Connecticut 2019 2019 Regular Session

Connecticut House Bill HB06016 Comm Sub / Bill

Filed 02/20/2019

                     
 
 
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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 Section 22-344 of the general statutes is repealed and the 1 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    
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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    
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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    
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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    
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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    
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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    
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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    
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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