LCO No. 4637 1 of 8 General Assembly Committee Bill No. 6016 January Session, 2019 LCO No. 4637 Referred to Committee on ENVIRONMENT Introduced by: (ENV) AN ACT REQUIRING MUN ICIPAL ANIMAL CONTROL FACIL ITIES TO COMPLY WITH DEPARTME NT OF AGRICULTURE SA NITATION AND HUMANE TREATMENT REG ULATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 22-344 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 (a) (1) No person shall maintain a commercial kennel until he has 3 obtained from the commissioner a license to maintain such kennel 4 under such regulations as the commissioner provides as to sanitation, 5 disease and humane treatment of dogs or cats and the protection of the 6 public safety. Upon written application and the payment of a fee of 7 four hundred dollars, the commissioner shall issue such license to be 8 effective until the second December thirty-first following issuance 9 provided the commissioner finds (A) that such regulations have been 10 complied with, and (B) in the case of each initial application for such 11 license, that the zoning enforcement official of the municipality 12 wherein such kennel is to be maintained has certified that the kennel 13 conforms to the municipal zoning regulations. Such license shall be 14 renewed biennially, not later than December thirty-first, in accordance 15 Committee Bill No. 6016 LCO No. 4637 2 of 8 with the provisions of this section, and may be transferred by the 16 licensee to another premises upon approval of the commissioner. 17 (2) Any person who maintains a commercial kennel and who 18 advertises the services of such commercial kennel shall cause the 19 license number for such commercial kennel, as issued pursuant to this 20 section, to clearly appear in such advertisement. The commissioner 21 may adopt regulations, in accordance with chapter 54, to prescribe the 22 requirements for the appearance of the license number of a commercial 23 kennel in any form of advertisement. Such regulation may include, but 24 need not be limited to, the size, font and location of such license 25 number for any given form of advertisement. 26 (b) No person shall maintain a pet shop until he has obtained from 27 the commissioner a license to maintain such pet shop under such 28 regulations as the commissioner provides as to sanitation, disease and 29 humane treatment of animals and the protection of the public safety. 30 Upon written application and the payment of a fee of four hundred 31 dollars, the commissioner shall issue such license to be effective until 32 the second December thirty-first following issuance provided the 33 commissioner finds (1) that such regulations have been complied with, 34 and (2) in the case of each initial application for such license, that the 35 zoning enforcement official of the municipality wherein such pet shop 36 is to be maintained has certified that the pet shop conforms to the 37 municipal zoning regulations. Application for renewal of such license 38 shall be made biennially by not later than the second December thirty-39 first following issuance. Such pet shop license may be transferred by 40 the licensee to another premises upon the approval of the 41 commissioner. The commissioner, after consultation with the 42 Commissioners of Public Health and Energy and Environmental 43 Protection, shall establish and maintain, pursuant to regulations 44 adopted in accordance with chapter 54, a list of animals which are 45 deemed to be injurious to the health and safety of the public or whose 46 maintenance in captivity is detrimental to the health and safety of the 47 animal. The sale or offer of sale of any animal which is on said list is 48 Committee Bill No. 6016 LCO No. 4637 3 of 8 prohibited and any person who violates this provision shall be fined 49 not more than five hundred dollars. 50 (c) No person shall engage in the business of grooming or 51 maintaining a grooming facility until such person has obtained from 52 the commissioner a license to maintain such facility under such 53 regulations as the commissioner provides as to sanitation, disease and 54 humane treatment of such animals and the protection of the public 55 safety. Upon written application and the payment of a fee of two 56 hundred dollars, the commissioner shall issue such license to be 57 effective until the second December thirty-first following issuance 58 provided the commissioner finds (1) that such regulations have been 59 complied with, and (2) in the case of each initial application for such 60 license, that the zoning enforcement official of the municipality 61 wherein such grooming is to be maintained has certified that the 62 facility conforms to the municipal zoning regulations. Such license 63 shall be renewed biennially, not later than the second December thirty-64 first following issuance, in accordance with the provisions of this 65 section, and may be transferred by the licensee to other premises upon 66 approval of the commissioner. 