Sec. 22-334. Municipal animal control officer's fees.
Sec. 22-336a. Municipal or regional dog pounds. Standards. Enforcement.
Sec. 22-347. Use of license fees.
Sec. 22-348. Allocation of license fees to The University of Connecticut. Balance to towns.
Sec. 22-364. Dogs or livestock roaming at large. Intentional or reckless subsequent violation.
Sec. 22-364b. Control of dogs in proximity to service animals.
Sec. 22-367. General penalty. Enforcement.
Sec. 22-329a. Seizure and custody of neglected or cruelly treated animals. Vesting of ownership of animal. Animal abuse cost recovery account. (a) Any animal control officer or regional animal control officer appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, may take physical custody of any animal when such animal control officer has reasonable cause to believe that such animal is in imminent harm and is neglected or is cruelly treated in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251, 53-252 or 53a-73b, and, not later than ninety-six hours after taking physical custody, shall proceed as provided in subsection (c) of this section, except that if, in the opinion of a licensed veterinarian or the State Veterinarian, at any time after physical custody of such animal is taken, such animal is so injured or diseased that it should be euthanized immediately, such officer may have such animal humanely euthanized by a licensed veterinarian.
(b) Any animal control officer or regional animal control officer appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, may take physical custody of any animal upon issuance of a warrant finding probable cause that such animal is neglected or is cruelly treated in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251, 53-252 or 53a-73b, and shall thereupon proceed as provided in subsection (c) of this section except that if, in the opinion of a licensed veterinarian or the State Veterinarian, at any time after physical custody of such animal is taken, such animal is so injured or diseased that it should be euthanized immediately, such officer may have such animal humanely euthanized by a licensed veterinarian.
(c) Such officer shall file with the superior court which has venue over such matter or with the superior court for the judicial district of Hartford at Hartford a verified petition plainly stating such facts of neglect or cruel treatment as to bring such animal within the jurisdiction of the court and praying for appropriate action by the court in accordance with the provisions of this section. Upon the filing of such petition, the court shall cause a summons to be issued requiring the owner or owners or person having responsibility for the care of the animal, if known, to appear in court at the time and place named.
(d) If physical custody of an animal has been taken pursuant to subsection (a) or (b) of this section and it appears from the allegations of the petition filed pursuant to subsection (c) of this section and other affirmations of fact accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find that the animal's condition or the circumstances surrounding its care require that temporary care and custody be immediately assumed to safeguard its welfare, the court shall either (1) issue an order to show cause why the court should not vest in some suitable state, municipal or other public or private agency or person the animal's temporary care and custody pending a hearing on the petition, or (2) issue an order vesting in some suitable state, municipal or other public or private agency or person the animal's temporary care and custody pending a hearing on the petition. A hearing on the order issued by the court pursuant to subdivision (1) or (2) of this subsection shall be held not later than fourteen days after the issuance of such order. The service of such order may be made by any officer authorized by law to serve process, state police officer or indifferent person and shall be served not less than forty-eight hours prior to the date and time of such hearing. If the owner or owners or person having responsibility for the care of the animal is not known, notice of the time and place of the hearing shall be given by publication in a newspaper having a circulation in the town in which such officer took physical custody of such animal not less than forty-eight hours prior to the date and time of such hearing.
(e) If physical custody of an animal has not been taken pursuant to subsection (a) or (b) of this section, and such officer has reasonable cause to believe that an animal is neglected or is cruelly treated in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, such officer may file a petition with the superior court which has venue over such matter or with the superior court for the judicial district of Hartford at Hartford, plainly stating such facts of neglect or cruel treatment as to bring the animal within the jurisdiction of the court and praying for appropriate action by the court to ensure the welfare of the animal, including, but not limited to, physical removal and temporary care and custody of the animal, an order to compel the owner of any such animal to provide care in a manner that the court determines is necessary, authorization of an animal control officer or regional animal control officer appointed pursuant to section 22-328, 22-331 or 22-331a, as applicable, or a licensed veterinarian to provide care for the animal on site, vesting of ownership of the animal, the posting of a bond in accordance with subsection (f) of this section and the assessment of costs in accordance with subsection (h) of this section. Upon the filing of such petition, the court shall cause a summons for an order to show cause to be issued requiring the owner or owners or person having responsibility for the care of the animal, if known, to appear in court at the time and place named. If the owner or owners or person having responsibility for the care of the animal is not known, notice of the time and place of the hearing shall be given by publication in a newspaper having a circulation in the town where the animal is located not less than forty-eight hours prior to the date and time of the hearing. If it appears from the allegations of the petition filed pursuant to this subsection and other affirmations of fact accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find that the animal's condition or the circumstances surrounding its care require the immediate removal of the animal from the owner or owners or person having responsibility for the care of the animal to safeguard its welfare, the court shall issue an order vesting in some suitable state, municipal or other public or private agency or person the animal's temporary care and custody pending a hearing on the petition which hearing shall be held not later than ten days after the issuance of such order for such temporary care and custody. The service of such order may be made by any officer authorized by law to serve process, state police officer or indifferent person and shall be served not less than forty-eight hours prior to the date and time of such hearing.
(f) If the court issues an order vesting the animal's temporary care and custody in some suitable state, municipal or other public or private agency or person, the owner or owners shall either relinquish ownership of the animal or post a cash bond with the agency or person in whom the animal's temporary care and custody was vested or with such agency's counsel of record in the case. The cash bond shall be in the amount of one thousand dollars for each animal placed in the temporary care or custody of such agency or person and shall secure payment for the reasonable expenses of the agency or person having temporary care and custody of the animal in caring and providing for such animal until the court makes a finding as to the animal's disposition under subsection (g) of this section. The requirement that a bond be posted may be waived if such owner provides satisfactory evidence that such owner is indigent and unable to pay for such bond.
(g) (1) If, after hearing, the court finds that the animal is neglected or cruelly treated, it shall vest ownership of the animal in any state, municipal or other public or private agency which is permitted by law to care for neglected or cruelly treated animals or with any person found to be suitable or worthy of such responsibility by the court.
(2) If, after hearing, the court finds that the animal is so injured or diseased that it should be humanely euthanized, the court may order that such animal be humanely euthanized by a licensed veterinarian.
(3) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it may cause the animal to be returned to its owner or owners or person having responsibility for its care or, if such owner or owners or person is unknown or unwilling to resume caring for such animal, it may vest ownership of the animal in any state, municipal or other public or private agency or person found to be suitable or worthy of such responsibility.
(4) If the court makes a finding under subdivision (1) or (2) of this subsection less than thirty days after the issuance of an order of temporary care and custody and the owner of the animal has posted a bond, the agency or person with whom the bond was posted shall return the balance of such bond, if any, to the owner. The amount of the bond to be returned to the owner shall be calculated at the rate of fifteen dollars per day per animal or twenty-five dollars per day per animal if the animal is a horse or other large livestock for the number of days less than thirty that such agency or person has not had temporary care and custody of the animal less any veterinary costs and expenses incurred for the welfare of the animal.
(5) If the court makes a finding under subdivision (3) of this subsection after the issuance of an order of temporary care and custody and the owner of the animal has posted a bond, the agency or person with whom the bond was posted shall return such bond to such owner.
(h) If the court finds that the animal is neglected or cruelly treated, the expenses incurred by the state or a municipality in providing proper food, shelter and care to an animal it has taken custody of under subsection (a) or (b) of this section and the expenses incurred by any state, municipal or other public or private agency or person in providing temporary care and custody pursuant to an order vesting temporary care and custody, calculated at the rate of twenty dollars per day per animal or thirty dollars per day per animal if the animal is a horse or other large livestock until the date ownership is vested pursuant to subdivision (1) of subsection (g) of this section shall be paid by the owner or owners or person having responsibility for the care of the animal. In addition, all veterinary costs and expenses incurred for the welfare of the animal shall be paid by the owner or owners or person having responsibility for the animal.
(i) If the court vests ownership of the animal in the Commissioner of Agriculture or a municipality, the commissioner or the municipality may conduct or participate in a public auction of the animal under such conditions the commissioner or the municipality deems necessary or the commissioner or the municipality may consign the animal to an auction or sell the animal through an open advertised bid process whereby bid price and demonstration of sufficient knowledge and ability to care for such animal are factors for the commissioner's or municipality's consideration. All moneys collected from the sale of animals sold by the Commissioner of Agriculture through such open advertised bid process shall be deposited in the animal abuse cost recovery account established in subsection (j) of this section. All moneys collected from the sale of animals sold by a municipality through such open advertised bid process shall be deposited by the town treasurer or other fiscal officer in the town's general fund. The commissioner or the municipality may also vest ownership of any such animal in an individual or a public or private nonprofit animal rescue or adoption organization.
