Proposed “An Ordinance Regarding Control of Dogs in Parks & Recreation Areas, School Property and the Historic District”

AGENDA ACTION ITEM

Meeting Date: Staff Contact: Roxanne Maher, Admin Assistant Department: Ledyard Town Council

Subject: Proposed “An Ordinance Regarding Control of Dogs in Parks & Recreation Areas, School Property And The Historic District” as contained in the draft dated October 7, 2019.

Background Information:

There were instances where dogs that were on a leash at the Nathan Lester House were attacked by a dog that was with its owner, but not on a leash and an instance where a dog was attacked by a dog on a retractable leash. For public safety, the draft Ordinance has been proposed.

DRAFT: 10/7/2019

Ordinance: #______

AN ORDINANCE REGARDING CONTROL OF DOGS IN PARKS & RECREATION AREAS, SCHOOL PROPERTY AND THE HISTORIC DISTRICT

Be it ordained by the Town Council of the Town of Ledyard

Section 1. Purpose

The purpose of this Ordinance is to provide regulations regarding the restraint, control and leashing of dogs or other domestic animals for the welfare and safety on all public lands including any park, beach, field, or other recreation area under the control of the Ledyard Department of Parks and Recreation, or at any school property under the control of the Ledyard Board of Education or at any Historic District property under the control of the Ledyard Historic District Commission or any open space property under the control of the Town of Ledyard.

Section 2. Authority

In accordance with Connecticut General Statute 22-364:

(1) A dog’s owner or keeper must not allow their dog to roam on another person's land or on a public highway, including sidewalks, if it is not under their control.

(2) Local government may create a Leash Ordinance.

(3) Violating the State roaming law is an infraction punishable by law.

Section 3. Requirements on Public Property

Any person having charge, custody or control of any dog or domestic animal shall:

(1) Keep their dog or domestic animal on a leash and restrained at all times, while on public lands; and insure that the animal does not roam or run unrestrained. Those on retractable leashes must keep the leash to less than ten (10) feet from the person having charge of the animal.

(2) Prevent their animal from biting or injuring any animal or person.

(3) Prevent their animal from damaging or destroying public property or property other than its owner's private property.

(4) Be liable if the animal does any damage to either to the body of or property of any person, or other animal.

Section 4. Violations

(1) Violating the state roaming law is an infraction punishable by a fine of $92.00 (CGS § 22- 364).

(2) Any person violating this Ordinance shall also be subject to immediate removal from the area, park or district and be subject to denial of future entry into any park and recreation area under the control of the Parks and Recreation Commission, school property or Historic District.

(3) The Mayor shall designate in writing one or more Town Officials, employees or agents empowered to take enforcement action authorized by this Ordinance.

Section 5. Severability.

If any section, or part of a section, of this Ordinance shall be held by a court of competent jurisdiction to be invalid, such holding shall not be deemed to invalidate the remaining provisions hereof.

Section 6 Effective Date

This Ordinance shall take effect on the twenty-first (21st) day after publication in accordance with Chapter III, Section 5 of the Charter of the Town of Ledyard.

Adopted by the Town Council on: ______

______Linda C. Davis, Chairman Approved / Disapproved on: ______Fred Allyn, III., Mayor

Published on: ______

Effective Date: ______Patricia A. Riley, Town Clerk

****************************************************************** History: There were instances where dogs that were on a leash at the Nathan Lester House were attacked by a dog that was with its owner, but not on a leash and an instance where a dog was attacked by a dog on a retractable leash. For public safety, this Ordinance was enacted.

Recommendation(s):

Attachments: Ordinance Leash Laws -Parks-Schools-Historic Property-DRAFT-2019-10-07 CGS Chapter 98- Dog Leash Ordianncepdf Connecitcut Leash and Dog Bite Law Dog Leash Ordinance Search Dog Leash proposed Ordinance-Kloiber-2019-07-01 Leash Law Ordinance-Virginia Proposed Dog Leash & Waste Removal Ordiannce - Burton-Dombrowski E-Mial thread -2019-07-14pdf ACO E-mail Roaming StatuteTicket for Lease Ordinance-2019-11-05

DRAFT: 10/7/2019

Ordinance: #______

AN ORDINANCE REGARDING CONTROL OF DOGS IN PARKS & RECREATION AREAS, SCHOOL PROPERTY AND THE HISTORIC DISTRICT

Be it ordained by the Town Council of the Town of Ledyard

Section 1. Purpose

Section 2. Authority

In accordance with Connecticut General Statute 22-364:

(1) A dog’s owner or keeper must not allow their dog to roam on another person's land or on a public highway, including sidewalks, if it is not under their control. (2) Local government may create a Leash Ordinance.

(3) Violating the State roaming law is an infraction punishable by law.

Section 3. Requirements on Public Property

Any person having charge, custody or control of any dog or domestic animal shall:

(2) Prevent their animal from biting or injuring any animal or person.

(3) Prevent their animal from damaging or destroying public property or property other than its owner's private property.

