer into the animal population control account established pursuant to 22-380g, as amended by this act.

Sec. 8. Section 22-332d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) Any animal control officer for a municipality which has adopted an ordinance under subsection (b) of section 22-339d, as amended by this act, may take into custody any cat found to be damaging property other than property of its owner or keeper or causing an unsanitary, dangerous or unreasonably offensive condition unless such cat can be identified as under the care of its owner or a registered keeper of [feral] free-roaming cats. The officer shall impound such cat at the pound serving the town where the cat is taken unless, in the opinion of a licensed veterinarian, the cat is so injured or diseased that it should be destroyed immediately, in which case the municipal animal control officer of such town may cause the cat to be mercifully killed by a licensed veterinarian or disposed of as the State Veterinarian may direct. The municipal animal control officer shall immediately notify the owner or keeper of any cat so taken, if known, of its impoundment. If the owner or keeper of any such cat is unknown, the officer shall immediately tag or employ such other suitable means of identification of the cat as may be approved by the Chief Animal Control Officer and shall promptly cause a description of such cat to be published once in the lost and found column of a newspaper having a circulation in such town.

(b) If such cat is not claimed by and released to the owner within seven days after the date of publication, the municipal animal control officer, upon finding such cat to be in satisfactory health, may have a licensed veterinarian spay or neuter any such cat and sell such cat to any person who satisfies such officer that he is purchasing it as a pet and that he can give it a good home and proper care. The municipal animal control officer may retain possession of such cat for such additional period of time as he may deem advisable in order to place such cat as a pet and may have a licensed veterinarian spay or neuter such cat. If, within such period, any cat is not claimed by and released to the owner or keeper or purchased as a pet, the officer shall cause such cat to be mercifully killed by a licensed veterinarian or disposed of as the State Veterinarian may direct. No person who so destroys a cat shall be held criminally or civilly liable therefor nor shall any licensed veterinarian who spays or neuters a cat pursuant to this section be held civilly liable, including, but not limited to, liability for reconstructive neutical implantation surgery.

(c) Any cat captured or impounded under the provisions of subsection (a) of this section shall be redeemed by the owner or keeper thereof, or the agent of such owner or keeper, upon proper identification, and presentation to the municipal animal control officer of a license, tag or other means of identification for such cat, and upon the payment by such owner or keeper or his agent of (1) if the cat is unsterilized, the redemption fee established by the municipality, [which shall not exceed fifteen dollars] provided the fee shall be not less than twenty-five dollars, and (2) the cost of advertising incurred under the provisions of subsection (a) of this section. Not less than twenty dollars of said fee shall be paid by the town treasurer or other fiscal officer into the animal population control account established pursuant to 22-380g, as amended by this act. Not less than five dollars of said fee shall be paid by the town treasurer or other fiscal officer into the dog fund account. A cat found at large shall be spayed or neutered not later than sixty days after being redeemed, except where the cat is already spayed or neutered, or the cat shall be impounded. When the owner or keeper of any [such] unsterilized impounded cat fails to redeem such cat within twenty-four hours after receiving notification to do so, or, where the owner or keeper was unknown, within twenty-four hours after notification was effected by means of publication in a newspaper, such owner or keeper shall pay, in addition to such [redemption] public safety fee and the cost of advertising, the amount determined by the municipality to be the full cost of detention and care of such impounded cat. In addition, any owner or keeper of any [such] unsterilized impounded cat who fails to redeem such cat within one hundred twenty hours after receiving notification to do so shall have committed an infraction. The legislative body of the municipality shall set any fees imposed by the municipality under this section, provided the fee for purchasing a cat for a pet shall be not less than twenty dollars. Five dollars of said fee shall be paid by the town treasurer or other fiscal officer into the dog fund account. Fifteen dollars of said fee shall be paid by the town treasurer or other fiscal officer into the animal population control account established pursuant to 22-380g, as amended by this act.

