Connecticut 2019 Regular Session

Connecticut House Bill HB06016 Compare Versions

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3+LCO No. 1968 1 of 1
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4-LCO No. 4637 1 of 8
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6-General Assembly Committee Bill No. 6016
5+General Assembly Proposed Bill No. 6016
76 January Session, 2019
8-LCO No. 4637
7+LCO No. 1968
98
109
1110 Referred to Committee on ENVIRONMENT
1211
1312
1413 Introduced by:
15-(ENV)
14+REP. TURCO, 27th Dist.
1615
1716
1817
1918 AN ACT REQUIRING MUNICIPAL ANIMAL CONTROL FACILITIES TO
2019 COMPLY WITH DEPARTMENT OF AGRICULTURE SANITATION AND
2120 HUMANE TREATMENT REGULATIONS.
2221 Be it enacted by the Senate and House of Representatives in General
2322 Assembly convened:
2423
25-Section 1. Section 22-344 of the general statutes is repealed and the 1
26-following is substituted in lieu thereof (Effective October 1, 2019): 2
27-(a) (1) No person shall maintain a commercial kennel until he has 3
28-obtained from the commissioner a license to maintain such kennel 4
29-under such regulations as the commissioner provides as to sanitation, 5
30-disease and humane treatment of dogs or cats and the protection of the 6
31-public safety. Upon written application and the payment of a fee of 7
32-four hundred dollars, the commissioner shall issue such license to be 8
33-effective until the second December thirty-first following issuance 9
34-provided the commissioner finds (A) that such regulations have been 10
35-complied with, and (B) in the case of each initial application for such 11
36-license, that the zoning enforcement official of the municipality 12
37-wherein such kennel is to be maintained has certified that the kennel 13
38-conforms to the municipal zoning regulations. Such license shall be 14
39-renewed biennially, not later than December thirty-first, in accordance 15
40-Committee Bill No. 6016
41-
42-
43-LCO No. 4637 2 of 8
44-
45-with the provisions of this section, and may be transferred by the 16
46-licensee to another premises upon approval of the commissioner. 17
47-(2) Any person who maintains a commercial kennel and who 18
48-advertises the services of such commercial kennel shall cause the 19
49-license number for such commercial kennel, as issued pursuant to this 20
50-section, to clearly appear in such advertisement. The commissioner 21
51-may adopt regulations, in accordance with chapter 54, to prescribe the 22
52-requirements for the appearance of the license number of a commercial 23
53-kennel in any form of advertisement. Such regulation may include, but 24
54-need not be limited to, the size, font and location of such license 25
55-number for any given form of advertisement. 26
56-(b) No person shall maintain a pet shop until he has obtained from 27
57-the commissioner a license to maintain such pet shop under such 28
58-regulations as the commissioner provides as to sanitation, disease and 29
59-humane treatment of animals and the protection of the public safety. 30
60-Upon written application and the payment of a fee of four hundred 31
61-dollars, the commissioner shall issue such license to be effective until 32
62-the second December thirty-first following issuance provided the 33
63-commissioner finds (1) that such regulations have been complied with, 34
64-and (2) in the case of each initial application for such license, that the 35
65-zoning enforcement official of the municipality wherein such pet shop 36
66-is to be maintained has certified that the pet shop conforms to the 37
67-municipal zoning regulations. Application for renewal of such license 38
68-shall be made biennially by not later than the second December thirty-39
69-first following issuance. Such pet shop license may be transferred by 40
70-the licensee to another premises upon the approval of the 41
71-commissioner. The commissioner, after consultation with the 42
72-Commissioners of Public Health and Energy and Environmental 43
73-Protection, shall establish and maintain, pursuant to regulations 44
74-adopted in accordance with chapter 54, a list of animals which are 45
75-deemed to be injurious to the health and safety of the public or whose 46
76-maintenance in captivity is detrimental to the health and safety of the 47
77-animal. The sale or offer of sale of any animal which is on said list is 48
78-Committee Bill No. 6016
79-
80-
81-LCO No. 4637 3 of 8
82-
83-prohibited and any person who violates this provision shall be fined 49
84-not more than five hundred dollars. 50
