AN ACT CONCERNING DAMAGE BY ROAMING LIVESTOCK AND DOGS

The bill broadens the circumstances under which a livestock owner or keeper is liable for damage his animals cause and it establishes a procedure for dealing with dogs that attack domestic animals.

Under current law, a livestock owner or keeper is responsible for such damage only when the fence of the owner of the damaged land is sufficient (with a few exceptions). The bill makes an owner or keeper liable for all damage that his animals cause to another person’s property, except when the agriculture commissioner determines the animal owner’s fence was sufficient and natural or malicious acts disrupted it. Existing law makes owners or keepers liable for all damage their domestic fowl cause.

The bill allows a municipal animal control officer (ACO) to impound roaming livestock or domestic fowl and recover reasonable costs associated with their feeding and care from the owner or keeper. The agriculture commissioner may assist with impoundment, care, or feeding, if the ACO asks. Existing law does not specify that domestic fowl can be impounded.

The bill applies laws similar to those for when a dog bites a person to a scenario when a dog attacks certain domestic animals. It requires (1) the owner of certain domestic animals to inform an ACO of a dog attack and (2) the ACO to immediately investigate. If the ACO finds the dog attacked the domestic animal away from the dog owner’s or keeper’s premises, the ACO must quarantine the dog or order its owner or keeper to do so. Under the bill, the commissioner or an ACO may make an order concerning the restraint or disposal of such an attacking dog. The bill lays out notice and other requirements. It exempts dogs owned by a state or local police agency from its provisions under certain conditions.

The bill exempts both livestock and domestic fowl owners or keepers from liability if the agriculture commissioner determines that the fence or barrier used to enclose the animals was sufficient to control them and was damaged either by (1) natural acts the owner of keeper could not control or (2) criminal or other malicious acts, including vandalism, trespass, or other intentional acts not under control of the owner or keeper.

Under the bill, the agriculture commissioner or his designee may assist the ACO with the impoundment, feeding, and care of the livestock or fowl, if the ACO requests it. An ACO impounding fowl or livestock for damaging another’s property must make a reasonable effort to notify the owner or keeper of the impoundment.

The bill specifies that (1) domestic fowl include ostriches and emus and (2) livestock include cervids (e. g. , deer), camelids (e. g. , llamas), buffalo, cattle, equines (horses), asses, mules, sheep, swine (hogs), and goats.

Under the bill, if a dog damages anyone's sheep, goats, horses, hogs, cattle, poultry, or domestic rabbits that are kept in enclosures, the aggrieved animal owner must notify a state or local ACO. The ACO who receives the complaint must immediately investigate it.

If the ACO finds that the complainant's domestic animal was bitten or attacked by the dog outside of the premises of the dog owner or keeper, the officer must quarantine the dog in a public pound or order the dog owner or keeper to quarantine it in a veterinary hospital, kennel, or other building or enclosure approved by the agriculture commissioner.

The dog owner must pay all fees for the dog’s care while it is impounded. On the 14th day of quarantine, the commissioner or his designee must examine the dog to determine whether to continue or end the quarantine. Whenever quarantine is ordered in such an instance, notice must be given to the commissioner and complainant within 24 hours.

The commissioner or any ACO may make any order they deem necessary concerning the restraint or disposal of an attacking dog. They must give notify the dog owner of any order within 24 hours.

Any dog owned by a state or local police agency state is exempt from the quarantine and seizure provisions above when it is (1) under the direct supervision, care, and control of an assigned police officer; (2) has been vaccinated annually; and (3) is subject to routine veterinary care.

Under the bill, any owner or keeper of an attacking dog who fails to comply with an order may be fined up to $ 250, imprisoned up to 30 days, or both. If the owner or keeper fails to comply with a quarantine or restraining order, the ACO may seize the dog to ensure compliance, and the owner or keeper is responsible for any expenses resulting from the seizure.

Anyone aggrieved by an ACO’s order (but apparently not an order of the commissioner) may request a hearing before the commissioner no later than 14 days after the order is issued. After the hearing, the commissioner may affirm, modify, or revoke the order as he deems proper.

By law, an ACO must quarantine a dog that has bitten someone outside its owner's property. The dog must be quarantined for 14 days in a public pound, veterinary hospital, or place approved by the agriculture commissioner. The purpose of the quarantine is to assure the animal does not have rabies and to examine the dog’s demeanor. The owner must pay all fees associated with quarantining the animal. The ACO may quarantine the dog on the premises if it has bitten someone on its owner's property. The ACO must give the person the dog bit and the commissioner notice of the quarantine within 24 hours. The commissioner or his designee must examine the dog on the 14th day of the quarantine to determine whether it should continue (CGS §22-358).

Under existing law, an animal owner must pay for damage his animals cause when they damage the property of another person whose fence was sufficient. If the fence of a person whose property is damaged by another’s animal is insufficient, he cannot recover damages, except when (1) the animals are at large against the law, (2) the damage was done by unruly cattle not restrained by ordinary fences, (3) the animal owner puts the animals onto the other person’s property voluntarily (voluntary trespasses on the enclosure), or (4) the animals entered through a portion of the fence that was sufficient. In all of the previous four examples, the landowner may impound the animals and recover poundage and damages. The courts have determined what makes a fence sufficient (CGS § 47-55).

By law, dogs are prohibited from roaming at large on someone else's land or public road (CGS § 22-364). An owner of livestock or poultry who sees a dog at large may report the dog to the local ACO. The ACO may impound the dog and issue the owner an infraction (CGS §§ 22-332 and 364).

If a domestic animal or poultry owner or his agent observes a dog pursuing or worrying his animals, he may kill the dog without civil or criminal liability (CGS § 22-358). “Poultry” is defined as all domestic fowl and any pheasants or other game birds securely confined that someone lawfully owns and possesses (CGS § 22-327).

If the owner has already lost domestic animals, such as poultry, to a dog, he may report the loss to the town's chief administrative official within 24 hours, and the town must reimburse him for the estimated value of the animals lost. The town may recover that amount plus other expenses from the dog's owner or keeper (CGS § 22-355). A dog's owner or keeper may be civilly liable to anyone injured by his dog or whose property the dog damages, so long as the injured person was not trespassing or teasing the dog (CGS § 22-357).

On April 15, the Senate referred the bill (File 212) to the Planning and Development Committee. On April 20, the committee favorably reported a substitute bill that made the commissioner’s assistance in livestock impoundment permissive. On May 11, the Senate referred the bill (File 633) to the Judiciary Committee. On May 16, the committee favorably reported a substitute bill that added the provisions concerning dogs that cause damage to domestic animals.

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