Sec. 9. Section 22-333 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

Any dog, cat or other animal captured or impounded under the provisions of this chapter shall be redeemed by the owner or keeper thereof, or the agent of such owner or keeper, upon proper identification, and, if the animal in question is a dog, upon presentation to the municipal animal control officer of a license and tag for such dog, and upon the payment by such owner or keeper or his agent of (1) the redemption fee established by the municipality, [which shall not exceed fifteen dollars] provided the fee shall be not less than twenty-five dollars, and (2) the cost of advertising incurred under the provisions of section 22-332, as amended by this act; provided no dog, cat or other animal seized for doing damage under the provisions of section 22-355, as amended, shall be released except upon written order of the commissioner, the Chief Animal Control Officer or an animal control officer. Not less than twenty dollars of said fee shall be paid by the town treasurer or other fiscal officer into the dog fund account. A dog found running at large shall be spayed or neutered not later than sixty days after being redeemed, except where said dog is already spayed or neutered, or the dog shall be impounded. When the owner or keeper of any such impounded dog, cat or other animal fails to redeem such dog, cat or other animal within twenty-four hours after receiving notification to do so, or, where the owner was unknown, within twenty-four hours after notification was effected by means of publication in a newspaper, such owner or keeper shall pay, in addition to such redemption fee and the cost of advertising, the amount determined by the municipality to be the full cost of detention and care of such impounded dog, cat or other animal. The owner or keeper of any dog, cat or other animal impounded for the purposes of quarantine, as set forth in sections 22-358, as amended, and 22-359, shall pay the amount determined by the municipality to be the full cost of detention and care of such quarantined animal. In addition, any owner or keeper of any such impounded dog, cat or other animal who fails to redeem such dog, cat or other animal within one hundred twenty hours after receiving notification to do so shall have committed an infraction. The legislative body of the municipality shall set any fees imposed by the municipality under this section.

Sec. 10. Section 22-334 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) On or before the tenth day of each month, each municipal animal control officer shall present to the chief administrative officer of the town a sworn statement of the services rendered by the municipal animal control officer in the performance of official duties during the previous month. The commissioner shall provide the forms for such statements and a copy of each such statement shall be forwarded to the commissioner by the chief administrative officer promptly upon receipt. Upon presentation of such statement, each municipal animal control officer, other than an officer employed on a salary basis, shall be paid by such city or town from the dog fund account (1) [five] ten dollars for each dog returned to its owner or sold as a pet and four dollars for each dog captured, impounded and killed, or otherwise disposed of as provided in this chapter, (2) such expenses as the appointing authority may approve, and (3) such other remuneration as the officers having jurisdiction thereof direct. Each municipal animal control officer employed on a salary basis shall be paid, in addition to a regular salary, a bonus of [one dollar] six dollars for each dog returned to its owner or sold as a pet. Each municipal animal control officer shall pay to the town treasurer or other fiscal officer [for deposit in the dog fund account] all moneys received by the officer in the performance of official duties. Each regional animal control officer shall pay to the commissioner for deposit with the State Treasurer all such moneys received by the officer. Such moneys shall be deposited in the dog fund account and credited to the town from which it was collected for purposes of payment of the amount due under subsection (b) of section 22-331a.

(b) On or before the tenth day of each month, any registered nonprofit corporation that has issued a low-cost sterilization and vaccination voucher to a free-roaming cat rescuer shall present to the Commissioner of Agriculture a signed statement, including, but not limited to, the number of vouchers issued, the dates of issue and the recipients of the vouchers.

Sec. 11. Subsection (a) of section 22-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) Each owner or keeper of a dog of the age of six months or older, except dogs kept under a kennel license as provided in section 22-342, shall cause such dog to be licensed in the town clerk's office in the town where such dog is kept, on or before June thirtieth, annually, or at such time as such dog becomes six months old, and annually thereafter, on or before June thirtieth. The owner or keeper shall pay to such town clerk for such license the sum of seven dollars for each neutered male or spayed female dog and the sum of twelve dollars for each unneutered male dog and each unspayed female dog, and one additional dollar in each case as the town clerk's fee for issuing a tag and license as provided in section 22-340. Two dollars from each license fee collected for a neutered or spayed dog shall be deposited into the [Animal Population Control Fund] animal population control account established pursuant to section 22-380g, as amended by this act. If an owner or keeper of a dog fails to procure a license as required by this section, such owner or keeper shall pay the appropriate license fee specified in this section, the town clerk's fee and a penalty of [one dollar] fifteen dollars for each month or fraction thereof the dog remains unlicensed after receipt of written notice from the town clerk pursuant to section 22-334, as amended by this act, not more than thirty dollars. If payment is not made to the town clerk on or before sixty days of written notice, the owner or keeper shall be subject to a fine of not more than fifty dollars. At no time shall the owner or keeper be relieved of proper licensing of the dog as required by section 22-338, as amended by this act. Fifteen dollars of any fines paid pursuant to this subsection shall be paid to the town treasurer or other fiscal officer into the animal population control account.

