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ORDER OF THE NEW HAVEN BOARD OF ALDERS REGARDING AMENDMENTS TO THE CODE OF GENERAL ORDINANCES, SECTION 7 (ANIMALS): REGARDING POTENTIALLY DANGEROUS, DANGEROUS, AND/OR VICIOUS DOGS, BREEDERS’ PERMITS, PARVOVIRUS VACCINATIONS, AND DOG LEASHES.
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WHEREAS, in order to improve public safety, the New Haven Board of Alders has, from time to time, considered the enactment of an ordinance concerning dangerous or vicious dogs;
WHEREAS, in 2016 the Public Safety Committee began working toward a revision of the City Animal Ordinance, conducting, at the behest of Ward 29 Alder Wingate, a series of meetings and workshops on “best practices for addressing issues related to dog bites, vicious dogs, and the related responsibilities of dog owners;”
WHEREAS, the Public Safety Committee collaborated with the City’s police and fire chiefs, animal control officer, and director of public safety communications to produce proposed revisions to the Code of General Ordinances concerning potentially dangerous, dangerous, or vicious dogs, along with breeders’ permits, parvovirus vaccinations, and importance of dog owners maintaining control of their dogs at all times and not allowing the dogs to roam at large; and
WHEREAS, the Public Safety Committee worked with public-safety managers to produce a new protocol for how personnel from police, fire, and public safety communication respond to emergency calls involving animals.
NOW, THEREFORE, BE IT ORDAINED by the Board of Alders of the City of New Haven that Section 7 (ANIMALS) of the Code of General Ordinances is hereby amended and replaced with the following.
BE IT FURTHER ORDAINED that except as herein amended the Code of General Ordinances shall remain in full force and effect.
BE IT FURTHER ORDAINED that this amendment shall take immediate effect upon passage, subject to the requirements of Section 41 of the Charter of the City of New Haven.
Revised New Haven Animal Ordinance
Chapter 7 - Animals
Sec. 7-1. - Definitions.
When used in this Ordinance, words have their common meaning and in addition the following words, terms, phrases, and their derivations have the following meanings: (a) Animal means any brute creature including, but not limited to, dogs, cats, monkeys, guinea pigs, hamsters, rabbits, birds and reptiles. It shall also include quadrupeds and amphibians.
(b) Animal control officer means any such officer and assistants appointed under the provisions of Conn. Gen. Stat. § 22-331, as amended from time to time.
(c) At large means any animal off the owner's premises and not under the control of the owner, a member of the owner’s immediate family, the owner's authorized representative, or keeper.
(d) Bite injury means any contact between an animal’s mouth and teeth and the skin of a bite victim which causes visible trauma, such as a puncture wound, laceration, or other piercing of the skin.
(e) Commercial kennel means a kennel maintained for boarding or grooming dogs or cats, and includes, but is not limited to, any veterinary hospital which boards or grooms dogs or cats for nonmedical purposes
(f) Dangerous dog means any dog that has caused a bite injury and is not a vicious dog. (g) Domestic animal means an animal of a tamed species commonly kept as pets and includes livestock.
(h) Enclosure means a fenced or walled area having a fence or wall height suitable to prevent the entry of young children and suitable to confine a dog.
(id) Farm animal means any animal or fowl kept or harbored for the production of food, breeding, transportation, or pelts. It shall include, but not be limited to, horses, mules, donkeys, goats, pigs, cattle, sheep, raccoons, mink, chickens, roosters, ducks, geese, pheasants, game hens, turkeys, and pigeons.
(j) Impoundment means seizing and confining a dog by any police officer, animal control officer, or any other public officer under the provisions of this Ordinance and Conn. Gen. Stat. § 22331.
(k) Muzzle means a device constructed of strong, soft material or metal designed to fasten over the mouth of a dog that prevents the dog from biting any person or other animal, and that does not interfere with its respiration.
(le) Owner means any person, partnership, firm, association, or corporation having a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his or her care, or acts as the animal’s custodian, or who knowingly permits an animal to remain on any premises occupied by him or her.
(m) Permit means annual registration with the Animal Control Division of the New Haven Police Department and authorization for an owner to keep a potentially dangerous or dangerous licensed dog upon payment of a separate fee to the city of New Haven.
(n) Potentially dangerous dog means a dog that while at large: (1) behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or domestic animal, or (2) causes injury to a domestic animal.
(o) Provocation means any action or activity, whether intentional or unintentional, which would be reasonably expected to cause a normal dog in similar circumstances to react in a manner similar to that shown by the evidence.
(p) Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.
(q) Serious physical injury means disfigurement, protracted impairment of health, or impairment of the function of any bodily organ.
