§ 4-24. Regulation of vicious dogs.

(a)

Definitions. As used in this section, the following words and terms shall have the following meaning, unless the context shall indicate another or different meaning or intent:

Enclosure means a fence or structure of at least six (6) feet in height and at least five (5) by ten (10) feet, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such "enclosure" shall be securely enclosed and locked and designed with secure sides, top and bottom, shall be designed to prevent the dog from escaping from the enclosure and shall also provide protection from the elements for the dog.

Owner/keeper means any natural person or legal entity, including but not limited to a firm, corporation, organization, partnership or trust, possessing, harboring, having, keeping an interest in or having control or custody of the dog.

Vicious dog.

(1)

The term "vicious dog" means any dog:

a.

With a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

b.

Which, when unprovoked, approaches any person in a threatening fashion;

c.

Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or

d.

Owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

(2)

Notwithstanding the definition of a "vicious dog" in subsection (1) of this definition:

a.

No dog may be declared vicious because of an injury or damage sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing, or provoking the dog or was committing or attempting to commit a crime.

b.

No dog may be declared vicious because of an injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was provoking or attacking the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(b)

Purpose. It is hereby declared that:

(1)

Vicious dogs have become a threat to the safety and welfare of the citizens of our community.

(2)

Unprovoked attacks by vicious dogs upon persons and animals throughout the country have occurred at an increasing rate.

(3)

The owning, keeping or harboring of vicious dogs is a nuisance.

(c)

Requirement of proper enclosure.

(1)

Any owner or keeper of any dog who knows or has reason to know that the dog has vicious propensities shall keep the dog in an enclosure.

(2)

Any owner or keeper of any dog who knows or has reason to know that the dog has vicious propensities shall immediately notify the dog warden of such propensities in order that the dog warden may observe and make such orders as may be required pursuant to state law specified in this section.

(d)

Determination and enforcement; local investigation. The determination and disposition of any dog deemed to have vicious propensities shall be handled by the Dog Warden in accordance with applicable provisions of the Connecticut General Statutes including, but not limited to, C.G.S. §§ 22-355, 22-357, 22-358, 22-362, 22-363, 22-364, 22-364a, 22-367 and regulations adopted pursuant to C.G.S. § 22-367a, including all penalties and fines specified therein.

(e)

Exceptions. This section shall not apply to:

(1)

Kennels licensed in accordance with C.G.S. ch. 435 (C.G.S. § 22-327 et seq.).

(2)

K-9 or other dogs owned by the Police Department or any Law Enforcement Officer which are used in the performance of police work.

(Code 1961, § 12-3; Ord. No. 595, 4-1-2003)