Substitute House Bill No. 5801
          Substitute House Bill No. 5801

              PUBLIC ACT NO. 96-243

AN  ACT  CONCERNING   FERAL   CATS,  BENGAL  CATS,
VETERINARY  HOSPITALS, VICIOUS  DOGS,  CRUELTY  TO
ANIMALS,  DAMAGE  TO  PROPERTY  BY  ANIMALS,  DRUG
TESTING   OF   ANIMALS    IN   DRAWING   CONTESTS,
VACCINATION OF DOGS  AND  CATS  AND IMPOUNDMENT OF
ANIMALS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. (NEW)  (a) A municipality may adopt
an ordinance requiring  the  registration,  within
one year of  the  adoption  of  such ordinance, of
keepers of feral cats in residential or commercial
areas. Such ordinance  shall require that any such
keeper  shall register  with  the  animal  control
officer for such  municipality  who  shall provide
information to the registrant regarding the proper
care and management of feral cats. For purposes of
this section, "feral  cat"  means  a  free-roaming
domestic cat which is not owned and "keeper" means
any person or  organization,  harboring, regularly
feeding or having  in  his  or  its possession any
feral cat. Refusal  to  permit  any animal control
officer to impound  a  feral  cat  shall be deemed
evidence of keeping.  Such ordinance shall require
that   such  keepers   shall   provide   for   the
vaccination of such  cats  against  rabies and the
sterilization of such  cats.  Such keeper shall be
considered an eligible  owner  for purposes of the
animal  population  control   program  established
under sections 22-380e  to  22-380m, inclusive, of
the  general  statutes,  provided  such  cats  are
adopted from a municipal pound.
    (b)  A municipality  may  adopt  an  ordinance
providing that no person owning or keeping any cat
shall  permit such  animal  to  (1)  substantially
damage property other  than  the  property  of the
owner  or  keeper  or  (2)  cause  an  unsanitary,
dangerous  or  unreasonably  offensive  condition.
Violation   of  such   provision   shall   be   an
infraction.
    Sec. 2. (NEW)  (a)  Any animal control officer
for a municipality  which has adopted an ordinance
under subsection (b)  of section 1 of this act may
take into custody  any  cat  found  to be damaging
property  other than  property  of  its  owner  or
keeper  or causing  an  unsanitary,  dangerous  or
unreasonably offensive condition  unless  such cat
can be identified  as  under the care of its owner
or a registered  keeper of feral cats. The officer
shall impound such  cat  at  the pound serving the
town where the cat is taken unless, in the opinion
of a licensed  veterinarian, the cat is so injured
or   diseased  that   it   should   be   destroyed
immediately, in which  case  the  municipal animal
control officer of  such town may cause the cat to
be mercifully killed by a licensed veterinarian or
disposed of as  the State Veterinarian may direct.
The  municipal  animal   control   officer   shall
immediately notify the  owner or keeper of any cat
so taken, if  known,  of  its  impoundment. If the
owner or keeper  of  any  such cat is unknown, the
officer shall immediately tag or employ such other
suitable means of identification of the cat as may
be approved by  the  Chief  Canine Control Officer
and shall promptly cause a description of such cat
to be published  once in the lost and found column
of a newspaper having a circulation in such town.
    (b) If such cat is not claimed by and released
to the owner  within  seven days after the date of
publication, the municipal animal control officer,
upon  finding  such  cat  to  be  in  satisfactory
health,  may sell  such  cat  to  any  person  who
satisfies such officer that he is purchasing it as
a pet and  that  he  can  give  it a good home and
proper care. The  municipal animal control officer
may  retain  possession   of  such  cat  for  such
additional period of time as he may deem advisable
in order to  place  such  cat as a pet. If, within
such  period,  any  cat  is  not  claimed  by  and
released to the  owner or keeper or purchased as a
pet,  the officer  shall  cause  such  cat  to  be
mercifully killed by  a  licensed  veterinarian or
disposed of as  the State Veterinarian may direct.
No person who  so  destroys  a  cat  shall be held
criminally or civilly liable therefor.