(r) Service dog means a dog that is individually trained to do work or perform tasks for people with disabilities and is duly certified to do such work.
(s) Wild animal means any animal which is ferae naturae or wild by nature. It shall include, but not be limited to, snakes, alligators, raccoons, other large or dangerous reptiles, tigers, lions, monkeys, apes, bears, large or dangerous birds, large or dangerous fish, deer, elk, moose, and antelope.
(t) Vicious dog means a dog that without provocation or justification bites or attacks a person and causes serious physical injury or death or is declared vicious under this title.
(Ord. of 1-3-77; Code of 1985, § 7-1; Ord. of 12-7-87, § 1; Ord. of 7-10-95, § 1; Ord. No.
1400, 1-3-06)
Sec. 7-2. - Unlawful possession of potentially dangerous animals.
Unless otherwise authorized, no owner shall possess a potentially dangerous animal, such as a bear, alligator, monkey, wolf, coyote, or others as defined in Conn. Gen. Stat. § 2640a, as amended from time to time. Any such animal illegally possessed may be seized and disposed of as determined by the Commissioner of Energy and Environmental Protection or other lawfully authorized federal, state, or municipal authority. Any owner who violates this provision shall be fined up to the maximum amount authorized by state statutes or this Code. Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. (Ord. No. 1400, 1-3-06)
Sec. 7-3. - Cruelty to animals.
(a) Pursuant to Conn. Gen. Stat. § 53-247, as amended from time to time, and unless otherwise exempted, any owner who overdrives, drives when overloaded, overworks, tortures, deprives of necessary sustenance, mutilates, cruelly beats, kills, or unjustifiably injures any animal; or who, having impounded or confined any animal, fails to give proper care to such animal; 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 animal to 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 any animal with proper food, drink, protection from the weather, or abandons it; or carries it or causes it to be carried in a cruel manner; or fights with, baits, harasses, or worries any animal for the purpose of making it perform for amusement, diversion, or exhibition, shall be fined up to the maximum amount authorized by state statutes or this Code per day per offense.
(b) 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 so engaged; (3) permits an act described in subdivision (1) or (2) of this subsection to take place on premises under his or her 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 up to the maximum amount authorized by state statutes or this Code per offense.
(c) No person shall commit any other act of cruelty against an animal as proscribed by Conn. Gen. Stat. § 53-247, as amended from time to time, or other federal, state, local law, or regulation. Failure to comply with this subsection shall result in a fine up to the maximum amount authorized by state statutes or this Code per day per offense.
(Code of 1985, § 7-2.2; Ord. of 7-10-95, § 3; Ord. No. 1400, 1-3-06)
Sec. 7-4. - Animals not to be permitted at large; fouling of public places; removal of feces.
(a) No person shall allow any animal under his or her control to deposit feces on any public place, including, but not limited to, a sidewalk, street, gutter, park, playground, beach, or footpath of the City.
(b) Any owner or keeper of an animal shall not appear with it at any public place, including, but not limited to, a sidewalk, street, gutter, park, playground, beach, or footpath of the City without the means of removal of any feces left by such animal. For the purposes of this section, the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces.
(c) If any animal deposits feces on any public space, the person having control of such animal shall remove the feces immediately including, but not limited to, a sidewalk, street, gutter, park, playground, beach or footpath of the city and dispose of said feces in the manner prescribed by health department regulations.
(d) It shall be unlawful for the owner or keeper of any animal to fail to keep his or her animal under his or her control with a leash or other methods designed for such purposes, or to permit any animal to run at large upon the streets and public ways of the City or upon property other than that of the owner or keeper, except designated dog parks.
(e) The provisions of this section shall not apply to a trained, duly certified service dog. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals.
(f) Any person violating this section shall be subject to a fine up to the maximum amount authorized by state statutes or this Code per offense.
(Ord. of 1-3-77; Code of 1985, § 7-3; Ord. of 2-17-87; Ord. No. 1400, 1-3-06)
Sec. 7-5. - Keeping nuisance animals; animals roaming at large; penalty for violations.
(a) No person shall keep, harbor, or cause to be kept or harbored, any animal in any place or manner within the City, so as to cause a nuisance by reason of such animal's vicious disposition or other disturbance. Any animal that disturbs the peace and quiet of neighbors or the public is deemed to be a nuisance.
(b) No person having custody of any animal shall permit it to roam at large. Such action is deemed to be a nuisance and a danger to the public health and safety.