(j) There is established a separate, nonlapsing account within the General Fund, to be known as the “animal abuse cost recovery account”. All moneys collected from sales at public auction of animals seized by the Department of Agriculture pursuant to this section shall be deposited into the account. Deposits of moneys may be made into the account from public or private sources, including, but not limited to, the federal government or municipal governments.
(k) Notwithstanding any provision of the general statutes, any moneys received by the Department of Agriculture pursuant to subsection (j) of this section shall be deposited in the General Fund and credited to the animal abuse cost recovery account. The account shall be available to the Commissioner of Agriculture for the purpose of the housing, care and welfare of any animal seized by the department, until final disposition of such animal. Additionally, the account may be used for the purpose of providing reimbursement to any municipality for the costs of providing temporary care to such animal if such temporary care exceeded thirty days in duration and such costs exceeded the amount of any surety bond or cash bond posted pursuant to subsection (f) of this section provided the total annual reimbursement to municipalities from said account for such purpose shall not exceed twenty-five thousand dollars. Nothing in this section shall prevent the commissioner from obtaining or using funds from sources other than the account for the housing, care and welfare of any animal seized by the department pursuant to this section.
(P.A. 95-358, S. 2; P.A. 98-12, S. 6, 22; P.A. 04-145, S. 1; P.A. 07-230, S. 1; P.A. 12-20, S. 1; P.A. 14-205, S. 1; P.A. 21-90, S. 4; P.A. 23-17, S. 1; 23-149, S. 5.)
History: P.A. 98-12 changed “canine control officer” to “animal control officer” in Subsec. (a), effective July 1, 1998; P.A. 04-145 made a technical change in Subsec. (d) and added Subsecs. (g) authorizing commissioner to conduct public auction of animal and vest ownership of animal in public or private nonprofit animal rescue or adoption organization, (h) and (i) re animal abuse cost recovery account and (j) requiring annual report to General Assembly, effective May 21, 2004; P.A. 07-230 substantially revised section, including amending Subsec. (a) to replace authority of animal control officer to “lawfully take charge of any animal found neglected or cruelly treated” with authority to “take physical custody of any animal when such animal control officer has reasonable cause to believe that such animal is in imminent harm and is neglected or cruelly treated”, require officer to proceed as provided in Subsec. (c) not later than 96 hours after taking physical custody and authorize State Veterinarian, in addition to licensed veterinarian, to opine that the animal “at any time after physical custody of such animal is taken” is so injured or diseased that it should be destroyed immediately, adding new Subsec. (b) re taking physical custody of animal upon issuance of a warrant, redesignating existing Subsec. (b) as Subsec. (c) and amending same to allow petition to be filed with superior court for the judicial district of Hartford at Hartford, require petition to state such facts “of neglect or cruel treatment” as to bring the animal within jurisdiction of the court and delete provisions re service of summons and notice of hearing, redesignating existing Subsec. (c) as Subsec. (d) and amending same to revise process for assumption of temporary care and custody of the animal, adding new Subsec. (e) re process when animal control officer files a petition praying for court action to ensure the welfare of the animal when physical custody has not been taken pursuant to Subsec. (a) or (b), redesignating existing Subsec. (d) as Subsec. (f) and amending same to increase amount of required bond from $450 to $500 and provide that such bond shall secure payment of reasonable expenses until the court makes a finding as to the animal's disposition rather than until the court makes a finding as to the animal's disposition “or for thirty days, whichever occurs first”, redesignating existing Subsec. (e) as Subsec. (g) and amending same to provide in Subdiv. (1) that the court “shall”, rather than “may”, vest ownership in agency if it finds the animal is neglected or cruelly treated, provide in Subdiv. (4) that amount of the bond returned to owner shall be calculated at $15 per day per animal or $25 per day per animal if the animal is a horse or other large livestock, less veterinary costs and expenses, rather than $15 per day, redesignating existing Subsec. (f) as Subsec. (h) and amending same to provide that amount owner must pay for temporary care and custody of the animal shall be calculated at $15 per day per animal or $25 per day per animal if the animal is a horse or other large livestock, rather than $15 per day, and require owner or person having responsibility for the animal to pay all veterinary costs and expenses not covered by the per diem rate, redesignating existing Subsec. (g) as Subsec. (i) and amending same to authorize municipality in which ownership of an animal has been vested to conduct a public auction of the animal, authorize commissioner or municipality to “participate in” a public auction, authorize commissioner or municipality to sell the animal through an open advertised bid process and provide that moneys collected from sale through such bid process shall be deposited in animal abuse cost recovery account if sold by commissioner and in town's general fund if sold by municipality, redesignating existing Subsecs. (h) and (i) as Subsecs. (j) and (k), respectively, and amending same to replace “domestic animals” or “domestic animal” with “animals” or “animal”, respectively, and deleting existing Subsec. (j) requiring commissioner to annually report to certain legislative committees re activities and status of animal abuse cost recovery account; P.A. 12-20 amended Subsec. (i) by deleting conditions re commissioner's or municipality's authority to vest ownership of animal in an individual or certain animal rescue or adoption organizations; P.A. 14-205 amended Subsec. (f) by adding provision re bond in the amount of $500 for each animal placed in temporary care or custody of agency or person and amended Subsec. (k) by adding provision allowing account to be used for providing reimbursement to municipality for costs of providing temporary care to animal if temporary care exceeded 30 days and costs exceeded amount of bond posted, effective June 13, 2014; P.A. 21-90 amended Subsecs. (a) and (b) by changing references from the Chief Animal Control Officer and any animal control officer or municipal or regional animal control officer to any appointed animal control officer or regional animal control officer, and replacing “destroyed” with “euthanized” and “humanely destroy or cause such animal to be humanely destroyed” with “have such animal humanely euthanized by a licensed veterinarian”, amended Subsec. (e) by replacing “the Chief Animal Control Officer, any animal control officer or any municipal or regional animal control officer” with “such officer”, adding reference to appointed regional animal control officer and making a conforming change, and amended Subsec. (g)(2) by replacing “destroyed” with “humanely euthanized” and replacing provision re court order to destroy animal with provision re court order to euthanize animal by licensed veterinarian, effective June 28, 2021; P.A. 23-17 amended Subsec. (e) to add provision re an order to compel owner to provide care in a manner determined to be necessary, Subsec. (f) to add reference to such agency's counsel of record and Subsec. (h) to increase rates from $15 and $25 dollars per day per animal, respectively, to $20 and $30 per day per animal, respectively, effective June 7, 2023; P.A. 23-149 amended Subsecs. (a) and (b) by adding references to Sec. 53a-73b and by making conforming changes.
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Sec. 22-329c. Law enforcement officer's or animal control officer's authority to take possession of sexually assaulted animal. A law enforcement officer or animal control officer authorized under section 22-329a, investigating an alleged violation of section 53a-73b may lawfully take possession of an animal when such officer has a reasonable belief that the animal was sexually assaulted in violation of section 53a-73b in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the alleged offense. Any animal, whether dead or alive, taken into possession pursuant to this section shall be promptly transported to an animal shelter or veterinary hospital to be examined by a licensed veterinarian for care and treatment and to preserve evidence of any alleged violation of section 53a-73b.
(P.A. 23-149, S. 4.)
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Sec. 22-334. Municipal animal control officer's fees. On or before the tenth day of each month, each municipal animal control officer shall report their services rendered in the performance of their official duties for the previous month to the Commissioner of Agriculture and the chief administrative officer for the town or region in which such services were rendered. The commissioner shall prescribe and provide the forms for such statements.
(1949 Rev., S. 3381; 1951, S. 712b; 1953, S. 1819d; 1957, P.A. 440, S. 1; 1963, P.A. 613, S. 7; 1969, P.A. 81, S. 4; P.A. 79-290, S. 2, 5; P.A. 82-101, S. 1, 3; P.A. 87-231, S. 1, 2; P.A. 91-59, S. 9; P.A. 93-435, S. 37, 95; P.A. 23-17, S. 2.)
History: 1963 act rephrased and clarified provisions generally, distinguished between wardens employed on salary basis and those not so employed in terms of payments for dogs returned to owners, sold as pets, etc., differentiated between amounts paid for dogs returned or adopted and those otherwise disposed of, raising payments for those adopted or returned from $4 to $5, required regional warden to pay moneys received by him to state treasurer and added other references to regional wardens and substituted “dog fund account” for “dog fund license account”; 1969 act replaced references to wardens with references to canine control officers where appropriate; P.A. 79-290 changed date for conducting special surveys re unlicensed dogs from “after August first” to “after July first”; P.A. 82-101 amended the section to make technical revisions and to delete the requirement for an annual survey for unlicensed dogs; P.A. 87-231 required that towns pay dog wardens $1 for dogs licensed after being found unlicensed in a survey and added provision requiring that moneys deposited in dog fund account be credited to town from which collected; P.A. 91-59 replaced references to “local dog warden” with references to “municipal animal control officer”; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 1993; P.A. 23-17 deleted requirement to present a sworn statement concerning services rendered to chief administrative officer of town and added requirement to report such services to Commissioner of Agriculture and the chief administrative officer of applicable town, effective June 7, 2023.