    (c) Any cat  captured  or  impounded under the
provisions of subsection (a) of this section shall
be redeemed by the owner or keeper thereof, or the
agent  of  such   owner  or  keeper,  upon  proper
identification, and presentation  to the municipal
animal control officer  of a license, tag or other
means of identification for such cat, and upon the
payment by such  owner  or  keeper or his agent of
(1)  the  redemption   fee   established   by  the
municipality,  which  shall   not  exceed  fifteen
dollars, and (2)  the cost of advertising incurred
under the provisions  of  subsection  (a)  of this
section. When the  owner  or  keeper  of  any such
impounded cat fails  to  redeem  such  cat  within
twenty-four hours after  receiving notification to
do so, or,  where  the  owner  was unknown, within
twenty-four hours after  notification was effected
by means of publication in a newspaper, such owner
or  keeper  shall   pay,   in   addition  to  such
redemption fee and  the  cost  of advertising, the
amount determined by  the  municipality  to be the
full cost of  detention and care of such impounded
cat. In addition,  any owner or keeper of any such
impounded cat who  fails to redeem such cat within
one   hundred   twenty   hours   after   receiving
notification to do  so  shall  have  committed  an
infraction.   The   legislative    body   of   the
municipality shall set  any  fees  imposed  by the
municipality under this section.
    Sec.  3.  Section   22-380g   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Commissioner  of Agriculture shall (1)
establish an animal  population control program to
provide  for spaying  and  neutering  services  to
eligible  owners  of   dogs   and  cats,  and  (2)
establish an account  to  be  known as the "animal
population  control  account".   The  account  may
contain any moneys required by law to be deposited
in the account.  Any  balance  remaining  in  said
account at the  end  of  any  fiscal year shall be
carried forward in  said  account  for  the fiscal
year next succeeding.
    (b) The commissioner  may  solicit  and accept
funds from any public or private source of help to
carry out the goals of the program, INCLUDING, BUT
NOT LIMITED TO, THE STERILIZATION OF FERAL CATS AS
PROVIDED IN SECTION 1 OF THIS ACT.
    (c)  Any revenue  collected  pursuant  to  the
provisions of sections  22-380f  and 22-380l shall
be  deposited in  the  animal  population  control
account. All money in the account shall be used by
the    commissioner    exclusively     for     the
implementation and promotion  of  the  program and
for the costs  associated  with the administration
of the program  provided not more than one hundred
eighty  thousand  dollars   may  be  expended  for
administrative costs per year.
    (d) The commissioner  may  suspend the program
at any time  that the amount of money available in
the account is  less  than  four  hundred thousand
dollars.  The  commissioner   may   reinstate  the
program  when such  amount  exceeds  four  hundred
thousand dollars.
    Sec. 4. Section 22-335 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Any municipal animal  control  officer  may be
removed by the authority which appointed him or by
the commissioner, and a successor may be appointed
by such authority  or commissioner. Any owner of a
dog OR CAT  aggrieved by the taking of such dog OR
CAT by a municipal animal control officer may make
complaint  to the  appointing  authority  of  such
municipal  animal  control   officer   or  to  the
commissioner; and if,  upon  investigation  of the
complaint, the authority or the commissioner finds
that the municipal animal control officer took the
dog OR CAT  otherwise  than in accordance with the
provisions of this  chapter,  or abused or cruelly
treated the dog  OR  CAT,  the  authority  or  the
commissioner may remove  the  officer  and appoint
his successor.
    Sec. 5. Section 26-40a of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    For  the  purposes   of   this   section,  the
following  shall  be   considered  as  potentially
dangerous  animals:  The  felidae,  including  the
lion, leopard, cheetah, jaguar, ocelot, jaguarundi
cat, puma, lynx and bobcat; the canidae, including
the wolf and  coyote;  and  the ursidae, including
the black bear,  grizzly  bear  and brown bear. No
person  shall  possess   a  potentially  dangerous
animal. Any such animal illegally possessed may be
ordered  seized  and   may   be   disposed  of  as
determined by the  Commissioner  of  Environmental
Protection. Any person  who violates any provision
of this section  shall  be fined not more than one
hundred dollars for  each  offense. The provisions
of  this section  shall  not  apply  to  municipal
parks,  zoos  and   nature  centers,  or  museums,
laboratories and research facilities maintained by
scientific  or  educational   institutions;  TO  A
PERSON POSSESSING A  BENGAL  CAT  CERTIFIED  BY AN
INTERNATIONALLY  RECOGNIZED MULTIPLE-CAT  DOMESTIC
FELINE BREEDING ASSOCIATION  AS BEING WITHOUT WILD
PARENTAGE FOR A  MINIMUM OF FOUR PRIOR GENERATIONS
WHICH CAT WAS  REGISTERED WITH THE COMMISSIONER OF
AGRICULTURE ON OR BEFORE OCTOBER 1, 1996, PROVIDED
NO SUCH CAT  MAY BE IMPORTED INTO THIS STATE AFTER
THE EFFECTIVE DATE  OF  THIS  ACT;  or  to persons
possessing animals legally  on  or  before May 23,
1983. IN ANY  ACTION  TAKEN BY ANY OFFICIAL OF THE
STATE OR ANY  MUNICIPALITY  TO  CONTROL  RABIES, A
BENGAL CAT SHALL  BE CONSIDERED NOT VACCINATED FOR
RABIES  IN  ACCORDANCE  WITH  ACCEPTED  VETERINARY
PRACTICE.
