Bill Text: CT SB00274 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Prohibiting The Unreasonable Confinement And Tethering Of Dogs.
Spectrum: Moderate Partisan Bill (Democrat 26-4-1)
Status: (Passed) 2010-06-02 - Signed by the Governor [SB00274 Detail]
Download: Connecticut-2010-SB00274-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____SB00274ENV___032210____* |
AN ACT PROHIBITING THE UNREASONABLE CONFINEMENT AND TETHERING OF DOGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22-350a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Any person who confines or tethers a dog [for an unreasonable period of time] in an unreasonable manner shall be fined [not more than] one hundred dollars for the first offense, [not less than one] two hundred dollars [or more than two hundred fifty dollars] for a second offense, and not less than two hundred fifty dollars or more than five hundred dollars for any subsequent offense. Upon a third or subsequent offense, an animal control officer may seize such dog, and upon conviction for such third or subsequent offense, a court may order forfeiture of such dog. Each day that a dog is confined or tethered in an unreasonable manner shall constitute a separate offense.
(b) For purposes of this section, a person confines a dog in an unreasonable manner if: (1) For one dog, such person places such dog in an enclosure that consists of less than one hundred square feet of space and there is evidence that such enclosure is the primary location where such dog eats, drinks, sleeps and eliminates waste, or (2) for two or more dogs, such person places two or more dogs in an enclosure that consists of less than one hundred fifty square feet of space, and less than fifty additional square feet of space for each additional dog over two dogs, and there is evidence that such enclosure is the primary location where such dogs eat, drink, sleep and eliminate waste.
(c) For purposes of this section, a person tethers a dog in an unreasonable manner if such person attaches such dog, when the owner or keeper is not outside in the presence of such dog, to a stationary object, including, but not limited to, a tree, dog house or fence or attaches such dog to a moveable device, including, but not limited to, a pulley or trolley: (1) By means of a choke or prong-type collar or any means other than a properly fitted collar, harness or other device designed expressly for such purpose; (2) by any means other than a lightweight cable that allows such dog to travel not less than ten feet in any one direction; (3) in a manner that obstructs such dog's access to nonfrozen water or shelter, or food when it is provided in accordance with subsection (a) of section 53-247; (4) in a manner that prevents such dog from lying, sitting or standing without the collar, harness, lightweight cable or other device used to restrain the dog becoming taut; or (5) in a manner that results, or reasonably could result, in the injury, strangulation or entanglement of such dog.
(d) The space requirements described in subsection (b) of this section and the prohibition on tethering to a stationary object described in subdivision (1) of subsection (c) of this section shall not be construed to apply to: (1) Any kennel licensed pursuant to section 22-342; (2) any commercial kennel, training facility or grooming facility licensed pursuant to section 22-344; (3) any facility utilized by a nonprofit corporation that is organized for animal welfare purposes, for the temporary boarding of any dog that is in need of a new owner; (4) any pound, as defined in section 22-380e; (5) any veterinary practice licensed pursuant to section 20-197; (6) any exhibition, show, contest or other temporary event in which the skill, breeding, or stamina of the dog is judged or examined; (7) any exhibition, class, session or other temporary event in which dogs are being used lawfully to hunt a species of wildlife in this state during the hunting season for that species or lawfully receiving training to hunt wildlife; (8) any camping or recreation area, in accordance with any applicable rule or ordinance; or (9) any federal, state or local law enforcement agency or military or National Guard unit.
(e) The space requirements of subsection (b) of this section shall not be construed to apply to any pet shop licensed pursuant to section 22-344.
(f) It shall be an affirmative defense to a charge alleging violation of the space requirements of subsection (b) of this section or the prohibition on tethering to a stationary object in violation of subdivision (1) of subsection (c) of this section that such dog is regularly released from confinement or tethering, as applicable, in order to lawfully hunt wildlife or lawfully receive training to hunt wildlife.
(g) Nothing in this section shall be construed to affect any other protection afforded to dogs under any other provision of the general statutes.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
22-350a |
ENV |
Joint Favorable Subst. |