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Sec. 22-336. Towns to provide pounds or other suitable facilities. Regulations. Enforcement. Inspection report. Each city or town, other than towns participating in a regional dog pound, shall (1) provide and maintain for use as a dog pound a suitable building, which shall be made comfortable for the detention and care of dogs and other domestic animals and kept in a sanitary condition, or (2) provide, through written agreement, for the detention and care of impounded dogs or other domestic animals by a licensed veterinarian, or in a licensed veterinary hospital, licensed commercial kennel, a dog pound maintained by another city or town, or other suitable facility approved by the commissioner. Any city or town may provide for the use of such building or facility to shelter other domestic animals that are found injured, mistreated or roaming in a manner that endangers the domestic animal or the public. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, concerning the construction and maintenance of dog pounds or other facilities where impounded dogs or other domestic animals are kept, and the care, handling and transportation of dogs or other domestic animals by municipal animal control officers. The commissioner may inspect any dog pound or other facility where impounded dogs or other domestic animals are kept and may issue such orders as the commissioner deems necessary to correct any improper conditions found to exist. A report of any such inspection and the findings from such inspection shall be provided to the applicable municipal animal control officer not later than five days after such inspection. Such animal control officer shall provide a copy of the inspection report and any such findings to the chief elected official of such city or town and the applicable police department or supervisor of such municipal animal control officer not later than thirty days after receipt of such report and findings. If such orders are not complied with, the commissioner may request the Attorney General to bring an action for their enforcement, including suit for an injunction in the judicial district in which the dog pound or facility is located.
(1949 Rev., S. 3383; 1953, 1955, S. 1821d; 1963, P.A. 613, S. 8; P.A. 80-211, S. 1; P.A. 82-119, S. 2; P.A. 91-59, S. 11; P.A. 93-162; 93-435, S. 39, 95; P.A. 15-103, S. 4; P.A. 23-138, S. 2.)
History: 1963 act excepted towns participating in regional dog pounds from compliance with provisions and empowered commissioner to make regulations re dog pounds, etc.; P.A. 80-211 added provisions re alternate arrangements for detention and care of impounded dogs, i.e. through veterinarian, commercial kennel, etc.; P.A. 82-119 authorized the commissioner to request the attorney general to bring enforcement actions under the statute; P.A. 91-59 replaced reference to “local dog warden” with reference to “municipal animal control officer”; P.A. 93-162 authorized use of facilities established under this section to shelter animals other than dogs; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 1993; P.A. 15-103 added references to other domestic animals and made technical changes; P.A. 23-138 added provision re the provision of any inspection report to municipal animal control officer and to chief elected official of such city or town and applicable police department or supervisor of such municipal animal control officer, effective June 26, 2023.
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Sec. 22-336a. Municipal or regional dog pounds. Standards. Enforcement. (a) Each municipal or regional dog pound shall provide mechanical heating and cooling systems of appropriate design and capacity to maintain an indoor ambient temperature of between fifty-five and eighty degrees Fahrenheit, unless other temperatures are medically required by a Connecticut licensed veterinarian.
(b) (1) In any municipal or regional dog pound, dogs shall not share the same primary enclosure, except dams or foster dams and their puppies.
(2) In any municipal or regional dog pound, primary enclosures shall be provided for each cat with space equal to or more than the space requirements for cats pursuant to 9 CFR 3.6(a) and 9 CFR 3.6(b), as amended from time to time.
(3) Whenever dogs or cats are kept in respective groups at any municipal or regional dog pound, the following shall apply:
(A) Females in heat shall not be kept with males;
(B) Any dog or cat exhibiting a vicious or aggressive disposition shall be kept separately; and
(C) Puppies or kittens four months of age or less shall not be kept with adult dogs or cats other than their dams or foster dams.
(c) (1) Any dog or cat that has or is suspected of having a contagious disease at any municipal or regional dog pound shall be isolated from and have no nose-to-nose contact with healthy animals.
(2) Any dog or cat at a municipal or regional dog pound that has or is suspected of having a contagious disease shall be examined, treated and handled as directed by a Connecticut licensed veterinarian.
(d) The Commissioner of Agriculture may enforce the provisions of this section, as necessary, to protect the health and well-being of any animal at a municipal or regional dog pound.
(P.A. 23-138, S. 1.)
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Sec. 22-342. Local kennel licenses. Certain breeders to be licensed. Inspection of kennel facilities. Penalties. (a) Any owner or keeper of dogs who breeds more than five litters of dogs annually shall apply to the town clerk in the town in which such kennel is located for a local kennel license. Any owner or keeper of a kennel who breeds not more than five litters of dogs annually may apply to the town clerk of the town in which such kennel is located for a local kennel license. For the purposes of this section, annually shall refer to the local kennel license year which begins July first. Such town clerk shall issue to such applicant a local kennel license on a form prescribed by the commissioner for a period from the date of such application until the thirtieth day of the ensuing June. The license shall specify the name and number of the kennel, the name of the owner and the name of the keeper and shall be in lieu of any other license required for any dog of either sex which may be kept in such kennel during the period for which the license is issued. Each license may be renewed from year to year by the town clerk upon application of such owner or keeper. Each such owner or keeper shall cause to be kept, upon each dog in such kennel, while it is at large, a collar or harness of leather or other suitable material, to which collar or harness shall be securely attached a tag or plate upon which shall appear the number of the local kennel license, the name of the town issuing the license and the year of license. Such plates or tags shall be furnished by the town clerk of the town in which such kennel is licensed, at a cost of ten cents each, in such numbers, not fewer than the number of dogs kept in such kennel, and at such time as the licensee may request.
(b) The fee for each local kennel license, when no more than ten dogs are kept in the kennel, shall be fifty dollars, and for a local kennel license for a kennel containing more than ten dogs, the fee shall be one hundred dollars, except that in the case of a kennel started after the first day of July, the local kennel license fee for the remainder of the year shall be a proportional part of the fee charged for one year. If the owner or keeper of any kennel fails to obtain the local kennel license on or before June thirtieth, such owner or keeper shall pay one dollar for each dog kept therein, in addition to the regular local kennel license fee. All local kennel license fees shall be used only by towns for the compensation of municipal animal control officers, license certificates, tags, the construction and maintenance of dog pounds, the detention and care of impounded animals in accordance with section 22-336, municipal animal control officer's equipment, animal supplies and such veterinary fees, as are provided for by the general statutes or the regulations of Connecticut state agencies and shall not be used for any other purpose. No fee paid into the treasury of any town for a local kennel license fee shall be returned or paid back to the person from whom such fee was collected.
(c) The commissioner, the Chief Animal Control Officer or any state animal control officer may at any time inspect any kennel including all facilities of any kennel in which dogs are bred or housed or cause it to be inspected by a Connecticut licensed veterinarian appointed by the commissioner. If, in the judgment of the commissioner, such kennel is not being maintained in good repair and in a sanitary and humane manner or if the commissioner finds that communicable or infectious disease or other unsatisfactory conditions exist in the kennel, he may issue such orders as he deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such kennel fails to comply with such orders, the commissioner shall revoke or suspend the kennel license of such owner or keeper. On or after July 1, 2023, each such kennel may be inspected annually by an animal control officer appointed pursuant to section 22-331 or 22-331a with jurisdiction in the municipality in which such kennel is located, or upon receipt of any complaint about such kennel. Such inspection shall include an evaluation of: (1) The sanitary conditions in which the dogs are kept, (2) the dogs' access to proper and wholesome food, potable water, exercise and veterinary care when necessary, including rabies vaccinations, and (3) records of veterinary care and records of the transfer of dogs or puppies to new owners. Any crate or other enclosure in which any dog is kept for more than four hours shall be clean and in good repair, such that the crate or enclosure does not pose a hazard to the dog, and shall be of sufficient size as to allow the dogs to stand, sit, lie down, turn around and make normal postural movements. If any animal control officer finds conditions exist in such kennel that may adversely affect the health, safety or welfare of any dog, such animal control officer may issue such orders as are necessary for the correction of such conditions. If such animal control officer suspects a communicable or infectious disease is present, such officer may order the licensee to consult a Connecticut licensed veterinarian at such licensee's expense to address the suspected health condition. The licensee shall implement any order of the animal control officer to correct any condition that may adversely affect the health, safety or welfare of any such dog, and shall follow any recommendation of such veterinarian, as applicable. A municipality may suspend, revoke or refuse to issue any local kennel license under this section for cause.
(d) Any person aggrieved by any order issued under the provisions of this section may appeal to the Superior Court of the judicial district in which such municipality is located, provided such appeal is made not later than fifteen days after the date of such order and is otherwise made in accordance with the provisions of section 4-183.