(c) Any person who violates this section shall be guilty of an offense, and on conviction shall be punished by a fine up to the maximum amount authorized by state statutes or this Code. (Code of 1985, § 7-2.1; Ord. of 12-7-87, § 2; Ord. of 7-10-95, § 2; Ord. No. 1400, 1-3-06)
Sec. 7-6. Dog licenses, fees.
(a) Pursuant to Conn. Gen. Stat. § 22-338, as amended from time to time, and unless otherwise exempted, each owner or keeper of a dog that is kept in the City must obtain a license for it at the city clerk's office, if the dog is six (6) months or older. Such license must be obtained on or before June 30, annually, or at such time as such dog becomes six (6) months old, and annually thereafter, on or before June 30. The owner or keeper shall pay a license fee for each dog as required under state or local laws. Additionally, the owner or keeper of said dog must pay a fee for the city clerk's issuance of a tag and license as provided in Conn. Gen. Stat. § 22-340, as amended from time to time, or other amount required by state or local law. A certain sum from each license fee collected for a neutered or spayed dog shall be deposited into the State animal population control fund. If an owner or keeper of a dog fails to procure a license as required by this section, such owner or keeper shall pay the appropriate license fee, the city clerk's fee, and a penalty for each month or fraction thereof that the dog remains unlicensed.
(b) Any owner or keeper applying for a license for a dog under subsection (a) of this section shall submit to the city clerk a rabies and parvovirus certificate signed by a veterinarian, or a copy thereof, stating that such dog has been vaccinated against rabies and parvovirus, the date of the vaccinations, and the duration of the immunity provided by the vaccines. No license shall be issued unless the certificate indicates that the immunity provided by the vaccines is effective at the time of licensing.
Sec 7-7. Parvovirus required vaccination for all dogs.
Effective July 1, 2019, all dogs that are to be licensed within the City of New Haven, per Conn. Gen. Stat. § 22-338, shall receive the parvovirus (parvo) vaccination and state mandated rabies vaccination per Conn. Gen. Stat. § 22-339b. The owner or keeper of such dog shall submit to the city clerk a vaccination record by a licensed veterinarian, or a copy thereof, stating that such dog has been vaccinated against parvovirus and rabies, the date of the vaccinations, and the duration of the immunity provided by the vaccines. Failure to have the required vaccination for parvovirus will be a city ordinance violation and shall be punishable by a fine of fifty dollars ($50.00), which shall be enforced by the Animal Control Division of the New Haven Police Department.
(Ord. No. 1400, 1-3-06)
Sec. 7-8. Licenses Issued; city clerk.
(a) Pursuant to Conn. Gen. Stat. § 22-340, as amended from time to time, the city clerk shall provide a license and tag to each owner licensing a dog in the City. The license shall be set forth on a form prescribed by the Commissioner of Agriculture and contain a description of the dog and the number under which such dog is licensed. The city clerk shall issue a tag or plate of material prescribed by the commissioner, containing the city's name, the license number, and the year of license. The city clerk shall not issue a license or tag to any owner for any neutered male or spayed female dog not previously licensed as such unless the owner causing the dog to be licensed exhibits to the city clerk a certificate from a licensed veterinarian stating that such veterinarian has neutered or spayed the dog, or after examining the dog, the veterinarian finds that the dog has been neutered or spayed.
(b) The city clerk shall provide a mailing system regarding the issuance and renewal of licenses issued under Conn. Gen. Stat. §§ 22-338 and 22-339, as each is amended from time to time. The city clerk may make applications for such licenses available at such facilities as commercial kennels, pet stores, veterinarian offices, humane society offices, and pet grooming establishments.
(c) Pursuant to Conn. Gen. Stat. § 22-341, as amended from time to time, each owner or keeper of a licensed dog shall keep around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag or plate issued to such owner by the city clerk. If any such tag or plate is lost, the owner or keeper of such dog shall forthwith secure a substitute tag or plate from the city clerk, at an additional cost.
(Ord. No. 1400, 1-3-06)
Sec. 7-9. - Municipal animal control officers; assistants.
Pursuant to Conn. Gen. Stat. § 22-331, as amended from time to time, the chief of police or his or her designee shall appoint a full-time animal control officer and such assistants as are deemed necessary to administer and enforce the laws relating to dogs or other domestic animals. Such animal control officer and assistants shall have such qualifications as the Commissioner of Agriculture may prescribe and shall serve for a term of at least one (1) year.
(Ord. No. 1400, 1-3-06)
Sec. 7-10. - Unlicensed dogs-Regulations; impoundment.