Sec. 12. Section 22-339c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) A certificate of rabies vaccination shall be (1) a Form 50 approved by the National Association of Public Health Veterinarians, (2) any form approved by the State Veterinarian or (3) any form that has the following information regarding the vaccinated animal: (A) The name and address of [its] the owner or keeper; (B) a description of the animal [which] that specifies [its] the species, breed, age, color or markings and sex of the animal; (C) the date of the vaccination, the duration of the immunity provided by the vaccination, the producer of the vaccine and the vaccine serial number; (D) the rabies tag number; and (E) the signature and license number of the veterinarian administering the vaccination. Such certificate shall be the official proof of rabies vaccination submitted to a town clerk in accordance with the provisions of this section and section 22-338, as amended by this act, or 22-339a.

(b) A veterinarian, at the time of vaccinating a dog, shall complete a rabies certificate in triplicate. The veterinarian shall distribute the original copy to the owner or keeper of the dog and one copy to the town or city clerk where the dog is kept, and shall retain one copy for the veterinarian's records. Upon receipt of a copy of a rabies certificate, the town clerk shall send written notice to the owner or keeper of an unlicensed dog in accordance with the licensing requirements provided for in section 22-338, as amended by this act. If the owner or keeper of the unlicensed dog fails to license the dog not later than thirty days after receipt of the notice, the town clerk shall notify the municipal or regional animal control officer of a violation of section 22-338, as amended by this act. The names and addresses of dog owners and keepers listed on rabies certificates received by town clerks shall not be made public and shall be used for no other purpose than to enforce the licensing requirements provided for in section 22-338, as amended by this act.

[(b)] (c) The owner or keeper of a dog or cat shall keep a certificate, or copy thereof, stating that such dog or cat has been vaccinated against rabies and shall make such certificate or copy available to any animal control officer, regional animal control officer or municipal animal control officer of any municipality for inspection.

[(c)] (d) An antirabies clinic, upon request of any municipal animal control officer or animal control officer, shall submit to such officer a copy of any such certificate issued. Such copy shall be used by the officer to search for unlicensed dogs in accordance with the provisions of section 22-349, as amended by this act.

Sec. 13. Section 22-339d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) A municipality may adopt an ordinance requiring the [registration, within one year of the adoption of such ordinance,] registration of keepers of [feral] free-roaming cats in residential or commercial areas. Such ordinance shall require that any such keeper shall register with the animal control officer for such municipality who shall provide information to the registrant regarding the proper care and management of [feral] free-roaming cats. For purposes of this section, ["feral cat"] "free-roaming" means a [free-roaming] domestic cat which is not owned and "keeper" means any person or organization, harboring, regularly feeding or having in his or its possession any [feral] free-roaming cat. Refusal to permit any animal control officer to impound a [feral] free-roaming cat shall be deemed evidence of keeping. Such ordinance shall require that such keepers shall provide for the vaccination of such cats against rabies and the sterilization of such cats. Such keeper shall be considered an eligible [owner] person for purposes of the animal population control program established under sections 22-380e to 22-380m, inclusive, as amended by this act. [provided such cats are adopted from a municipal pound.]

(b) A municipality may adopt an ordinance providing that no person owning or keeping any cat shall permit such animal to (1) substantially damage property other than the property of the owner or keeper, or (2) cause an unsanitary, dangerous or unreasonably offensive condition. Violation of such provision shall be an infraction.