(4) Be liable if the animal does any damage to either to the body of or property of any person, or other animal.

An Ordinance Regarding Control of Dogs in Parks & Recreation Areas, School Property and the Historic District Page 1 of 2 Submitted to T. Clerk’s Office on: /rm Section 4. Violations

(1) Violating the state roaming law is an infraction punishable by a fine of $92.00 (CGS § 22-364). (2) Any person violating this Ordinance shall also be subject to immediate removal from the area, park or district and be subject to denial of future entry into any park and recreation area under the control of the Parks and Recreation Commission, school property or Historic District.

(3) The Mayor shall designate in writing one or more Town Officials, employees or agents empowered to take enforcement action authorized by this Ordinance.

Section 5. Severability.

Section 6. Effective Date

This Ordinance shall take effect on the twenty-first (21st) day after publication in accordance with Chapter III, Section 5 of the Charter of the Town of Ledyard.

Adopted by the Town Council on: ______

______Linda C. Davis, Chairman Approved / Disapproved on: ______Fred Allyn, III., Mayor

Published on: ______

Effective Date: ______Patricia A. Riley, Town Clerk

An Ordinance Regarding Control of Dogs in Parks & Recreation Areas, School Property and the Historic District Page 2 of 2 CHAPTER 98*

MUNICIPAL POWERS

Sec. 7—148a.Compilations ofordinances and special acts; supplements. Each town, city and borough in this state shall print and publish all amendments to its ordinances, all new ordinances and all special acts adopted afterlune 1, 1962, on or before March first of each even—numbered year as a cumulative supplement to the compilation of its ordinances and special acts. Such compilation and all supplements thereto shall be available for sale to the public at the office of the clerk or other similar office in such municipality at a reasonable cost to be determined by such municipality and a copy of each such compilation and supplement, whether tangible or intangible in form, shall be deposited by the clerk of the municipality in the office of the Secretary of the State, in the State Library, in each bar library in the judicial district in which such municipality is located and in the courthouse library of the court nearest to such municipality. If any town, city or borough fails to comply with the provisions of this section, the Secretary of the State shall provide for the original compilation and publication of such ordinances and special acts or of any supplement thereto and such town, city or borough shall be liable for the cost of such compilation and publication. 7/1/2019 Connecitcut Leash and Dog Bite Law

Topic: ANIMALS; Location: ANIMALS - LEGISLATION;

March 16, 2004 2004-R-0308

CONNECTICUT LEASH AND DOG BITE LAW

By: Joseph Holstead, Research Analyst

You asked for information about Connecticut's leash and dog bite laws.

SUMMARY

Connecticut has a variety of laws aimed at controlling dogs. Regarding leashes, it is illegal to allow your dog to roam; create a disturbance; or growl, bite, or otherwise annoy anyone using the highway. (Local governments may create leash ordinances.) A 14-day quarantine is required when a dog bites a person. An animal control officer (ACO) or the Department of Agriculture (DOAg) commissioner may also order a biting dog restrained or killed. A dog's owner or keeper is liable for any damage caused by his dog. Dog bite victims are immune from civil and criminal liability for killing the dog during the attack.

LEASH LAW

Roaming Dogs

The general statutes do not mandate that dogs be on leashes at all times. But (1) a dog's owner or keeper must not allow it to roam on another person's land or on a public highway, including sidewalks, if it is not under his control and (2) local governments may create leash ordinances. Violating the state roaming law is an infraction punishable

by a fine of $92 (CGS § 22-364). Additionally, the Environmental Protection Department requires that owners keep their dogs leashed in state parks.

Vicious Dogs. By law, an owner or keeper of a vicious dog who intentionally or recklessly allows the dog to roam and the dog physically injures another person who was not teasing, tormenting, or abusing it, is subject to a fine of up to $1,000, imprisonment for up to six months, or both. For the penalty to apply, the dog's owner must have been convicted in the preceding year of allowing the dog to roam (CGS § 22-364). https://www.cga.ct.gov/2004/rpt/2004-R-0308.htm 1/3 7/1/2019 Connecitcut Leash and Dog Bite Law Enforcement

ACOs are responsible for enforcing laws prohibiting roaming dogs, dogs not in their owners' control, and other provisions of dog and other companion animal law (CGS § 22-332). Constables and all prosecuting officers must also enforce these laws (CGS § 22-367). OLR Report 2003-R-0694 (copy attached), contains more information about municipal ACOs.

BITING DOGS

Quarantine

The law requires an ACO to quarantine a dog that has bitten someone off its owner's property. The dog must be quarantined for 14 days in a public pound, veterinary hospital, or place approved by the DOAg commissioner. The purpose of the quarantine is to assure the animal does not have rabies and to examine the dog's demeanor. The owner must pay all fees associated with quarantining the animal. The ACO may quarantine the dog on the premises if it has bitten someone on its owner's property. The ACO must give the person the dog bit and the commissioner notice of the quarantine within 24 hours. The commissioner or his designee must examine the dog on the 14th day of the quarantine to determine whether it should continue (CGS § 22-358 (c)).