85-(c) No person shall engage in the business of grooming or 51
86-maintaining a grooming facility until such person has obtained from 52
87-the commissioner a license to maintain such facility under such 53
88-regulations as the commissioner provides as to sanitation, disease and 54
89-humane treatment of such animals and the protection of the public 55
90-safety. Upon written application and the payment of a fee of two 56
91-hundred dollars, the commissioner shall issue such license to be 57
92-effective until the second December thirty-first following issuance 58
93-provided the commissioner finds (1) that such regulations have been 59
94-complied with, and (2) in the case of each initial application for such 60
95-license, that the zoning enforcement official of the municipality 61
96-wherein such grooming is to be maintained has certified that the 62
97-facility conforms to the municipal zoning regulations. Such license 63
98-shall be renewed biennially, not later than the second December thirty-64
99-first following issuance, in accordance with the provisions of this 65
100-section, and may be transferred by the licensee to other premises upon 66
101-approval of the commissioner. 67
102-(d) No person shall maintain a training facility until such person has 68
103-obtained from the commissioner a license to maintain such facility 69
104-under such regulations as the commissioner provides as to sanitation, 70
105-disease and humane treatment of such animals and the protection of 71
106-public safety. Upon written application and the payment of a fee of 72
107-two hundred dollars, the commissioner shall issue such license to be 73
108-effective until the second December thirty-first following issuance 74
109-provided the commissioner finds (1) that such regulations have been 75
110-complied with, and (2) in the case of each initial application for such 76
111-license, that the zoning enforcement official of the municipality 77
112-wherein such training facility is to be maintained has certified that the 78
113-facility conforms to the municipal zoning regulations. Such license 79
114-shall be renewed biennially not later than the second December thirty-80
115-first following issuance upon the terms required for the original license 81
116-Committee Bill No. 6016
117-
118-
119-LCO No. 4637 4 of 8
120-
121-and may be transferred by the licensee to another premises upon 82
122-approval of the commissioner. 83
123-(e) (1) No animal importer shall import any dog or cat into this state 84
124-until such person registers as an animal importer with the 85
125-commissioner. Such registration shall be on a form as prescribed by the 86
126-commissioner. Such registration shall require the submission of the 87
127-following information: (A) The name, mailing address, business 88
128-address, telephone number and Internet address of such registrant, (B) 89
129-if such registrant is domiciled out-of-state, the name, Connecticut 90
130-address and phone number of a Connecticut-based agent for service of 91
131-process, and (C) the number of animals brought into the state during 92
132-the prior year by such animal importer and the state or country of 93
133-origin for each such animal. Such registration shall be accompanied by 94
134-payment of a fee of two hundred dollars and shall be valid until the 95
135-second December thirty-first following such registration. Such 96
136-registration shall be renewed biennially not later than the second 97
137-December thirty-first following issuance, in accordance with the 98
138-provisions of this subsection, provided the commissioner determines 99
139-that such registrant complies with any requirements provided by the 100
140-commissioner as to the health, safety and humane treatment of animals 101
141-that is applicable to animal importers. Such registration shall not be 102
142-required for any employee or volunteer of a registered animal 103
143-importer or other person who is required to be licensed pursuant to the 104
144-provisions of this chapter, provided such employee, volunteer or other 105
145-person is not otherwise an animal importer. Any person who violates 106
146-the provisions of this subdivision shall be fined not more than five 107
147-hundred dollars. 108
148-(2) Any animal importer who intends to offer for sale, adoption or 109
149-transfer any dog or cat at a venue or location that is open to the public 110
150-or at an outdoor location, including, but not limited to, a parking lot or 111
151-shopping center, shall provide notice to the Department of Agriculture 112