    Sec. 6. Subsection (b) of section 49-70 of the
general  statutes, as  amended  by  section  3  of
public act 95-358,  is  repealed and the following
is substituted in lieu thereof:
    (b) A commercial kennel, as defined in section
22-327, OR A  VETERINARY  HOSPITAL WHICH BOARDS OR
GROOMS  ANIMALS  FOR   NONMEDICAL   PURPOSES,  may
transfer any abandoned  [dog or cat] ANIMAL in its
custody to a  nonprofit  animal rescue or adoption
organization which annually  places  ten  or  more
[dogs or cats]  ANIMALS  in private homes as pets.
[A dog or  cat]  AN  ANIMAL  shall  be  considered
abandoned if the  owner  or  keeper of such animal
fails to retrieve the animal within [fifteen] FIVE
days of the date on which such owner or keeper was
scheduled  to  retrieve   the   animal.  Prior  to
transferring such [dog or cat] ANIMAL, such kennel
OR VETERINARY HOSPITAL  shall  give  notice of its
intention to do  so  to the owner or keeper at his
last-known  address  by  registered  or  certified
mail, return receipt  requested, and shall allow a
period of [fifteen]  TEN  days to elapse after the
receipt  is  returned   before  transferring  such
animal. Each such commercial kennel AND VETERINARY
HOSPITAL shall post  in  a  visible  location  the
procedures provided for  in  this  subsection  and
shall give a  written notice of such procedures to
any person who  boards [a dog or cat] AN ANIMAL at
such kennel OR  WITH SUCH VETERINARY HOSPITAL. Any
nonprofit organization which  receives  [a  dog or
cat] AN ANIMAL  in  accordance with the provisions
of this subsection  shall  not  be  liable  in any
civil action brought  by  the  previous  owner  or
keeper of such  animal for any subsequent transfer
or disposal of such animal by such organization.
    Sec. 7. Subdivision  (7)  of  section 53a-3 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (7)   "Dangerous   instrument"    means    any
instrument, article or  substance which, under the
circumstances in which  it is used or attempted or
threatened to be used, is capable of causing death
or  serious  physical   injury,   and  includes  a
"vehicle" as that  term is defined in this section
AND INCLUDES A  DOG  THAT  HAS  BEEN  COMMANDED TO
ATTACK, EXCEPT A  DOG  OWNED  BY A LAW ENFORCEMENT
AGENCY OF THE  STATE  OR ANY POLITICAL SUBDIVISION
THEREOF OR OF THE FEDERAL GOVERNMENT WHEN SUCH DOG
IS IN THE  PERFORMANCE  OF  ITS  DUTIES  UNDER THE
DIRECT  SUPERVISION,  CARE   AND   CONTROL  OF  AN
ASSIGNED LAW ENFORCEMENT OFFICER.
    Sec. 8. Section 53-247 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Any person  who  overdrives,  drives  when
overloaded,  overworks,  tortures,   deprives   of
necessary sustenance, mutilates  or  cruelly beats
or kills or  unjustifiably  injures any animal, or
who,  having impounded  or  confined  any  animal,
fails to give  such animal proper care or neglects
to cage or  restrain  any  such  animal from doing
injury to itself  or to another animal or fails to
supply any such  animal  with  wholesome air, food
and  water,  or   unjustifiably   administers  any
poisonous or noxious  drug  or  substance  to  any
domestic animal or  unjustifiably exposes any such
drug or substance, with intent that the same shall
be taken by  an  animal,  or causes it to be done,
or,  having  charge  or  custody  of  any  animal,
inflicts cruelty upon  it  or  fails to provide it
with proper food,  drink  or  protection  from the
weather or abandons  it or carries it or causes it
to be carried in a cruel manner, [or sets on foot,
instigates, promotes or carries on or performs any
act as assistant,  umpire or principal in, or is a
witness of, or  in  any  way aids in or engages in
the furtherance of,  any  fight  between  cocks or
other birds, dogs  or  other animals, premeditated
by any person  owning,  or having custody of, such
birds  or  animals,]  or  fights  with  or  baits,
harasses or worries  any animal for the purpose of
making  it perform  for  amusement,  diversion  or
exhibition,  shall be  fined  not  more  than  one
thousand dollars or  imprisoned  not more than one
year or both.