67 (d) No person shall maintain a training facility until such person has 68 obtained from the commissioner a license to maintain such facility 69 under such regulations as the commissioner provides as to sanitation, 70 disease and humane treatment of such animals and the protection of 71 public safety. Upon written application and the payment of a fee of 72 two hundred dollars, the commissioner shall issue such license to be 73 effective until the second December thirty-first following issuance 74 provided the commissioner finds (1) that such regulations have been 75 complied with, and (2) in the case of each initial application for such 76 license, that the zoning enforcement official of the municipality 77 wherein such training facility is to be maintained has certified that the 78 facility conforms to the municipal zoning regulations. Such license 79 shall be renewed biennially not later than the second December thirty-80 first following issuance upon the terms required for the original license 81 Committee Bill No. 6016 LCO No. 4637 4 of 8 and may be transferred by the licensee to another premises upon 82 approval of the commissioner. 83 (e) (1) No animal importer shall import any dog or cat into this state 84 until such person registers as an animal importer with the 85 commissioner. Such registration shall be on a form as prescribed by the 86 commissioner. Such registration shall require the submission of the 87 following information: (A) The name, mailing address, business 88 address, telephone number and Internet address of such registrant, (B) 89 if such registrant is domiciled out-of-state, the name, Connecticut 90 address and phone number of a Connecticut-based agent for service of 91 process, and (C) the number of animals brought into the state during 92 the prior year by such animal importer and the state or country of 93 origin for each such animal. Such registration shall be accompanied by 94 payment of a fee of two hundred dollars and shall be valid until the 95 second December thirty-first following such registration. Such 96 registration shall be renewed biennially not later than the second 97 December thirty-first following issuance, in accordance with the 98 provisions of this subsection, provided the commissioner determines 99 that such registrant complies with any requirements provided by the 100 commissioner as to the health, safety and humane treatment of animals 101 that is applicable to animal importers. Such registration shall not be 102 required for any employee or volunteer of a registered animal 103 importer or other person who is required to be licensed pursuant to the 104 provisions of this chapter, provided such employee, volunteer or other 105 person is not otherwise an animal importer. Any person who violates 106 the provisions of this subdivision shall be fined not more than five 107 hundred dollars. 108 (2) Any animal importer who intends to offer for sale, adoption or 109 transfer any dog or cat at a venue or location that is open to the public 110 or at an outdoor location, including, but not limited to, a parking lot or 111 shopping center, shall provide notice to the Department of Agriculture 112 and the municipal zoning enforcement officer of the town where any 113 such sale, adoption or transfer will occur, not later than ten days prior 114 Committee Bill No. 6016 LCO No. 4637 5 of 8 to such event. Such notice shall state the date for such sale, adoption or 115 transfer event, the exact location of such event and the anticipated 116 number of animals for sale, adoption or transfer at such event. Any 117 person who fails to provide notice as required pursuant to this 118 subdivision shall be fined not more than one hundred dollars per 119 animal that is offered for sale, adoption or transfer at such event. 120 (3) For the purpose of this subsection, "animal importer" means a 121 person who brings any dog or cat into this state from any other 122 sovereign entity for the purpose of offering such dog or cat to any 123 person for sale, adoption or transfer in exchange for any fee, sale, 124 voluntary contribution, service or any other consideration. "Animal 125 importer" includes any commercial or nonprofit animal rescue or 126 adoption, humane relocation or delivery organization that is not 127 otherwise required to be licensed under the provisions of this chapter. 128 (4) The provisions of this subsection shall not be construed to apply 129 to any animal importer who offers a dog or cat for sale to a pet shop 130 that is licensed in accordance with the provisions of subsection (b) of 131 this section, provided such animal is delivered directly to a pet shop. 132 (5) The Commissioner of Agriculture may inspect any animal 133 imported by an animal importer or any record required to be kept by 134 such animal importer, provided such inspection shall not authorize the 135 entry of the commissioner into the residence of such animal importer. 136 (6) Not later than December 31, 2013, the Commissioner of 137 Agriculture shall prescribe the conditions that constitute the humane 138 treatment of animals that are applicable to animal importers. Such 139 conditions shall include, but not be limited to, the appropriate shelter, 140 availability of food and water and standard of care to be provided by 141 an animal importer to such animals. 