Pursuant to Conn. Gen. Stat. § 22-349, as amended from time to time, on or before July 1 of each year, the city clerk shall provide the animal control officer with a copy of each dog license issued by such clerk. The animal control officer shall thereupon make diligent search for any unlicensed dog that state law requires to be licensed. If the owner or keeper of such unlicensed dog is not known, the animal control officer shall impound such dog. The owning or keeping of an unlicensed dog and the failure to purchase a license and pay the advertising and redemption fee within one hundred twenty (120) hours from the time the dog was impounded shall be an offense, and the offender may be subject to a fine up to the maximum amount authorized by state statutes or this Code.
(Ord. No. 1400, 1-3-06)
Sec. 7-11. - Dangerous dogs, cats, wild, or farm animals.
(a) ACTIVE SITUATIONS INVOLVING DANGEROUS OR VICIOUS ANIMALS
If any animal is found acting in a dangerous, fierce, or vicious manner, and a police officer believes that such animal presents a clear and present danger to the public’s general health and welfare, and an animal control officer cannot safely capture and impound it in a timely manner, such officer, or any other duly authorized person may euthanize the animal.
(b) CLASSIFICATION OF POTENTIALLY DANGEROUS, DANGEROUS, OR VICIOUS DOGS, FEES AND CONSEQUENCES
The animal control officer or such designee may find and declare a dog potentially dangerous, dangerous, or vicious, if the officer has probable cause to believe that the dog falls within the definition of a potentially dangerous dog, dangerous dog, or vicious dog with supporting evidence including but not limited to witnesses, police reports of potentially dangerous, dangerous, or vicious dog behavior, or one-on-one observation of the dog in question.
Any dog that has bitten or otherwise attacked a human or has behaved so as to impose a threat of imminent bodily harm by high-risk behavior towards a human who is behaving peacefully and lawfully shall be prima facie evidence of a potentially dangerous, dangerous, or vicious dog. The declaration shall be in writing stating the reasons for the determination and shall be served by the animal control officer to the owner if known, or where the owner is not known, by publication in a newspaper of general circulation. No dog shall be declared dangerous or vicious, if any injury or damage caused by a dog is sustained by a person who, at the time of the injury (1) was found to be committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or (2) was teasing, tormenting, abusing, or assaulting the dog, or (3) was committing or attempting to commit a crime. No dog shall be declared dangerous or vicious, if the dog was protecting or defending a human within the immediate vicinity of the dog from an unjustified attack.
(1) Potentially Dangerous Dogs
No owner shall maintain a potentially dangerous dog without a permit or otherwise in violation of this section.
(i) Signs. “Beware of dog” signs shall be posted on the residence where the dog is located. Signs shall be posted in a manner as to be highly visible to the public from the street, at all angles.
(ii) The dog must be registered with the Animal Control Division of the New Haven Police Department as a potentially dangerous dog with payment of a fee to the city of New Haven for a permit and. the owner of the dog must take appropriate steps to correct the behavior, such as the successful completion of a dog behavior class, American Kennel Club canine good citizen certification program, or a similar program found acceptable by the division.
(iii) No owner owning, harboring, or having the care or custody of a potentially dangerous dog shall permit the dog to go at large or leave the owner’s or keeper’s property unless the dog is securely leashed and muzzled.
(iv) Spaying/Neutering. All owners of potentially dangerous dogs must spay or neuter the dog and provide proof of sterilization to the animal control officer within fourteen (14) days of the animal control officer declaring the dog as a potentially dangerous dog.
(2) Dangerous Dogs
No owner shall maintain a dangerous dog without permit or otherwise in violation of this section.
(i) The dog must be registered with the Animal Control Division of the New Haven Police Department as a dangerous dog with payment of a fee to the city of New Haven for a permit.
(ii) Keeping of a dangerous dog. Once a dog has been declared dangerous, it shall be kept in a secure enclosure subject to the following requirements:
(iii) Leash. No person having charge, custody, control, or possession of a dangerous dog shall allow the dog to exit its enclosure unless such dog is securely attached to a leash not more than four (4) feet in length and walked by a person who is both over the age of eighteen and who has the physical ability to restrain the dog at all times.
(iv) No owner or keeper shall keep or permit a dangerous dog to be kept on a chain, rope, or other type of leash outside its enclosure unless a person capable of controlling the dog is in physical control of the leash.
(v) Muzzle. It shall be unlawful for any owner of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog’s breathing or vision.
(vi) Confinement. Except when leashed and muzzled as provided in this Section, a dangerous dog shall be securely confined in a residence, locked pen, or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light, and ventilation. The enclosed structure shall be kept in a clean and sanitary condition. The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(vii) Indoor Confinement. No dangerous dog shall be kept on a porch, patio, or in any part of the house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(viii) Signs. “Beware of dog” signs shall be posted on the residence where the dog is located. Signs shall be posted in a manner as to be highly visible to the public from the street, at all angles.