    (b)   ANY   PERSON    WHO    MALICIOUSLY   AND
INTENTIONALLY MAIMS, MUTILATES,  TORTURES,  WOUNDS
OR KILLS AN  ANIMAL  SHALL  BE FINED NOT MORE THAN
FIVE THOUSAND DOLLARS  OR IMPRISONED NOT MORE THAN
FIVE  YEARS  OR   BOTH.  THE  PROVISIONS  OF  THIS
SUBSECTION  SHALL  NOT   APPLY   TO  ANY  LICENSED
VETERINARIAN WHILE FOLLOWING ACCEPTED STANDARDS OF
PRACTICE OF THE  PROFESSION OR TO ANY PERSON WHILE
FOLLOWING  APPROVED  METHODS  OF  SLAUGHTER  UNDER
SECTION 22-272a, WHILE PERFORMING MEDICAL RESEARCH
AS AN EMPLOYEE OF, STUDENT IN OR PERSON ASSOCIATED
WITH  ANY  HOSPITAL,  EDUCATIONAL  INSTITUTION  OR
LABORATORY,  WHILE  FOLLOWING  GENERALLY  ACCEPTED
AGRICULTURAL PRACTICES OR  WHILE  LAWFULLY ENGAGED
IN THE TAKING OF WILDLIFE.
    (c)  ANY  PERSON   WHO   KNOWINGLY  (1)  OWNS,
POSSESSES, KEEPS OR TRAINS AN ANIMAL ENGAGED IN AN
EXHIBITION OF FIGHTING  FOR AMUSEMENT OR GAIN, (2)
POSSESSES, KEEPS OR  TRAINS  AN  ANIMAL  WITH  THE
INTENT THAT IT  BE  ENGAGED  IN  AN  EXHIBITION OF
FIGHTING FOR AMUSEMENT OR GAIN, (3) PERMITS AN ACT
DESCRIBED  IN  SUBDIVISION  (1)  OR  (2)  OF  THIS
SUBSECTION TO TAKE  PLACE  ON  PREMISES  UNDER HIS
CONTROL, (4) ACTS  AS  JUDGE  OR  SPECTATOR  AT AN
EXHIBITION OF ANIMAL  FIGHTING  FOR  AMUSEMENT  OR
GAIN, OR (5)  BETS  OR WAGERS ON THE OUTCOME OF AN
EXHIBITION OF ANIMAL  FIGHTING  FOR  AMUSEMENT  OR
GAIN, SHALL BE  FINED  NOT MORE THAN FIVE THOUSAND
DOLLARS OR IMPRISONED  NOT MORE THAN FIVE YEARS OR
BOTH.
    [(b)] (d) Any  person  who intentionally kills
any animal while such animal is in the performance
of its duties  under  the  supervision  of a peace
officer, as defined  in  section  53a-3,  shall be
fined  not more  than  five  thousand  dollars  or
imprisoned not more than five years or both.
    Sec. 9. (NEW)  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 blind, deaf or
mobility impaired person  accompanied by his guide
dog, provided the  guide  dog  is  in  the  direct
custody of such  blind,  deaf or mobility impaired
person, is wearing  a harness or an orange-colored
leash     and    collar     which     makes     it
readily-identifiable  as  a   guide   dog  and  is
licensed in accordance  with section 22-345 of the
general  statutes. Any  person  who  violates  the
provisions of this section shall have committed an
infraction.
    Sec. 10. (NEW) Any person who intentionally or
recklessly releases a  domestic animal that enters
upon  the real  property  of  another  person  and
causes damage to  such  real property in an amount
in  excess of  one  hundred  dollars,  shall  have
committed an infraction.