142 (f) No person or municipality shall operate or maintain an animal 143 shelter or dog pound until [he or she] such person or municipality 144 registers such animal shelter or dog pound with the commissioner to 145 Committee Bill No. 6016 LCO No. 4637 6 of 8 operate and maintain such animal shelter or dog pound under such 146 regulations as the commissioner provides as to sanitation, disease and 147 humane treatment of dogs or cats and the protection of the public 148 safety. Upon written application and payment of a fee of fifty dollars 149 to offset administrative costs of such registrations, the commissioner 150 shall issue such registration to be effective until the second December 151 thirty-first following issuance provided the commissioner finds (A) 152 that such regulations have been complied with, and (B) in the case of 153 each initial application for such registration, that the zoning 154 enforcement official of the municipality wherein such animal shelter or 155 dog pound is to be operated or maintained has certified that the 156 animal shelter or dog pound conforms to the municipal zoning 157 regulations. Such registration shall be renewed biennially, not later 158 than December thirty-first, in accordance with the provisions of this 159 section, and may be transferred by the registrant to another premises 160 upon approval of the commissioner. For purposes of this subsection, 161 "animal shelter or dog pound" means any municipality or private 162 entity that operates a building or facility that is used solely to house 163 homeless animals for the purpose of rescue or adoption and that is not 164 operated within a private residence. 165 (g) The commissioner may, at any time, inspect or cause to be 166 inspected by the commissioner's agents any such commercial kennel, 167 animal shelter or dog pound, pet shop, grooming facility or training 168 facility, and if, (1) in the commissioner's judgment such kennel, shelter 169 or pound, pet shop, grooming facility or training facility is not being 170 maintained in a sanitary and humane manner or in a manner that 171 protects the public safety, (2) the commissioner finds that contagious, 172 infectious or communicable disease or other unsatisfactory conditions 173 exist, or (3) in the case of a pet shop, the commissioner finds any 174 violation of the provisions of section 22a-381d, the commissioner may 175 issue a fine to such commercial kennel, shelter or pound, pet shop, 176 grooming facility or training facility of not more than five hundred 177 dollars for each animal that is the subject of such violation, may issue 178 such orders as the commissioner deems necessary for the correction of 179 Committee Bill No. 6016 LCO No. 4637 7 of 8 such conditions and may quarantine the premises and animals. If the 180 municipality or owner or keeper of such kennel, shelter or pound, pet 181 shop, grooming facility or training facility fails to comply with the 182 regulations or orders of the commissioner, or fails to comply with any 183 provision of the statutes or regulations relating to dogs or other 184 animals, the commissioner may revoke or suspend such license or 185 registration, as applicable. Any municipality or person aggrieved by 186 any order issued under the provisions of this section may appeal 187 therefrom in accordance with the provisions of section 4-183. Any 188 municipality or person maintaining any commercial kennel, animal 189 shelter or pound, pet shop, grooming facility or training facility 190 without having obtained a license or registration for the same, as 191 applicable or after any such license or registration has been revoked or 192 suspended as provided herein shall be fined not more than two 193 hundred dollars. The provisions of this section shall not apply to 194 veterinary hospitals, except those boarding or grooming dogs for 195 nonmedical purposes, and other establishments where all the dogs or 196 animals were born and raised on the premises where they are kept for 197 sale. 198 (h) The provisions of subsections (a) to (d), inclusive, of this section 199 requiring certification by the zoning enforcement official that every 200 commercial kennel, pet shop, grooming facility and training facility 201 conforms to the zoning regulations of the municipality wherein such 202 kennel, pet shop, grooming facility or training facility is maintained 203 shall not apply to any person who is licensed under said subsections 204 and maintained any such kennel, pet shop or grooming facility prior to 205 October 1, 1977, provided such person does not relocate such kennel, 206 pet shop, grooming facility or training facility in a zone in which such 207 kennel, pet shop, grooming facility or training facility is not a 208 permitted use. In addition, the provisions of said subsections and 209 subsection (f) requiring certification by the zoning enforcement official 210 that every commercial kennel, animal shelter or pound, pet shop, 211 grooming facility and training facility conforms to the zoning 212 regulations of the municipality wherein such kennel, shelter or pound, 213 Committee Bill No. 6016 LCO No. 4637 8 of 8 pet shop, grooming facility or training facility is maintained shall not 214 apply when a zone in which such kennel, shelter or pound, pet shop, 215 grooming facility or training facility is maintained is changed to a use 216 which does not permit such kennel, shelter or pound, pet shop, 217 grooming facility or training facility in such zone. 218 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 22-344 Statement of Purpose: To require municipal shelters and dog pounds to abide by the same standards as other registered animal facilities. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors: REP. TURCO, 27th Dist.; REP. WINKLER, 56th Dist. REP. ARNONE, 58th Dist. H.B. 6016