(ix) Identification Photographs. All owners of dangerous dogs must within ten (10) days of determination provide the animal control officer two (2) colored photographs of the registered dog clearly showing the color and approximate size of the dog.
(x) Microchip. All owners must within ten (10) days of determination microchip the dog and provide microchip information to the Animal Control Division of the New Haven Police Department to register the dog as dangerous.
(xi) Spaying/Neutering. All owners of dangerous dogs must within ten (10) days of determination spay or neuter the dog and provide proof of sterilization to the animal control officer.
(xii) Sale or Transfer of Ownership. Prohibited. Sale - No owner shall sell, barter, or in any other way dispose of a dangerous dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the owner or keeper of such dog, provided that the owner or keeper of a dangerous dog may sell, barter, or otherwise dispose of a registered dog to persons who do not reside within the City. Owner or keeper must disclose dog’s status as a dangerous dog to anyone to whom the owner transfers custody or care of the dog.
(xiii) Notification of Escape. The owner or keeper of a dangerous dog shall notify the animal control officer immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification also shall be required if the dog bites or attacks a person or domestic animal.
(xiv) Failure to Comply. It shall be a separate offense to fail to comply with the restrictions in this Section. Any dog found to be in violation of this Section shall be subject to immediate seizure and impoundment pursuant to Conn. Gen. Stat. § 22-358. In addition, failure to comply with the requirements and conditions set forth in state law and this Ordinance shall result in the revocation of the dog’s license and the permit providing for the keeping of such dog.
(3) Vicious Dogs
It shall be unlawful to keep, possess, or harbor a vicious dog within the city limits. The provisions of this article shall not apply to a police dog being used to assist one or more law enforcement officers acting in an official capacity.
The animal control officer may order a dog euthanized that has been declared vicious. The owner or keeper of a dog that the animal control officer declares to be vicious may appeal that determination to the commissioner within fourteen (14) days after the issuance of such order pursuant to Conn. Gen. Stat. § 22-358.
The owner or keeper of a vicious dog shall be liable for and shall pay all costs associated with the seizure, impoundment, removal, or euthanasia of said animal. The owner or keeper shall pay any other associated costs incurred.
(Ord. of 1-3-77; Code of 1985, § 7-6; Ord. of 12-7-87, § 3; Ord. No. 1400, 1-3-06)
(4) Continuation of Dangerous Dog Declaration
Any dog that has been declared dangerous or vicious by any agency or department of this City, another municipality, county, or state shall be subject to the provisions of this Ordinance. The owner of any dog designated as potentially dangerous or dangerous by any municipality, county, or state government shall notify the Animal Shelter Division of the New Haven Police Department of the dog’s address and conditions of maintenance within ten (10) days of the dog moving into the City of New Haven. The restrictions and conditions of maintenance of any dog declared dangerous by this City, another municipality, county, or state shall remain in force while the dog remains in the City. No dog declared a potentially dangerous, dangerous, or vicious dog by any other designation agency or department of another municipality, county, or state based solely on size, breed, mix of breeds, or appearance shall be subject to this Section.
(5) Strict Liability Pursuant to Conn. Gen. Stat. § 22-357, as amended from time to time, the owner of a vicious or dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.
Sec. 7-12. - Seizure of abandoned or abused animals.
Pursuant to Conn. Gen. Stat. § 22-329, as amended from time to time, the Commissioner of Agriculture, the chief animal control officer, any animal control officer or assistant, or any law enforcement officer may interfere to prevent any act of cruelty upon any animal, and any person who interferes with, obstructs, or resists the commissioner or any such officer in the discharge of his or her duty, shall be fined up to the maximum amount authorized by state statutes or this Code.
(1) Pursuant to Conn. Gen. Stat. § 22-329a, as amended from time to time, the chief animal control officer or any animal control officer may lawfully take charge of any animal found neglected or cruelly treated in violation of federal, state, or local law and shall thereupon proceed as provided in subsection (2) of this section, except that if in the opinion of a licensed veterinarian such animal is so injured or diseased that it should be euthanized immediately, such officer may humanely euthanize or cause such animal to be humanely euthanized.
(2) Such officer shall file a verified petition with the Superior Court for the Judicial District of New Haven. The petition shall plainly state such facts as to bring such animal within the jurisdiction of the court and pray for appropriate action by the court in accordance with the provisions this Section's provisions.
(Code of 1985, § 7-2.3; Ord. of 7-10-95, § 4; Ord. No. 1400, 1-3-06)
Sec. 7-13. - Impounding.