(e) Any person maintaining a kennel after such license has been revoked or suspended as herein provided shall be guilty of a class D misdemeanor.
(f) Any owner or keeper of a kennel who breeds more than five litters of dogs annually and (1) fails to apply for a local kennel license as required in subsection (a) of this section, (2) fails to allow an inspection of such facility as required in subsection (c) of this section, or (3) fails to comply with any order issued pursuant to subsection (c) of this section, shall, for a first offense, have committed an infraction, and for a second or subsequent offense be guilty of a class D misdemeanor.
(g) No person found guilty of violating section 53-247, 53-248 or 53-249 shall be eligible to hold a local kennel license issued pursuant to this section. No business entity that has a person with a controlling interest in such entity who has been found guilty of violating section 53-247, 53-248 or 53-249 shall be eligible to hold a local license issued pursuant to this section.
(1949 Rev., S. 3388, 3389; 1953, S. 1826d; 1957, P.A. 440, S. 4; 1963, P.A. 613, S. 13; 1969, P.A. 81, S. 4; P.A. 76-436, S. 457, 681; P.A. 77-260; 77-420, S. 1, 3; 77-603, S. 99, 125; P.A. 93-435, S. 47, 95; P.A. 98-12, S. 13, 22; 98-113, S. 1; P.A. 12-80, S. 128; P.A. 23-17, S. 3; 23-187, S. 28.)
History: 1963 act made provisions of Subsec. (a) generally applicable, deleting references to period between May 1, 1958, and June 30, 1959; 1969 act replaced references to dog wardens with references to canine control officers where necessary; P.A. 76-436 replaced court of common pleas with superior court in Subsec. (c), effective July 1, 1978; P.A. 77-260 replaced maximum $50 fine in Subsec. (d) with minimum fine of $50 and maximum fine of $100; P.A. 77-420 doubled kennel license fees in Subsec. (a) and in Subsec. (b) made suspension or revocation of license for failure to comply with orders of commissioner or canine control officer mandatory rather than optional; P.A. 77-603 revised appeal provision in Subsec. (c) to require appeals from commissioner's orders to be taken in accordance with Sec. 4-183; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 1993; P.A. 98-12 changed “canine control officer” to “animal control officer”, in Subsec. (b), effective July 1, 1998; P.A. 98-113 amended Subsec. (a) to mandate regulation of breeders of more than two litters of dogs annually and to add definition of “annually”, amended Subsec. (b) to replace “canine control officer” with “animal control officer”, to add provision re inspection of facilities in which dogs are bred or housed, to change “registered” to “Connecticut licensed” veterinarian and to add provision re maintenance of kennel in good repair, amended Subsec. (d) to increase penalties for certain violations of this section and added new Subsec. (e) re penalty for breeders who violate this section; P.A. 12-80 amended Subsecs. (d) and (e) to change penalties from a fine of not more than $1,000 or imprisonment of not more than 1 year or both to a class B misdemeanor; P.A. 23-17 amended Subsec. (a) to increase threshold for licensure from 2 to 5 litters per year and to rename license as local kennel license, designated Subsec. (b) and changed name of said license and added provision re use of local kennel license fees by towns, redesignated existing Subsec. (b) as Subsec. (c) and added provision re annual inspection of such kennels and requirements of any such inspection, authorization to issue orders following such inspection, requirement of licensee to implement such order and authority of municipality to suspend, revoke or refuse to issue such license, redesignated existing Subsec. (c) as Subsec. (d) and added provision re appeal being brought in judicial district in which such municipality is located, redesignated existing Subsec. (d) as Subsec. (e) and changed penalty from a class B to a class D misdemeanor, redesignated existing Subsec. (e) as Subsec. (f) and added Subdiv. (3) re penalty for failure to comply with an order issued pursuant to Subsec. (c) and added Subsec. (g) re ineligibility of any person convicted of animal cruelty provisions to hold such local kennel license and made conforming changes, effective June 7, 2023; P.A. 23-187 amended Subsec. (c) to change provision from requiring inspection of each such kennel annually to authorizing such annual inspection on and after July 1, 2023, effective June 28, 2023.
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Sec. 22-344. Licensing of commercial kennel, pet shop, training facility or grooming facility. Advertising by commercial kennels. Registration of animal importer. Fees. Humane treatment of animals. Registration of animal shelters. Inspection. Fines. Conformance to zoning regulations. (a)(1) No person shall maintain a commercial kennel until such person has obtained from the commissioner a license to maintain such kennel under such regulations as the commissioner provides as to sanitation, disease and humane treatment of dogs or cats and the protection of the public safety. Upon written application and the payment of a fee of four hundred dollars, the commissioner shall issue such license to be effective until the second December thirty-first following issuance provided the commissioner finds (A) that such regulations have been complied with, and (B) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such kennel is to be maintained has certified that the kennel conforms to the municipal zoning regulations. Such license shall be renewed biennially, not later than December thirty-first, in accordance with the provisions of this section, and may be transferred by the licensee to another premises upon approval of the commissioner.
(2) Any person who maintains a commercial kennel and who advertises the services of such commercial kennel shall cause the license number for such commercial kennel, as issued pursuant to this section, to clearly appear in such advertisement. The commissioner may adopt regulations, in accordance with chapter 54, to prescribe the requirements for the appearance of the license number of a commercial kennel in any form of advertisement. Such regulation may include, but need not be limited to, the size, font and location of such license number for any given form of advertisement.
(3) For purposes of this subsection, no person who boards three or fewer cats or dogs in his or her residence shall be required to obtain a commercial kennel license pursuant to this subsection.
(b) No person shall maintain a pet shop until such person has obtained from the commissioner a license to maintain such pet shop under such regulations as the commissioner provides as to sanitation, disease and humane treatment of animals and the protection of the public safety. Upon written application and the payment of a fee of four hundred dollars, the commissioner shall issue such license to be effective until the second December thirty-first following issuance provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such pet shop is to be maintained has certified that the pet shop conforms to the municipal zoning regulations. Application for renewal of such license shall be made biennially by not later than the second December thirty-first following issuance. Such pet shop license may be transferred by the licensee to another premises upon the approval of the commissioner. The commissioner, after consultation with the Commissioners of Public Health and Energy and Environmental Protection, shall establish and maintain, pursuant to regulations adopted in accordance with chapter 54, a list of animals which are deemed to be injurious to the health and safety of the public or whose maintenance in captivity is detrimental to the health and safety of the animal. The sale or offer of sale of any animal which is on said list is prohibited and any person who violates this provision shall be fined not more than five hundred dollars.
(c) No person shall engage in the business of grooming or maintaining a grooming facility until such person has obtained from the commissioner a license to maintain such facility under such regulations as the commissioner provides as to sanitation, disease and humane treatment of such animals and the protection of the public safety. Upon written application and the payment of a fee of two hundred dollars, the commissioner shall issue such license to be effective until the second December thirty-first following issuance provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such grooming is to be maintained has certified that the facility conforms to the municipal zoning regulations. Such license shall be renewed biennially, not later than the second December thirty-first following issuance, in accordance with the provisions of this section, and may be transferred by the licensee to other premises upon approval of the commissioner.
(d) No person shall maintain a training facility until such person has obtained from the commissioner a license to maintain such facility under such regulations as the commissioner provides as to sanitation, disease and humane treatment of such animals and the protection of public safety. Upon written application and the payment of a fee of two hundred dollars, the commissioner shall issue such license to be effective until the second December thirty-first following issuance provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such training facility is to be maintained has certified that the facility conforms to the municipal zoning regulations. Such license shall be renewed biennially not later than the second December thirty-first following issuance upon the terms required for the original license and may be transferred by the licensee to another premises upon approval of the commissioner.
(e) (1) No animal importer shall import any dog or cat into this state until such person registers as an animal importer with the commissioner. Such registration shall be on a form as prescribed by the commissioner. Such registration shall require the submission of the following information: (A) The name, mailing address, business address, telephone number and Internet address of such registrant, (B) if such registrant is domiciled out-of-state, the name, Connecticut address and phone number of a Connecticut-based agent for service of process, and (C) the number of animals brought into the state during the prior year by such animal importer and the state or country of origin for each such animal. Such registration shall be accompanied by payment of a fee of two hundred dollars and shall be valid until the second December thirty-first following such registration. Such registration shall be renewed biennially not later than the second December thirty-first following issuance, in accordance with the provisions of this subsection, provided the commissioner determines that such registrant complies with any requirements provided by the commissioner as to the health, safety and humane treatment of animals that is applicable to animal importers. Such registration shall not be required for any employee or volunteer of a registered animal importer or other person who is required to be licensed pursuant to the provisions of this chapter, provided such employee, volunteer or other person is not otherwise an animal importer. Any person who violates the provisions of this subdivision shall be fined not more than five hundred dollars.