152-and the municipal zoning enforcement officer of the town where any 113
153-such sale, adoption or transfer will occur, not later than ten days prior 114
154-Committee Bill No. 6016
155-
156-
157-LCO No. 4637 5 of 8
158-
159-to such event. Such notice shall state the date for such sale, adoption or 115
160-transfer event, the exact location of such event and the anticipated 116
161-number of animals for sale, adoption or transfer at such event. Any 117
162-person who fails to provide notice as required pursuant to this 118
163-subdivision shall be fined not more than one hundred dollars per 119
164-animal that is offered for sale, adoption or transfer at such event. 120
165-(3) For the purpose of this subsection, "animal importer" means a 121
166-person who brings any dog or cat into this state from any other 122
167-sovereign entity for the purpose of offering such dog or cat to any 123
168-person for sale, adoption or transfer in exchange for any fee, sale, 124
169-voluntary contribution, service or any other consideration. "Animal 125
170-importer" includes any commercial or nonprofit animal rescue or 126
171-adoption, humane relocation or delivery organization that is not 127
172-otherwise required to be licensed under the provisions of this chapter. 128
173-(4) The provisions of this subsection shall not be construed to apply 129
174-to any animal importer who offers a dog or cat for sale to a pet shop 130
175-that is licensed in accordance with the provisions of subsection (b) of 131
176-this section, provided such animal is delivered directly to a pet shop. 132
177-(5) The Commissioner of Agriculture may inspect any animal 133
178-imported by an animal importer or any record required to be kept by 134
179-such animal importer, provided such inspection shall not authorize the 135
180-entry of the commissioner into the residence of such animal importer. 136
181-(6) Not later than December 31, 2013, the Commissioner of 137
182-Agriculture shall prescribe the conditions that constitute the humane 138
183-treatment of animals that are applicable to animal importers. Such 139
184-conditions shall include, but not be limited to, the appropriate shelter, 140
185-availability of food and water and standard of care to be provided by 141
186-an animal importer to such animals. 142
187-(f) No person or municipality shall operate or maintain an animal 143
188-shelter or dog pound until [he or she] such person or municipality 144
189-registers such animal shelter or dog pound with the commissioner to 145
190-Committee Bill No. 6016
191-
192-
193-LCO No. 4637 6 of 8
194-
195-operate and maintain such animal shelter or dog pound under such 146
196-regulations as the commissioner provides as to sanitation, disease and 147
197-humane treatment of dogs or cats and the protection of the public 148
198-safety. Upon written application and payment of a fee of fifty dollars 149
199-to offset administrative costs of such registrations, the commissioner 150
200-shall issue such registration to be effective until the second December 151
201-thirty-first following issuance provided the commissioner finds (A) 152
202-that such regulations have been complied with, and (B) in the case of 153
203-each initial application for such registration, that the zoning 154
204-enforcement official of the municipality wherein such animal shelter or 155
205-dog pound is to be operated or maintained has certified that the 156
206-animal shelter or dog pound conforms to the municipal zoning 157
207-regulations. Such registration shall be renewed biennially, not later 158
208-than December thirty-first, in accordance with the provisions of this 159
209-section, and may be transferred by the registrant to another premises 160
210-upon approval of the commissioner. For purposes of this subsection, 161
211-"animal shelter or dog pound" means any municipality or private 162
212-entity that operates a building or facility that is used solely to house 163
213-homeless animals for the purpose of rescue or adoption and that is not 164
214-operated within a private residence. 165
215-(g) The commissioner may, at any time, inspect or cause to be 166
216-inspected by the commissioner's agents any such commercial kennel, 167
217-animal shelter or dog pound, pet shop, grooming facility or training 168
218-facility, and if, (1) in the commissioner's judgment such kennel, shelter 169
219-or pound, pet shop, grooming facility or training facility is not being 170
220-maintained in a sanitary and humane manner or in a manner that 171