(a) Pursuant to Conn. Gen. Stat. § 22-332, as amended from time to time, the chief animal control officer or any 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 federal, state, or local law; (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 city's animal shelter unless, in the opinion of a licensed veterinarian, the dog is so injured or diseased that it should be euthanized immediately, in which case the City's animal control officer may cause the dog to be mercifully euthanized by a licensed veterinarian or disposed of as the state veterinarian may direct. The animal control officer shall make a complete registry pertaining to the impounded dog, entering its breed, color and sex, and indicate whether it is licensed. If licensed, the officer shall enter the owner's name and address and the number of the license tag. Licensed dogs shall be kept separated from unlicensed animals whenever possible. (b) Pursuant to Conn. Gen. Stat. § 22-332d, as amended from time to time, any city animal control officer may take into custody any cat found to be damaging property other than that 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 keeper, or a registered keeper of feral cats. The officer shall impound such cat at the City's animal shelter unless, in the opinion of a licensed veterinarian, the cat is so injured or diseased that it should be euthanized immediately, in which case the animal control officer may cause the cat to be mercifully euthanized by a licensed veterinarian or disposed of as the state veterinarian may direct.
(c) The animal control officer is authorized to take any other animal that is found to be roaming, abandoned, or abused and impound it in accordance with the directives of this section. (Ord. of 1-3-77; Code of 1985, § 7-3; Ord. of 12-7-87, § 3; Ord. No. 1400, 1-3-06)
Sec. 7-14. - Notice to owner; impoundment fees.
(a) The animal control officer shall notify an identified owner or keeper of the impoundment of his or her animal. Such notice shall be given no later than twenty-four (24) hours after the impoundment. If such owner is unknown, the animal control officer shall employ means of identifying the animal and promptly cause a description of it to be published once in the lost and found column of a newspaper having general circulation in the City by describing the impounded animal and the place and time of taking. The owner shall redeem the animal in the lawfully prescribed manner.
(b) Pursuant to Conn. Gen. Stat. § 22-333, as amended from time to time, an owner of an impounded animal may redeem it upon proper identification, payment of a legally imposed redemption fee, and a per diem fee for each day that the animal has been impounded. When the impounded animal is a dog, the owner must present a license and tag for such animal to the animal control officer. Additionally, the owner must also pay advertising costs when newspaper publication was provided. The animal control officer's written order must be rendered before the release of an impounded animal that has done damage in violation of Conn. Gen. Stat. § 22355, as amended from time to time.
(c) When the owner of an impounded animal fails to redeem it within twenty-four (24) hours after receiving notice to do so or within twenty-four (24) hours after newspaper publication of such notice, the owner shall pay the full cost of the animal's impoundment and care besides the aforementioned costs.
(d) Any owner of an animal who fails to redeem it within one hundred twenty (120) hours after receiving notification to do so shall have committed an offense subject to a fine up to the maximum amount authorized by state statutes or this Code. Each day that the owner has not redeemed the animal shall constitute a separate offense. All other fees and fines, if any, shall remain in effect.
(Ord. of 1-3-77; Code of 1985, § 7-4; Ord. of 12-7-87, § 3; Ord. of 3-7-88; Ord. of 7-10-95, §
5; Ord. of 5-24-99; Ord. No. 1400, 1-3-06)
Sec. 7-15. - Unclaimed or infected dogs, cats, wild or farm animals.
(a) Pursuant to Conn. Gen. Stat.§22-332, as amended from time to time, if an impounded animal's owner does not redeem it within seven (7) days of such notice of the impoundment, and the animal control officer finds that it is in satisfactory health, the officer may have a licensed veterinarian spay or neuter such animal, and sell it to any person who satisfies such officer that such animal is being purchased as a pet and will be given the animal a good home and proper care. The animal control officer may retain possession of such animal for such additional period of time as such officer deems advisable in order to place it as a pet. (b) Pursuant to Conn. Gen. Stat. § 22-380f, as amended from time to time, and unless otherwise provided, the animal shelter shall not sell or give away any unspayed or unneutered dog or cat to any person unless the person buying or adopting such animal provides a lawfully authorized amount to such shelter. The City shall apply all funds received pursuant to this section into the State animal population control account established under Conn. Gen. Stat. § 22-380g, as amended from time to time. Upon receiving such payment, the animal shelter shall provide a voucher for the purpose of sterilization and vaccination benefits to the person buying or adopting such animal. Such voucher shall be on a form provided by the Commissioner and signed by the eligible owner. Such voucher shall become void after sixty (60) days from the date of adoption unless a participating veterinarian certifies that the dog or cat is medically unfit for surgery. Such certification shall be on a form provided by the Commissioner and specify a date by which such dog or cat may be fit for sterilization. If the surgery is performed more than thirty (30) days after such specified date, the voucher shall become void. In the case of a dog or cat that has been previously sterilized or is permanently medically unfit for sterilization as determined by a participating veterinarian, the voucher shall be void, and the eligible owner may apply to the Commissioner of Agriculture for a refund.