(2) Any animal importer who intends to offer for sale, adoption or transfer any dog or cat at a venue or location that is open to the public or at an outdoor location, including, but not limited to, a parking lot or shopping center, shall provide notice to the Department of Agriculture and the municipal zoning enforcement officer of the town where any such sale, adoption or transfer will occur, not later than ten days prior to such event. Such notice shall state the date for such sale, adoption or transfer event, the exact location of such event and the anticipated number of animals for sale, adoption or transfer at such event. Any person who fails to provide notice as required pursuant to this subdivision shall be fined not more than one hundred dollars per animal that is offered for sale, adoption or transfer at such event.
(3) For the purpose of this subsection, “animal importer” means a person who brings any dog or cat into this state from any other sovereign entity for the purpose of offering such dog or cat to any person for sale, adoption or transfer in exchange for any fee, sale, voluntary contribution, service or any other consideration. “Animal importer” includes any commercial or nonprofit animal rescue or adoption, humane relocation or delivery organization that is not otherwise required to be licensed under the provisions of this chapter.
(4) The provisions of this subsection shall not be construed to apply to any animal importer who offers a dog or cat for sale to a pet shop that is licensed in accordance with the provisions of subsection (b) of this section, provided such animal is delivered directly to a pet shop.
(5) The Commissioner of Agriculture may inspect any animal imported by an animal importer or any record required to be kept by such animal importer, provided such inspection shall not authorize the entry of the commissioner into the residence of such animal importer.
(6) Not later than December 31, 2013, the Commissioner of Agriculture shall prescribe the conditions that constitute the humane treatment of animals that are applicable to animal importers. Such conditions shall include, but not be limited to, the appropriate shelter, availability of food and water and standard of care to be provided by an animal importer to such animals.
(f) No individual or private entity shall operate or maintain an animal shelter until such individual or private entity registers such animal shelter with the commissioner to operate and maintain such animal shelter under such regulations as the commissioner provides as to sanitation, disease and humane treatment of dogs or cats and the protection of the public safety. Upon written application and payment of a fee of fifty dollars to offset administrative costs of such registrations, the commissioner shall issue such registration to be effective until the second December thirty-first following issuance provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such registration, that the zoning enforcement official of the municipality wherein such animal shelter is to be operated or maintained has certified that the animal shelter conforms to the municipal zoning regulations. Such registration shall be renewed biennially, not later than December thirty-first, in accordance with the provisions of this section, and may be transferred by the registrant to another premises upon approval of the commissioner. For purposes of this subsection, “animal shelter” means any individual or private entity that operates a building or facility that is used solely to house homeless animals for the purpose of rescue or adoption and that is not operated within a private residence.
(g) The commissioner may, at any time, inspect or cause to be inspected by the commissioner's agents any such commercial kennel, animal shelter, pet shop, grooming facility or training facility, and if, (1) in the commissioner's judgment such commercial kennel, animal shelter, pet shop, grooming facility or training facility is not being maintained in a sanitary and humane manner or in a manner that protects the public safety, (2) the commissioner finds that contagious, infectious or communicable disease or other unsatisfactory conditions exist, or (3) in the case of a pet shop, the commissioner finds any violation of the provisions of section 22a-381d, the commissioner may issue a fine to such commercial kennel, animal shelter, pet shop, grooming facility or training facility of not more than five hundred dollars for each animal that is the subject of such violation, may issue such orders as the commissioner deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such commercial kennel, animal shelter, pet shop, grooming facility or training facility fails to comply with the regulations or orders of the commissioner, or fails to comply with any provision of the statutes or regulations relating to dogs or other animals, the commissioner may refuse to issue or renew, revoke or suspend such license or registration, as applicable. Any person aggrieved by any order issued under the provisions of this section may appeal therefrom in accordance with the provisions of section 4-183. Any person maintaining any commercial kennel, animal shelter, pet shop, grooming facility or training facility without having obtained a license or registration for the same, as applicable or after any such license or registration has been revoked or suspended as provided herein shall be fined not more than two hundred dollars. The provisions of this section shall not apply to veterinary hospitals, except those boarding or grooming dogs for nonmedical purposes, and other establishments where all the dogs or animals were born and raised on the premises where they are kept for sale.
(h) The provisions of subsections (a) to (d), inclusive, of this section requiring certification by the zoning enforcement official that every commercial kennel, pet shop, grooming facility and training facility conforms to the zoning regulations of the municipality wherein such kennel, pet shop, grooming facility or training facility is maintained shall not apply to any person who is licensed under said subsections and maintained any such commercial kennel, pet shop or grooming facility prior to October 1, 1977, provided such person does not relocate such commercial kennel, pet shop, grooming facility or training facility in a zone in which such commercial kennel, pet shop, grooming facility or training facility is not a permitted use. In addition, the provisions of said subsections and subsection (f) requiring certification by the zoning enforcement official that every commercial kennel, animal shelter, pet shop, grooming facility and training facility conforms to the zoning regulations of the municipality wherein such commercial kennel, animal shelter, pet shop, grooming facility or training facility is maintained shall not apply when a zone in which such commercial kennel, animal shelter, pet shop, grooming facility or training facility is maintained is changed to a use which does not permit such commercial kennel, animal shelter, pet shop, grooming facility or training facility in such zone.
(i) Any person found guilty of violating section 53-247 shall not be eligible to hold a license issued pursuant to this section. Any business entity with any person with a controlling interest who is found guilty of violating section 53-247 shall not be eligible to hold a license issued pursuant to this section.
(1949 Rev., S. 3327; 1953, S. 1828d; 1959, P.A. 447, S. 1; 1963, P.A. 613, S. 15; February, 1965, P.A. 22, S. 1; 1969, P.A. 81, S. 4; 423, S. 2; 1971, P.A. 70; 1972, P.A. 180, S. 2; P.A. 74-89; P.A. 76-436, S. 458, 681; P.A. 77-314, S. 2; 77-505; 77-603, S. 100, 125; 77-614, S. 323, 610; P.A. 82-91, S. 15, 16, 38; P.A. 83-382, S. 2, 3; P.A. 88-364, S. 30, 123; May Sp. Sess. P.A. 92-6, S. 49, 117; P.A. 93-381, S. 9, 39; 93-435, S. 48, 95; P.A. 95-257, S. 12, 21, 58; P.A. 01-62, S. 3; P.A. 09-52, S. 2; June Sp. Sess. P.A. 09-3, S. 298; P.A. 11-80, S. 1; 11-187, S. 1; P.A. 12-105, S. 2; P.A. 13-23, S. 1; 13-241, S. 8; P.A. 16-102, S. 7; P.A. 17-167, S. 1; P.A. 19-156, S. 2; P.A. 23-17, S. 4.)