    Sec.  11.  Section   22-364   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) No owner  or keeper of any dog shall allow
such dog to roam at large upon the land of another
and not under  control  of  the owner or keeper or
the agent of  the  owner or keeper, nor allow such
dog to roam  at large on any portion of any public
highway and not  attended or under control of such
owner or keeper  or his agent, provided nothing in
this [section] SUBSECTION  shall  be  construed to
limit or prohibit  the  use of hunting dogs during
the  open  hunting   or   training   season.   The
unauthorized presence of  any  dog  on the land of
any person other  than the owner or keeper of such
dog or on  any  portion  of  a public highway when
such dog is  not  attended by or under the control
of such owner  or  keeper,  shall  be  prima facie
evidence of a  violation of the provisions of this
[section] SUBSECTION. Violation  of  any provision
of  this  [section]   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.
    Sec.  12.  Section   22-126a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The Commissioner of Agriculture at the request
and expense of  the  authority  in  charge  of any
animal  drawing contest,  shall  provide  for  the
administration of a  program  to test, immediately
before  or  after   a  drawing  contest,  for  the
presence of drugs  in any animals participating in
such contest. The  authority  may charge the owner
of the animal  being  tested  for the cost of such
test.  THE  COMMISSIONER   MAY,  WITHIN  AVAILABLE
APPROPRIATIONS, ON HIS OWN INITIATIVE AND AT STATE
EXPENSE TEST ANIMALS PARTICIPATING IN SUCH CONTEST
ON A RANDOM  BASIS  FOR THE PRESENCE OF DRUGS. The
authority in charge  of such contest shall provide
well-lighted facilities, removed  from the public,
for the administration  of such test. The owner of
any  animal  being   so   tested   shall   provide
assistance and proper restraint for confining such
animal for and  during  the administration of such
test. If the  animal  continues to resist the test
after  restraint  is   applied   and   the  person
administering the test  determines a danger exists
to the animal  or  persons present at the test, an
alternative test shall  be  administered. No prize
money shall be  paid  until the result of the test
is known. If any such test reveals the presence of
a drug in  any  such  animal, such animal shall be
disqualified to participate in such contest, shall
be ineligible to  receive  any prize money awarded
in such contest  and  such  animal shall be barred
from participating in  any  such  contest  held in
this state for  a period of one year from the date
of receipt by  the  commissioner of the results of
the test. The  owner  of  any such animal shall be
barred from entering  any other animal in any such
contest held in  this  state  for  a period of not
less than one  year nor more than two years at the
commissioner's discretion from the date of receipt
by the commissioner of the results of the test for
the first finding  of  the  presence of a drug and
for a period  of  not less than two years nor more
than three years  at the commissioner's discretion
for a second  such  finding. The owner of any such
animal shall reimburse  the authority in charge of
such animal drawing  contest  OR THE STATE, AS THE
CASE MAY BE,  for  the  expense  of such test. The
owner  may  appeal,   in   accordance   with   the
provisions  of  chapter  54,  any  action  by  the
commissioner authorized by  this  section. As used
in  this section,  "drug"  means  any  medication,
stimulant, depressant, hypnotic  or  narcotic used
in the diagnosis,  cure,  mitigation, treatment or
prevention of disease in man or other animals.
    Sec.  13.  Section   22-339b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any owner or keeper of a dog or cat of the age
of three months  or  older  shall have such dog or
cat   vaccinated  against   rabies.   Any   animal
vaccinated prior to one year of age or receiving a
primary  rabies  vaccine   at  any  age  shall  be
considered protected for  only  one year and shall
be given a  booster vaccination one year after the
initial vaccination and  shall  be  vaccinated  at
least every three  years thereafter. Those animals
revaccinated after one  year of age shall be given
booster vaccinations at  least  every  three years
thereafter.  Proof  of   vaccination  shall  be  a
certificate issued by  a  licensed veterinarian in
accordance with subsection (a) of section 22-339c.
ANY  VIOLATION  OF   THIS   SECTION  SHALL  BE  AN
INFRACTION.
    Sec.  14.  Section   22-354   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any dog or  cat imported into this state shall
be accompanied by  a  certificate of health issued
by a licensed,  graduate veterinarian stating that
such dog or  cat  is  free  from  symptoms  of any
infectious,  contagious or  communicable  disease,
that such dog  or cat, [has been found not to have
been exposed to  rabies  within  one  hundred days
prior to its  importation into this state and that
such dog or cat,] if three months of age or older,
[has been vaccinated  with  rabies  vaccine  by an
approved veterinarian not  more than twelve months
prior to such importation] IS CURRENTLY VACCINATED
FOR RABIES BY  A  LICENSED VETERINARIAN. A copy of
such  health  certificate   shall   be   forwarded
promptly to the  commissioner  from  the livestock
sanitary official of  the state of origin. Any dog
or cat originating  from  a rabies quarantine area
must have permission  of  the  State  Veterinarian
prior to importation  into  this state. No person,
firm or corporation shall import or export for the
purposes of sale  or  offering for sale any dog or
cat under the  age  of eight weeks unless such dog
or cat is  transported with its dam and no person,
firm or corporation  shall  sell  within the state
any dog or  cat  under the age of eight weeks. Any
person,   firm  or   corporation   violating   the
provisions of this  section or bringing any dog or
cat into this  state from an area under quarantine
for  rabies shall  be  fined  not  more  than  one
hundred dollars or imprisoned not more than thirty
days or both.