(c) Pursuant to Conn. Gen. Stat. § 22-332, as amended from time to time, if within such period any animal is not claimed by and released to the owner or purchased as a pet, the animal control officer shall cause such dog or other animal to be mercifully euthanized by a licensed veterinarian or disposed of as the state veterinarian may direct.
(Ord. of 1-3-77; Ord. of 12-7-87, § 3; Code of 1985, § 7-5; Ord. No. 1400, 1-3-06)
Sec. 7-16. - Penalties.
Except as otherwise specified, any owner, person, firm, association, or corporation violating any provision of this chapter shall be fined, upon conviction, up to the maximum amount authorized by state statutes or this Code per day per offense.
(Ord. of 1-3-77; Code of 1985, § 7-7; Ord. of 7-10-95, § 6; Ord. No. 1400, 1-3-06) Sec. 7-17. - Humane commission.
(a) Appointment. There is hereby created a Humane Commission consisting of seven (7) members appointed by the mayor and approved by the Board of Alders. No more than five (5) of these members shall be affiliated with any one (1) political party. All such members shall be and shall during the term of office remain residents of the City of New Haven. Three (3) of the members first appointed shall serve for one (1) year, two (2) shall serve for two (2) years, and two (2) shall serve for three (3) years. Upon the expiration of such initial terms, members shall be appointed to serve three (3) year terms. Any vacancy shall be filled for the remainder of the unexpired term. Each member shall serve until a successor is appointed and qualified. Members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of her/his official duties. The members shall elect from among their numbers a chairperson, who shall serve for a term of one (1) year. All actions taken by the Commission shall be by majority vote, with four (4) members constituting a quorum.
(b) Powers and duties. The Humane Commission shall have the power to adopt such rules and regulations, not inconsistent with the state statutes, the city charter, or other ordinances, as in its judgment are required for the operation of the animal shelter and related activities, and for the proper care and treatment of animals within the city limits. Such rules and regulations shall have the same force and effect as city ordinances and shall be enforced in the same manner after being published at least four (4) times in a newspaper printed and circulated in the City.
(c) Chief of police. The chief of police or his or her designee shall be secretary (ex-officio) to the Humane Commission and shall attend its meetings. The chief of police shall keep the Humane Commission apprised of the activities of the animal shelter and shall render an annual report to the Commission and to the mayor on or before March 1 of each succeeding year. Subject to the approval of the Humane Commission, and in accordance with those articles of the city charter pertaining to personnel, the chief of police shall appoint and remove employees of the animal shelter and shall be responsible for the employees’ efficiency, discipline, and good conduct. The chief of police shall annually prepare a budget for the animal shelter activity, subject to review and approval of the Humane Commission. The chief of police shall be responsible for the care and custody of all property, including materials, supplies, and equipment used by the animal shelter activity.
(d) Authority to accept grants and gifts of property. The Humane Commission is authorized and empowered to accept, receive, and administer any and all grants or gifts from any source, public or private, including without limitation the municipal government, state government, or federal government, and any devises, legacies, or gifts of real or personal property for the purpose of carrying out its power and activities under this section. Any such funds, and any bonds, mortgages, and securities so donated shall be deposited with the city controller and held in a special account established for the Humane Commission's activities. The controller shall give bond for the safekeeping thereof, provided that the Humane Commission, or any trustee so designated by a donor thereof, may administer any funds or property donated in trust, and in such case the Humane Commission or other trustee so designated shall have all the powers accorded to fiduciaries under state law. (e) Budget and funds. The budget and funds for the Humane Commission and for the animal shelter, its facilities, employees, programs, materials, supplies, and other related items, shall be within the jurisdiction of the New Haven Police Department.
(Ord. of 3-26-80, sects. 1-4; Code of 1985, § 7-8; Ord. of 5-28-91; Ord. of 10-19-92; Ord.
No. 1400, 1-3-06)
Sec 7-18. -Breeding facility license required.
(a) Effective July 1, 2019 and pursuant to Conn. Gen. Stat. § 22-344c, as amended from time to time, any owner keeping ten or more unneutered or unspayed dogs capable of breeding shall apply to the city clerk for a breeding facility license from the Animal Control Division of the New Haven Police Department prior to breeding his or her dog. “Breeding” shall be deemed to have occurred upon the production of offspring, whether such offspring result from sexual activity or artificial insemination and whether such sexual activity was intentional or the result of improper confinement.