History: 1959 act raised license fee from $1 to $10; 1963 act made previous provisions Subsecs. (a) and (c), revising Subsec. (a) to apply only to commercial kennels and inserting new Subsec. (b) with separate provisions applicable to pet shops; 1965 act allowed revocation or suspension of license for failure to comply with statutes or regulations re dogs; 1969 acts inserted new Subsec. (c) containing provisions applicable to grooming businesses, relettering former Subsec. (c) accordingly, replaced references to dog wardens with references to canine control officers where necessary and including references to grooming facilities; 1971 act deleted proviso re prorated license fees for pet shops starting after January thirty-first in Subsec. (b); 1972 act replaced references to inspections by canine control officers and veterinarians with references to inspections by commissioner's agents and allowed suspension or revocation of license for violations of statutes and regulations re other animals as well as dogs in Subsec. (d); P.A. 74-89 included provisions in Subsec. (b) re list of animals not to be maintained in captivity or injurious to public health and safety; P.A. 76-436 replaced court of common pleas with superior court in Subsec. (d), effective July 1, 1978; P.A. 77-314 inserted new Subsec. (d) containing provisions applicable to training facilities, relettering former Subsec. (d) accordingly and including references to training facilities; P.A. 77-505 required that facilities conform to zoning regulations as condition of licensure and added Subsec. (e) clarifying what constitutes conformity to zoning regulations; P.A. 77-603 replaced previous appeal provision with statement requiring that appeals be made in accordance with Sec. 4-183; P.A. 77-614 substituted commissioner of health services for commissioner of health in Subsec. (b), effective January 1, 1979; P.A. 82-91 increased commercial kennel license fee from $10 to $25 and amended Subsec. (e) to extend the application of the provisions of the section to veterinary hospitals boarding or grooming dogs for nonmedical purposes; P.A. 83-382 amended Subsecs. (a), (b), (c) and (d) to authorize the commissioner to adopt regulations that protect the public safety, amended Subsecs. (c) and (d) to raise the license fee for training facilities from $20 to $25 and amended Subsec. (d) to require the zoning enforcement officer to certify that a training facility conform to local zoning; P.A. 88-364 made technical changes in Subsecs. (b), (e) and (f); May Sp. Sess. P.A. 92-6 amended Subsecs. (a), (c) and (d) to increase the license fee from $25 to $100 and amended Subsec. (b) and (e) to increase the license fee from $50 to $200; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 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. 01-62 amended Subsec. (c) to make a technical change and to require licenses to be renewed annually not later than December thirty-first; P.A. 09-52 amended Subsec. (e) to make technical changes, insert Subdiv. designators (1) and (2) and add Subdiv. (3) re violation of Sec. 22a-381d, effective July 1, 2009; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fee from $100 to $200 and to make a technical change; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 11-187 added new Subsec. (e) re registration of animal importer with Commissioner of Agriculture prior to the importation of any dog or cat into the state by such animal importer, requirements for such registration, notice requirements prior to the offer for sale, transfer or adoption of any cat or dog by an animal importer at a venue open to the public, definition of “animal importer”, exceptions to such requirements and inspection authority of Commissioner of Agriculture re any animal or record of an animal importer, and redesignated existing Subsecs. (e) and (f) as Subsecs. (f) and (g); P.A. 12-105 amended Subsec. (f) to authorize commissioner to fine any commercial kennel, pet shop, grooming facility or training facility not more than $500 for each animal that is the subject of a violation; P.A. 13-23 amended Subsec. (a) to designate existing provisions as Subdiv. (1), add Subdiv. (2) re requirement for commercial kennels to include license number in advertisements and make technical changes; P.A. 13-241 amended Subsec. (e) by adding Subdiv. (6) re commissioner to prescribe conditions that constitute humane treatment of animals by animal importers, effective July 2, 2013; P.A. 16-102 amended Subsec. (a)(1) to change application fee from $200 to $400, change license period from one year to two years and change annual license renewal to biennial license renewal, amended Subsec. (b) to change application fee from $200 to $400, change license period from one year to two years and add provision re biennial license renewal, and amended Subsecs. (c) to (e)(1) to change application fee from $100 to $200, change license period from one year to two years and change annual license renewal to biennial license renewal; P.A. 17-167 added new Subsec. (f) re registration of animal shelter, redesignated existing Subsecs. (f) and (g) as new Subsecs. (g) and (h) and amended same to add references to animal shelters, further amended Subsec. (g) to add references to registration, and made technical and conforming changes; P.A. 19-156 amended Subsec. (a) by adding Subdiv. (3) re exemption to commercial kennel license requirement for persons boarding 3 or fewer cats or dogs in their residence, effective July 9, 2019; P.A. 23-17 amended Subsecs. (a) and (b) to make technical changes, Subsec. (f) to change references from person to such individual or private entity and make technical changes, Subsec. (g) to change references from kennel to commercial kennel and from shelter to animal shelter and add authority to refuse to issue or renew such license, Subsec. (h) to change references from kennel to commercial kennel and from shelter to animal shelter and added Subsec. (i) re prohibition on licensure under section for any person found guilty of animal cruelty, effective June 7, 2023.
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Sec. 22-344b. Pet shop required to have dogs and cats examined by veterinarian. Replacement or refund. Statement of customer rights. Penalty. (a) A pet shop licensee shall, prior to offering a dog or cat for sale and thereafter at intervals of fifteen days until such dog or cat is sold, provide for examination of such dog or cat by a veterinarian licensed under chapter 384. Such licensee shall maintain an electronic or paper record of the veterinary examinations and services rendered for each dog or cat offered for sale.
(b) (1) If, (A) within twenty days of sale, any such dog or cat becomes ill or dies of any illness which existed in such dog or cat at the time of the sale, or (B) within six months of sale, any such dog or cat is diagnosed with a congenital defect that adversely affects or will adversely affect the health of such dog or cat, such licensee shall: (i) Reimburse such consumer for the value of the actual services and medications provided to such dog or cat by any veterinarian licensed pursuant to chapter 384 for the treatment of such illness or congenital defect upon the presentation by such consumer to such licensee of a certificate from such veterinarian that such dog or cat suffers or suffered from such illness or congenital defect, provided such reimbursement shall not exceed (I) the full purchase price of such dog or cat for any dog or cat purchased for five hundred dollars or more, and (II) five hundred dollars for any dog or cat purchased for less than five hundred dollars. No licensee may require the consumer to return such dog or cat to such licensee to receive such reimbursement, or (ii) at the option of such consumer, replace the dog or cat or refund in full the purchase price of such dog or cat: (I) In the case of illness or such congenital defect, upon return of the dog or cat to the pet shop and the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat is ill from a condition which existed at the time of sale, or suffers from such congenital defect, and (II) in the case of death, the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat died from an illness or a congenital defect which existed at the time of sale. The presentation of such certificate shall be sufficient proof to claim reimbursement or replacement and the return of such deceased dog or cat to the pet shop shall not be required. No such refund or replacement shall be made if such illness or death resulted from maltreatment or neglect by a person other than the licensee or such licensee's agent or employee. A licensee shall not be subject to the obligations imposed by this subsection for the sale of a cat where such cat has been spayed or neutered prior to its sale. In the event the licensee fails to comply with a demand for reimbursement or replacement, the consumer may bring an action in the Superior Court to enforce the provisions of this section.
(2) Each pet shop licensee who sells dogs or cats shall post a statement of customer rights pursuant to this section in a location that is readily visible to the public and also provide a copy of such statement to any purchaser of a dog or cat at the time of purchase. The commissioner shall prescribe the content of such statement. Any statement of customer rights posted pursuant to this section shall be printed in black lettering of not less than twenty point size upon a white background. Any licensee who violates the provisions of this subdivision shall be fined two hundred fifty dollars.
(c) Any licensee who violates any provision of subsection (a) of this section shall be fined not more than five hundred dollars.
(P.A. 88-230, S. 1, 12; 88-325, S. 1; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-113, S. 2; P.A. 09-228, S. 2; P.A. 12-105, S. 1; P.A. 14-77, S. 2; P.A. 23-17, S. 5.)
History: P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-113 amended Subsec. (b) to provide for reimbursement of consumers by pet shops for certain veterinary expenses; P.A. 09-228 made a technical change in Subsec. (a) and amended Subsec. (b) by changing 15-day deadline to 20 days, adding 6-month deadline re dog or cat diagnosed with congenital defect, making conforming and technical changes, raising reimbursement limit from $200 to $500 and adding exemption for sale of spayed or neutered cat, effective July 1, 2009; P.A. 12-105 amended Subsec. (b) to designate existing provisions as new Subdiv. (1) and amend same to provide that licensee shall reimburse consumer not more than $500 for services and medications provided by licensed veterinarian for the treatment of dog's or cat's illness or congenital defect upon presenting such licensee with a certificate from such veterinarian and that licensee may not require consumer to return dog or cat to receive such reimbursement, add new Subdiv. (2) re posting of a statement of customer rights, and make technical changes; P.A. 14-77 amended Subsec. (b) by replacing reference to not more than $500 with reference to value of actual services and medications, adding provision re maximum reimbursement when full purchase price of dog or cat is $500 or more or less than $500 and adding provision re consumer may seek assistance of Commissioner of Agriculture in Subdiv. (1), and by adding provision re fine of $250 in Subdiv. (2), deleted former Subsec. (c) re licensee to forfeit sum not to exceed $500 for each animal, and added new Subsec. (c) re fine of not more than $500 for violation of Subsec. (a) or Subsec. (b)(1) and fine not to preclude or be in lieu of reimbursement; P.A. 23-17 amended Subsec. (a) to authorize retention of electronic records, Subsec. (b)(1) to delete reference to consumers seeking assistance from Commissioner of Agriculture in event of licensee failure to reimburse consumer, add provision indicating such consumer may seek such reimbursement through court action and Subsec. (c) to delete reference to Subsec. (b)(1) and delete reference to any fine levied for failure to comply with said Subsec., effective July 1, 2023.
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Sec. 22-344c. Licensure of breeding facilities by towns. Standard of care for breeders of cats or dogs. Section 22-344c is repealed, effective June 7, 2023.
(P.A. 91-379; P.A. 98-12, S. 14, 22; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 07-217, S. 99; P.A. 14-77, S. 1; P.A. 23-17, S. 13.)
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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, 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; P.A. 23-17, S. 6.)
History: 1963 act changed amounts to be deducted from receipts by town clerk from $0.35 to $0.50 per dog license and imposed $0.10 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 $0.10 to $0.50; 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 60% 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; P.A. 23-17 deleted reference to Sec. 22-348, effective June 7, 2023.
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Sec. 22-348. Allocation of license fees to The University of Connecticut. Balance to towns. Section 22-348 is repealed, effective June 7, 2023.
(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; P.A. 23-17, S. 13.)