221-protects the public safety, (2) the commissioner finds that contagious, 172
222-infectious or communicable disease or other unsatisfactory conditions 173
223-exist, or (3) in the case of a pet shop, the commissioner finds any 174
224-violation of the provisions of section 22a-381d, the commissioner may 175
225-issue a fine to such commercial kennel, shelter or pound, pet shop, 176
226-grooming facility or training facility of not more than five hundred 177
227-dollars for each animal that is the subject of such violation, may issue 178
228-such orders as the commissioner deems necessary for the correction of 179
229-Committee Bill No. 6016
230-
231-
232-LCO No. 4637 7 of 8
233-
234-such conditions and may quarantine the premises and animals. If the 180
235-municipality or owner or keeper of such kennel, shelter or pound, pet 181
236-shop, grooming facility or training facility fails to comply with the 182
237-regulations or orders of the commissioner, or fails to comply with any 183
238-provision of the statutes or regulations relating to dogs or other 184
239-animals, the commissioner may revoke or suspend such license or 185
240-registration, as applicable. Any municipality or person aggrieved by 186
241-any order issued under the provisions of this section may appeal 187
242-therefrom in accordance with the provisions of section 4-183. Any 188
243-municipality or person maintaining any commercial kennel, animal 189
244-shelter or pound, pet shop, grooming facility or training facility 190
245-without having obtained a license or registration for the same, as 191
246-applicable or after any such license or registration has been revoked or 192
247-suspended as provided herein shall be fined not more than two 193
248-hundred dollars. The provisions of this section shall not apply to 194
249-veterinary hospitals, except those boarding or grooming dogs for 195
250-nonmedical purposes, and other establishments where all the dogs or 196
251-animals were born and raised on the premises where they are kept for 197
252-sale. 198
253-(h) The provisions of subsections (a) to (d), inclusive, of this section 199
254-requiring certification by the zoning enforcement official that every 200
255-commercial kennel, pet shop, grooming facility and training facility 201
256-conforms to the zoning regulations of the municipality wherein such 202
257-kennel, pet shop, grooming facility or training facility is maintained 203
258-shall not apply to any person who is licensed under said subsections 204
259-and maintained any such kennel, pet shop or grooming facility prior to 205
260-October 1, 1977, provided such person does not relocate such kennel, 206
261-pet shop, grooming facility or training facility in a zone in which such 207
262-kennel, pet shop, grooming facility or training facility is not a 208
263-permitted use. In addition, the provisions of said subsections and 209
264-subsection (f) requiring certification by the zoning enforcement official 210
265-that every commercial kennel, animal shelter or pound, pet shop, 211
266-grooming facility and training facility conforms to the zoning 212
267-regulations of the municipality wherein such kennel, shelter or pound, 213
268-Committee Bill No. 6016
269-
270-
271-LCO No. 4637 8 of 8
272-
273-pet shop, grooming facility or training facility is maintained shall not 214
274-apply when a zone in which such kennel, shelter or pound, pet shop, 215
275-grooming facility or training facility is maintained is changed to a use 216
276-which does not permit such kennel, shelter or pound, pet shop, 217
277-grooming facility or training facility in such zone. 218
278-This act shall take effect as follows and shall amend the following
279-sections:
280-
281-Section 1 October 1, 2019 22-344
282-
24+That the general statutes be amended to require municipal animal 1
25+control facilities to register with the Department of Agriculture and 2
26+comply with regulations of said department concerning sanitation and 3
27+the humane treatment of animals. 4
28328 Statement of Purpose:
284-To require municipal shelters and dog pounds to abide by the same
285-standards as other registered animal facilities.
286-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
287-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
288-not underlined.]
289-
290-Co-Sponsors: REP. TURCO, 27th Dist.; REP. WINKLER, 56th Dist.
291-REP. ARNONE, 58th Dist.
292-
293-H.B. 6016
294-
295-
29+To require municipal animal shelters to abide by the same standards as
30+other registered animal facilities.