(b) Each completed application for a breeding facility license must be submitted to the Animal Control Division of the New Haven Police Department.
Each application shall be accompanied by a fee of one hundred dollars ($100.00), and no license shall be issued until the application fee is paid. (d) Each breeding facility license is issued to the owner, not the dog, and, therefore, the license cannot be sold, purchased, traded, or otherwise conveyed from the owner to whom the license was initially granted. (e) No breeding facility license shall be granted to a owner until the following conditions are met:
(1) The applicant has submitted the appropriate forms required by the supervisor of animal control for a breeding facility license.
(2) The applicant has an indoor space and outdoor space in which to breed the dogs and raise the offspring that will contain the dogs, as well as, provide safe, sanitary, and humane conditions, appropriate for breeding a specific breed, which satisfies all applicable provisions of the New Haven Code of Ordinances, such as zoning, and state animal welfare laws.
(3) The Animal Control Division has determined the dogs to be bred have not been declared potentially dangerous, dangerous or vicious.
(4) The dogs that the application identifies as being used for breeding must be microchipped and all puppies produced must be microchipped and recorded before transfer to an owner. (f) The Animal Control Division may deny any application for a breeding facility license if it finds that one (1) or more of the following has occurred: (1) The applicant has failed to appropriately license the pet to be bred.
(2) The applicant has a history of allowing dogs to run loose or escape, has otherwise been found to be neglectful, has had a dog identified as a nuisance, or has previously been determined to have violated the provisions of this chapter.
(3) The applicant has applied for a breeding facility license within the last ten (10) months.
(g) Breeding facility licenses may be renewed annually by the holder of a current license.
Sec 7-19. - Inspection of premises to be used for breeding facility license purposes. (a) The animal control officer or such designee shall inspect the premises to be used for breeding purposes and conduct the evaluation set forth in the above section. The animal control officer or a designee shall give the applicant 24-hour notice of the inspection and shall conduct such inspection at a reasonable time when the applicant or a representative is present. (b) If the applicant refuses to allow the animal control officer or a designee to conduct such inspection or cannot be contacted by the animal control officer or a designee to give notice of the inspection within two (2) weeks of an initial attempt, the application shall be denied.
(1) Up to one (1) year after issuing the breeding facility license, the animal control officer or a designee shall have the option on one (1) or more occasions to inspect the premises being used for breeding purposes to ensure that the conditions required to receive a license are continuing to be met. The animal control officer or a designee shall give the license holder 24-hour notice of the inspection and shall conduct such inspection at a reasonable time when the license holder or a representative is present.
(2) If the license holder refuses to allow the animal control officer or a designee to conduct such inspection or cannot be contacted by the animal control officer or a designee to give notice of the inspection within two (2) weeks of its initial attempt, the animal control officer or a designee will determine that the license holder is conducting breeding activities in violation of this chapter, and the breeding facility license shall be revoked.
Sec 7-20.-Enforcement of breeding facility license requirements. (a) Any owner found breeding dogs without the required breeding facility license shall be in violation of this chapter and shall be subject to the following penalties and orders as the state Commissioner of Agriculture deems necessary for the correction of such conditions who may quarantine the premises and animals pursuant to Conn. Gen. Stat. § 22-344c, as amended from time to time.
(1) Each dog involved in illegal breeding activities in violation of the preceding sections shall be impounded and held at the New Haven Animal Shelter or another suitable boarding facility until any applicable licenses are issued or the applicable fines have been paid. The owner of the involved dog shall be subject to a fine of two hundred fifty dollars ($250.00) or the state maximum fine whichever is higher and shall be responsible for all boarding fees, while the dog is impounded at the New Haven Animal Shelter.
(2) Each owner, who breeds a litter of puppies without a microchip in violation of the preceding sections, shall be fined in the amount of twenty dollars ($20.00) for each puppy in the litter.
(3) The fines imposed under this Ordinance are in addition to any other fines that may be levied against the owner under other ordinances pertaining to the illegal breeding of dogs.
(c) No dogs will be returned to any premises which are in violation of the zoning ordinances.
Sec 7-21. - Conflicting Ordinances
All other ordinances of the City of New Haven that conflict with this Ordinance are hereby repealed to the extent of such conflict.
Sec. 7-22. - Severability.
The provisions of this Ordinance are declared to be separate and severable. If any section, sentence, clause of phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance, but they shall remain in effect; it being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part.
(Code of 1985, § 7-7.1; Ord. of 7-10-95, § 7; Ord. No. 1400, 1-3-06