    Sec.  15.  Section   22-332   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The Chief  Canine  Control  Officer,  any
canine control officer  or  any  municipal  animal
control  officer  shall  be  responsible  for  the
enforcement  of  this   chapter   and  shall  make
diligent search and  inquiry  for any violation of
any of its  provisions.  Any such officer may take
into  custody  (1)   any   dog  found  roaming  in
violation of the provisions of section 22-364, (2)
any dog not  having  a  tag  or  plate on a collar
about its neck  or  on  a  harness  on its body as
provided  by law  or  which  is  not  confined  or
controlled in accordance  with  the  provisions of
any order or  regulation relating to rabies issued
by  the  commissioner   in   accordance  with  the
provisions of this  chapter,  or (3) any dog found
injured on any  highway,  neglected,  abandoned or
cruelly treated. The  officer  shall  impound such
dog at the pound serving the town where the dog is
taken  unless,  in   the  opinion  of  a  licensed
veterinarian, the dog  is  so  injured or diseased
that it should  be destroyed immediately, in which
case the municipal  animal control officer of such
town may cause  the dog to be mercifully killed by
a licensed veterinarian  or  disposed  of  as  the
State  Veterinarian  may   direct.  The  municipal
animal control officer  shall  immediately  notify
the owner or keeper of any dog so taken, if known,
of its impoundment. SUCH OFFICER SHALL IMMEDIATELY
NOTIFY THE OWNER  OR  KEEPER  OF  ANY OTHER ANIMAL
WHICH IS TAKEN  INTO  CUSTODY,  IF  SUCH  OWNER OR
KEEPER IS KNOWN.  If  the  owner  or keeper of any
such dog OR  OTHER  ANIMAL is unknown, the officer
shall  immediately  tag   or   employ  such  other
suitable means of  identification  of  the  dog OR
OTHER ANIMAL as  may  be  approved  by  the  Chief
Canine Control Officer  and shall promptly cause a
description of such  dog  OR  OTHER  ANIMAL  to be
published once in  the  lost and found column of a
newspaper having a circulation in such town.
    (b) If such dog OR OTHER ANIMAL is not claimed
by and released  to  the  owner  within seven days
after  the  date  of  publication,  the  municipal
animal control officer,  upon  finding such dog OR
OTHER ANIMAL to  be  in  satisfactory  health, may
sell such dog  OR  OTHER  ANIMAL to any person who
satisfies such officer that he is purchasing it as
a pet and  that  he  can  give  it a good home and
proper care. The  municipal animal control officer
may retain possession  of such dog OR OTHER ANIMAL
for such additional  period of time as he may deem
advisable in order  to  place  such  dog  OR OTHER
ANIMAL as a  pet.  If, within such period, any dog
OR OTHER ANIMAL  is not claimed by and released to
the owner or  keeper  or  purchased  as a pet, the
officer shall cause such dog OR OTHER ANIMAL to be
mercifully killed by  a  licensed  veterinarian or
disposed of as  the State Veterinarian may direct.
Any veterinarian who  so  destroys  a dog shall be
paid from the  dog  fund account. No person who so
destroys a dog  OR  OTHER  ANIMAL  shall  be  held
criminally or civilly liable therefor.
    (c) The town treasurer or other fiscal officer
shall  pay  from   the   dog   fund   account  the
advertising expense incurred  under the provisions
of  this  section  upon  receipt  of  an  itemized
statement   together   with    a   copy   of   the
advertisement  as  published.   Any   person   who
purchases a dog  as  a pet shall pay a fee of five
dollars and procure a license and tag for such dog
from  the  town  clerk,  in  accordance  with  the
provisions of section 22-338.
    Sec. 16. This  act  shall take effect from its
passage, except that  sections  1 to 4, inclusive,
shall take effect October 1, 1996.

Approved June 6, 1996