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Sec. 22-354. Imported dogs and cats. Certificates of health. Importation from rabies quarantine area. Sale of young puppies and kittens. Sale of dogs by pet shop licensees. Certificate of origin required. Purchase of dog or cat from outside of state. Penalties. (a) 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 accredited by the United States Department of Agriculture 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 shall 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, adoption or transfer or offering for sale, adoption or transfer 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 or offer for adoption or transfer within the state any dog or cat under the age of eight weeks. Any person, firm or corporation violating the provisions of this subsection or bringing any dog or cat into this state from an area under quarantine for rabies shall be fined not more than one thousand dollars.
(b) Any dog sold or offered for sale by a pet shop licensee in this state shall be accompanied by a certificate of origin identifying the name and address of the person, firm or corporation that bred such dog and of any person, firm or corporation that sold such dog to such pet shop licensee. Such certificate shall be in a form as prescribed by the Commissioner of Agriculture. Such information contained in the certificate of origin shall be posted on the sign described in section 22-344d and such information shall be visible to customers. A copy of such certificate shall be provided to the purchaser of such dog at the time of sale and shall be filed by such licensee with the Department of Agriculture not later than seven days after such sale. No pet shop licensee shall purchase a dog or cat for resale or sell or offer for sale any dog or cat purchased from: (1) Any breeder that (A) is not in possession of a current license issued by the United States Department of Agriculture and any applicable state agency, (B) was found to have committed a direct violation of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase, or (C) was found to have committed three or more indirect violations of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase provided such violations pertained to the health or welfare of an animal and were not administrative in nature; or (2) any other person, firm or corporation that: (A) Is not in possession of a current license issued by the United States Department of Agriculture and any applicable state agency, (B) was found to have committed a direct violation of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase, (C) was found to have committed three or more indirect violations of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase provided such violations pertained to the health or welfare of an animal and were not administrative in nature, or (D) directly or indirectly, has obtained such dog or cat from a breeder described in subdivision (1) of this subsection. Any pet shop licensee violating the provisions of this subsection shall be fined not more than one thousand dollars for each violation. Each day a pet shop licensee is in violation of this subsection shall constitute a separate offense.
(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; P.A. 09-228, S. 3; P.A. 10-100, S. 2; P.A. 11-187, S. 3; P.A. 14-77, S. 4; P.A. 23-17, S. 7.)
History: 1963 act changed maximum amount of time dog may remain in state without health certificate and/or state license from 21 to 30 days; P.A. 74-22 added provisions re import or export of dogs less than 8 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 6 to 12 months and deleted provision excepting show animals not kept in-state for more than 30 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 30-day certificate of health issuance restriction, effective May 21, 2004; P.A. 09-228 designated existing provisions as Subsec. (a) and made technical changes therein, and added Subsec. (b) re certificates of origin for dogs sold or offered for sale by pet shop licensees and purchase by pet shop licensees of dogs and cats from outside of state, effective July 1, 2009; P.A. 10-100 amended Subsec. (b) by adding requirement that certificate be in form prescribed by commissioner, by replacing requirement that information be posted in conspicuous manner not more than 10 feet from location where dog is displayed for sale with requirement that information be posted on sign described in Sec. 22-344d and be visible to customers and by changing requirement for filing of certificate with department from not later than 2 days after sale to not later than 7 days after sale; P.A. 11-187 amended Subsec. (a) by adding provisions re sale or offer for adoption or transfer and increasing fine from $100 to $500; P.A. 14-77 amended Subsec. (a) by increasing fine from not more than $500 to not more than $1,000 and deleting provision re imprisonment of not more than 30 days, and amended Subsec. (b) by adding Subdiv. (1) prohibiting pet shop licensee from purchasing a dog or cat from a breeder not in possession of current license or found to have committed direct or indirect violations of regulations, by designating existing provision re possession of current license as Subdiv. (2) and amending same to add Subparas. (B) to (D) re direct or indirect violations of regulations or obtaining dog or cat from a breeder described in Subdiv. (1), by increasing fine from not more than $100 to not more than $1,000 and deleting provision re imprisonment of not more than 30 days, and by making conforming changes; P.A. 23-17 amended Subsec. (a) to add reference to accreditation by United States Department of Agriculture, effective July 1, 2023.
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Sec. 22-359. Control of rabies. Quarantine. Regulations. Report of rabies cases. Fine. Seizure of animals. Costs. (a) The commissioner, or the commissioner's designee, may make such orders for the testing for rabies, adequate confinement, quarantine, control or humane euthanasia of any dog, cat or other animal as necessary to prevent the spread of rabies and to protect the public. Any local director of health may order the humane euthanasia of any unowned animal that 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.
(b) The commissioner or any animal control officer appointed pursuant to section 22-328, 22-331 or 22-331a shall 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 by such officer to the State Veterinarian not later than twenty-four hours of receipt of such information.
(c) Whenever a person, companion animal or other animal has been bitten or attacked by a dog, cat or ferret, any animal control officer appointed pursuant to section 22-328, 22-331 or 22-331a shall quarantine such biting or attacking dog, cat or ferret for ten days. During such quarantine such biting or attacking dog, cat or ferret shall be observed for clinical signs of rabies. On the tenth day of such quarantine, such dog, cat or ferret shall be examined by the State Veterinarian or a person designated by the State Veterinarian to determine whether such quarantine shall be continued or removed. The quarantine of a biting or attacking dog, cat or ferret shall conform to one of the following: (1) When the biting or attacking dog, cat or ferret has a current rabies vaccination, the biting or attacking dog, cat or ferret shall be quarantined in a public pound or in a veterinary hospital or in a commercial kennel approved by the State Veterinarian for such purpose or on the premises of the owner or keeper of such biting dog, cat or ferret when such premises is adequate for the confinement of such animal, as determined by the authority that issued such order; or (2) when the biting or attacking dog, cat or ferret does not have a current rabies vaccination, the biting or attacking dog, cat or ferret shall be quarantined in a public pound or in a veterinary hospital or in a commercial kennel approved by the State Veterinarian for such purpose, or the dog, cat or ferret may be quarantined or confined on the premises of the owner or keeper of the biting or attacking dog, cat or ferret due to medical necessity determined by a licensed veterinarian when such premises is adequate for the confinement of such animal and acceptable to the municipality or agency issuing the quarantine order and provided such animal is vaccinated for rabies by a licensed veterinarian on the tenth day of such quarantine.
(d) The management, confinement, quarantine or disposition of biting or attacking animals other than dogs, cats or ferrets shall be determined by the State Veterinarian who shall take into account the age, general health, rabies vaccination status of the biting or attacking animal, the rabies vaccination status of the animal exposed to or bitten by rabid or suspected rabid wildlife and the current national recommendations for the prevention and control of rabies.
(e) The owner or keeper of any animal that has been quarantined or confined pursuant to this section may authorize the humane euthanasia of such animal by a licensed veterinarian at any time before the end of the quarantine or confinement period for the purpose of testing such animal for rabies. Any animal so euthanized shall be examined for rabies by the Connecticut Department of Public Health Laboratory or any laboratory authorized by the Connecticut Department of Public Health. The veterinarian performing the euthanasia shall be responsible for ensuring that the head of the euthanized animal is delivered to the appropriate laboratory for rabies examination not later than forty-eight hours after such euthanasia. The costs of any such quarantine, veterinary examination, rabies vaccination, euthanasia and rabies testing shall be the responsibility of the owner or keeper of any animal quarantined or confined pursuant to this section.
(f) Any dog, cat or other animal held in quarantine that is clinically diagnosed as rabid by a licensed veterinarian or the State Veterinarian shall be humanely euthanized immediately without prior notice to the owner or keeper of same. No person who humanely euthanizes any animal in accordance with this subsection shall be held criminally or civilly liable therefor. Any animal that is humanely euthanized pursuant to this subsection shall be examined for rabies by the Connecticut Department of Public Health Laboratory or any laboratory authorized by the Connecticut Department of Public Health. The veterinarian performing the euthanasia shall be responsible for ensuring that the head of the euthanized animal is delivered to the appropriate laboratory for rabies examination not later than forty-eight hours after being euthanized.
(g) Any animal, other than a dog, that is quarantined pursuant to this section which is not claimed by its owner or keeper not later than five days after the expiration of such quarantine may be sold or given away by the municipal or regional animal control officer provided the animal is in good health. The animal may only be sold or given away as a pet to a person who satisfies such 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 necessary to place such animal. Any animal, other than a dog, that is quarantined pursuant to this section and that is not claimed by its owner or keeper not later than five days after the expiration of such quarantine and that is not sold by the municipal or regional animal control officer not later than five days after 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.
(h) Any animal control officer appointed pursuant to section 22-328, 22-331 or 22-331a or any state or municipal police officer may immediately kill any wild animal that displays behavior that causes the commissioner, the State Veterinarian, a state or municipal police officer or such animal control officer to reasonably conclude that such animal is rabid. For purposes of this section, “wild animal” means any mammal which is ferae naturae or wild by nature.