(c) A municipality and an officer or employee of a municipality that, in order to control cat overpopulation, adopts an ordinance for the registration of free-roaming cat keepers pursuant to section 22-339d, as amended by this act, shall be immune from criminal and civil liability, except for wilful and wanton misconduct, for damages resulting from a free-roaming cat. A municipality and an officer or employee of a municipality that allows a dog park shall be immune from criminal and civil liability, except for wilful and wanton misconduct, for damages resulting from the use of the park by dogs.

(d) A veterinarian who sterilizes free-roaming cats and a keeper of free-roaming cats who is recognized by a municipality pursuant to section 22-339d, as amended by this act, shall be immune from criminal and civil liability, except for wilful and wanton misconduct, for damages that may result from his or her act or omissions.

Sec. 14. Subsection (b) of section 22-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(b) The town clerk shall provide for the issuance and renewal through the mail of licenses issued under sections 22-338, as amended by this act, and 22-339, as amended by this act. The town clerk [may] shall make applications for such licenses available at such facilities as kennels, pet stores, veterinarian offices, humane society offices and pet grooming establishments.

Sec. 15. Section 22-349 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

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] the name and address of the owner or keeper of each unlicensed dog. 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, as amended by this act. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing procedures for such search. If the owner or keeper 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. No municipal or regional animal control officer may make public the name or address of any dog owner or keeper provided by a town clerk pursuant to the requirements of this section or use such name or address for any purpose other than to enforce the licensing requirements provided for in section 22-338, as amended by this act.

Sec. 16. Section 22-350a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

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. One-quarter of a fine levied pursuant to this section shall be paid by the town treasurer or other fiscal officer into the dog fund account, and one-quarter of the fine shall be paid into the animal population control account established pursuant to section 22-380g, as amended by this act.

Sec. 17. Section 22-364 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) No owner or keeper of any dog shall allow such dog to roam at large upon the land of another and not under control of the owner or keeper or the agent of the owner or keeper, nor allow such dog to roam at large on any portion of any public highway and not attended or under control of such owner or keeper or his agent, provided nothing in this subsection shall be construed to limit or prohibit the use of hunting dogs during the open hunting or training season. The unauthorized presence of any dog on the land of any person other than the owner or keeper of such dog or on any portion of a public highway when such dog is not attended by or under the control of such owner or keeper, shall be prima facie evidence of a violation of the provisions of this subsection. Violation of any provision of this subsection shall be an infraction and be fined not less than forty dollars.

(b) Any owner or keeper of any dog who, knowing of the vicious propensities of such dog and having violated the provisions of subsection (a) of this section within the preceding year, intentionally or recklessly violates the provisions of subsection (a) of this section shall be fined not more than one thousand dollars or be imprisoned not more than six months, or both, if such dog, while roaming at large, causes physical injury to another person and such other person was not teasing, tormenting or abusing such dog.

(c) One-quarter of a fine levied pursuant to this section shall be paid by the town treasurer or other fiscal officer into the dog fund account, and one-quarter of the fine shall be paid into the animal population control account established pursuant to section 22-380g, as amended by this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2006

22-380e

Sec. 2

October 1, 2006

22-380f

Sec. 3

October 1, 2006

22-380g

Sec. 4

October 1, 2006

22-380i

Sec. 5

October 1, 2006

22-380j

Sec. 6

October 1, 2006

12-743(a) and (b)

Sec. 7

October 1, 2006

22-332(c)

Sec. 8

October 1, 2006

22-332d

Sec. 9

October 1, 2006

22-333

Sec. 10

October 1, 2006

22-334

Sec. 11

October 1, 2006

22-338(a)

Sec. 12

October 1, 2006

22-339c

Sec. 13

October 1, 2006

22-339d

Sec. 14

October 1, 2006

22-340(b)

Sec. 15

October 1, 2006

22-349

Sec. 16

October 1, 2006

22-350a

Sec. 17

October 1, 2006

22-364

Statement of Purpose:

To provide low-cost dog and cat sterilization and vaccination benefits to a broader population and to increase the amount and number of fees and fines that are deposited into the animal population control account.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]