(i) The commissioner shall institute such measures as the commissioner deems necessary to prevent the transmission of rabies associated with animals in public settings, including, but not limited to, fairs, shows, exhibitions, petting zoos, riding stables, farm tours, pet shops and educational exhibits.
(j) The commissioner shall adopt regulations, in accordance with chapter 54, to implement the provisions of subsection (i) of this section. Such regulations may include requirements for the vaccination of animals against rabies, identification of animals, identification of owners or keepers of such animals, animal enclosures, posting of public advisories, reporting of rabies exposure incidents, records deemed necessary and proper relating to the vaccination of animals against rabies, and any other methods determined by the commissioner to prevent the transmission of rabies. Such regulations may consider the species of animal, the characteristics of the public settings and the nature and type of contact the public may have with animals.
(k) Any suspected or confirmed case of rabies shall be reported to the State Veterinarian by the testing diagnostic laboratory or a local director of health or any licensed veterinarian not later than twenty-four hours after receipt of such information.
(l) Any person who fails to comply with any order issued pursuant to this section shall be fined two hundred fifty dollars. Any dog, cat or other animal subject to a quarantine or confinement order issued pursuant to this section whose owner or keeper fails to comply with such quarantine order may be seized by any state, municipal or regional animal control officer and held in quarantine until such quarantine is complete and the dog, cat or other animal is examined by a licensed veterinarian. All costs associated with a failure to comply with a quarantine or confinement order issued pursuant to this section, including, but not limited to, the costs of seizure, care, handling, veterinary examination and rabies vaccination shall be paid by the owner or keeper of such animal prior to the release of such animal to such owner or keeper.
(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; P.A. 06-105, S. 4; P.A. 19-197, S. 2; P.A. 23-17, S. 8.)
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 24 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; P.A. 06-105 made a technical change in Subsec. (c) and added Subsecs. (e) re measures to prevent transmission of rabies associated with animals in public settings and (f) re adoption of regulations to implement provisions of Subsec. (e); P.A. 19-197 amended Subsec. (a) to replace “may” with “shall” re quarantine of animal and add provisions re quarantine of animal, management, confinement, quarantine or disposition of biting or attacking animal, rights of owner of animal that has been quarantined or confined, examination of animal for rabies, and responsibility of owner or keeper of animal for costs, effective July 1, 2019; P.A. 23-17 amended Subsec. (a) to add reference to testing for rabies and quarantine, change reference from destruction to humane euthanasia, and designate existing text as new Subsecs. (b) to (e), amended new Subsecs. (b) and (c) to add reference to any animal control officer appointed pursuant to Secs. 22-328, 22-331 or 22-331a, amended new Subsec. (d) to add reference to the rabies vaccination status of any animal exposed to or bitten by rabid or suspected rabid wildlife, redesignated existing Subsec. (b) as Subsec. (f), and amended same to change requirement of diagnoses by 2 licensed veterinarians to diagnosis by a licensed veterinarian or the State Veterinarian, change reference from killing to humane euthanasia, and add provision re examination of any animal humanely euthanized for rabies, redesignated existing Subsec. (c) as Subsec. (g) and added provision to same re authorization for the sale of the animal not later than 5 days after the expiration of such quarantine, redesignated existing Subsec. (d) as Subsec. (h), and amended same to add reference to animal control officers appointed pursuant to Secs. 22-329, 22-331 or 22-331a, and add references to the State Veterinarian and state or municipal police officers, redesignated existing Subsecs. (e) and (f) as Subsecs. (i) and (j), respectively, added Subsec. (k) re the reporting of suspected or confirmed cases of rabies to the State Veterinarian by the testing diagnostic laboratory, a local director of health or a licensed veterinarian, added Subsec. (l) re a fine of $250 dollars for any person who fails to comply with an order issued pursuant to said section, the seizure of any animal subject to quarantine that is not so held in quarantine and the payment of costs for such seizure by the owner of such animal, and made technical changes throughout, effective June 7, 2023.
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Sec. 22-364. Dogs or livestock roaming at large. Intentional or reckless subsequent violation. (a) No owner or keeper of any dog or livestock as defined in section 22-381 shall allow such dog or livestock 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 or livestock to roam at large on any portion of any public highway and not attended or under control of such owner or keeper or an agent of such owner or keeper, 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 or livestock on the land of any person other than the owner or keeper of such dog or livestock or on any portion of a public highway when such dog or livestock 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.
(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 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.
(1949 Rev., S. 3412; 1953, S. 1850d; 1963, P.A. 613, S. 32; P.A. 76-381, S. 11; P.A. 77-63, S. 2; P.A. 96-243, S. 11, 16; P.A. 23-184, S. 12.)
History: 1963 act specified what constitutes prima facie evidence of violation and distinguished between penalties for first and subsequent offenses, imposing twenty-five-dollar minimum and one-hundred-dollar maximum fine for subsequent offenses, and making imprisonment an optional penalty only for subsequent offenses where previously applicable to first offenses as well; P.A. 76-381 made violation an infraction, deleting previous penalty provisions; P.A. 77-63 prohibited dogs from roaming on any portion of highway, deleting language which had limited applicability of prohibition to those portions of highway “not adjacent to the premises of the owner or keeper”; P.A. 96-243 added Subsec. (b) re subsequent intentional or reckless violations, effective June 6, 1996; P.A. 23-184 amended Subsec. (a) to add references to livestock and made technical changes, effective June 28, 2023.
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Sec. 22-364b. Control of dogs in proximity to service animals. The owner or keeper of a dog shall restrain and control such dog on a leash when such dog is not on the property of its owner or keeper and is in proximity to a person with a disability accompanied by a service animal, provided such service animal is readily identifiable as a service animal, is in the direct custody of such person and is licensed in accordance with section 22-345. Any person who violates the provisions of this section shall have committed an infraction. If an owner or keeper of a dog violates the provisions of this section and, as a result of such violation, such dog attacks and injures the service animal, such owner or keeper shall be liable, as provided in section 22-357, for any damage done to such service animal, and such liability shall include liability for any costs incurred by such person for the veterinary care, rehabilitation or replacement of the injured service animal and for reasonable attorney's fees.
(P.A. 96-243, S. 9, 16; P.A. 98-61, S. 1; P.A. 23-17, S. 9.)
History: P.A. 96-243 effective June 6, 1996; P.A. 98-61 added provision re the liability of the owner or keeper of a dog that attacks and injures a guide dog and the extent of such liability; P.A. 23-17 changed references from blind, deaf or mobility impaired person to person with a disability, changed references from guide dog to service animal, added provision re service animal to be readily identifiable as a service animal and deleted provision re service animal wearing a harness or orange-colored leash and collar, effective June 7, 2023.
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Sec. 22-367. General penalty. Enforcement. Any person owning, keeping or harboring a dog or cat or maintaining a breeding kennel or commercial kennel who violates any provision of this chapter for the violation of which no other penalty is provided, or any regulation legally made and published shall be fined not less than two hundred fifty dollars or imprisoned not more than thirty days or both. No commercial kennel shall board any dog or cat unless the owner of the dog or cat presents a certificate of vaccination as required by this chapter. The Chief Animal Control Officer, any animal control officer and any municipal or regional control officer shall diligently inquire after, and prosecute for, any violation of any provision of this chapter.
(1949 Rev., S. 3414; 1953, S. 1852d; 1961, P.A. 517, S. 22; 1963, P.A. 613, S. 33; 1969, P.A. 81, S. 4; P.A. 91-46, S. 8, 12; 91-59, S. 20; 91-131, S. 3, 4; P.A. 98-12, S. 18, 22; P.A. 00-88, S. 2; P.A. 23-17, S. 10.)
History: 1961 act deleted prosecuting grand jurors from list of those who prosecute violations; 1963 act imposed minimum fine of $25 and raised maximum fine from $25 to $50 and included state warden, deputy state and regional wardens among those who prosecute violations; 1969 act replaced references to wardens with references to canine control officers as necessary; P.A. 91-46 included reference to vaccinations of cats and added a requirement that commercial kennels insure that boarded cats have certificates of vaccination; 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. 91-131 added commercial kennels to the scope of violators liable under this section and added a requirement that a certificate of vaccination be presented for the boarding of a dog at a commercial kennel; P.A. 98-12 changed “canine control officer” to “animal control officer”, effective July 1, 1998; P.A. 00-88 increased the fine from a minimum of $25 and a maximum of $50 to a fine of $250 and made technical changes for the purposes of gender neutrality; P.A. 23-17 added reference to breeding kennels, deleted reference to regulations made for restraining or destroying cats or dogs, deleted references to constables, municipal or regional animal control officers, added reference to any animal control officers and any municipal or regional animal control officers and deleted provision re commissioner's response to complaints of dilatory or negligent officers, effective June 7, 2023.
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