Disposition

An ACO or the commissioner may make any order concerning the restraint or disposal of the biting animal as he deems necessary. Notice of the order must be given to the person bitten by the dog within 24 hours. Anyone aggrieved by an order made by an ACO may request a hearing before the commissioner within 14 days of its issuance. The commissioner after the hearing may affirm, modify, or revoke the order.

ACOs can seize dogs when their owners do not comply with the quarantine or restraining order. The owner may also be fined up to $250, imprisoned for up to 30 days, or both (CGS § 22-358 (c)).

Liability

A dog's owner or keeper is liable for any damage caused by his dog to a person's body or property, unless the damage was sustained while the person was committing a trespass or other tort, or teasing, abusing, or tormenting the dog. The law presumes that anyone under the age of seven was not committing a trespass or teasing the dog unless the defendant can prove otherwise (CGS § 22-357). If damage has been caused by two or more dogs at the same time, their owners or keepers are jointly and severally liable for the entire damage (CGS § 22-356).

Reporting and Killing

The victim of a dog bite must report the attack to a state, town, or regional ACO responsible for the town where the attack occurred. The ACO must immediately investigate the attack. Anyone who is bitten by a dog or who shows visible evidence of having been attacked may kill the dog during the attack if it happens off the animal owner's or keeper's premises. The law exempts anyone killing a biting dog in accordance with this law from criminal or civil liability (CGS § 22-358).

https://www.cga.ct.gov/2004/rpt/2004-R-0308.htm 2/3 7/1/2019 Connecitcut Leash and Dog Bite Law Public health regulations require health care providers to report to the local health director or authority anyone they treat or examine who has or is suspected of having a “reportable disease,” which includes rabies. (Conn. Regulations §19a-36-A3)

Another law prohibits anyone from owning or harboring a dog which is a nuisance because of a vicious disposition, excessive barking, or other disturbance. The courts may make any order necessary to restrain or dispose of the dog (CGS § 22-363). The penalty for violating the law is an infraction for the first offense and for subsequent offenses the violator may be fined up to $100, imprisoned for up to 30 days, or both. Section 22-362 of the Connecticut Genreal Statutes makes it a crime to own or keep a dog which habitually goes out on a highway and growls, bites, snaps at, or otherwise annoys any person or domestic animal using the highway or chases or interferes with any motor vehicle on the highway. Violators may be fined between $25 and $50, imprisoned for up to 30 days, or both for the first offense and for subsequent offenses they may be fined between $50 and $100, imprisoned for up to 60 days, or both.

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Table of State Dog Leash Laws IAnimal Legal &Historical Center https://www.animallaw.info/topic/tab|e~state-dog-leash-laws V Eventhough a state might not require that an owner use a leash when the dog is off-premises,the law may allow impoundment of "at-large" dogs. Adog that is at large may be de?ned as one who is off the owner's property unaccompanied or not on a leash.

Dog Leash Laws IAnimal Legal &Historical Center https://www.animallaw.inlo/intro/dog-leash~lawsV State may give municipalities the right to adopt referendums or ordinances that require leashes. other state laws require that dogs be leashed in speci?c

Connecitcut Leash and Dog Bite Law - Cga.ct.gov https://www.cga.ct,gov/2004/rpt/2004-R-0308.htm V

Mar 16, 2004 - (Localgovernments may create leash ordinances.) A 14-dayquarantine is required when a dog bites a person. An animal control officer (ACO)

Connecticut Law About Dogs ~ Connecticut Judicial Branch https://www.jud.ct.gov/lawlib/Law/dogshtm V

Connecticut Leash and Dog Bite Law - 2004~R-0308. Domestic Animals States That Prohibit Breed

Specific Ordinances — 2013-R-0049.Pet Custody After

Dog Leash Laws — State—by-StateRequirements https://www.edgarsnyder.com > Dog Attack Info V Findout the dog leash laws in your home state and learn the state

Leash Laws IJonathan Perkins Injury Lawyers https://800perk|ns.corn >Whatwe do > Dog Bite V Leash Laws Inthe state of Connecticut there are several laws aimed to control dogs. It is illegal for a dog owner to allow their dog to roam, growl,create.

Do You Know About Leclyards Leash Law? ILedyard, CT Patch https://patch.com/connecticut/Iedyard/do-you-know-about-ledyards-leash-Iaw~0V Apr 15, 2015 -The general statutes do not mandate that clogs he on leashes at all times. his control and (2) local governments may create leash ordinances. hltps://www.google.com/search?r|z=1C1GCEA_enUS806US806&ei=jjAaXZGQPJGq“Qbw_qP4BA&q=dog+|eash+ordinance&oq=Dog+lease+Ordinan...1/2 7/1/2019 dog leash ordinance - Google Search Virginia Dog Owners Responsibilities & "Leash Laws" https://www.allenandallen.com/virginia-dog-owners-responsibilities-leash-|aws/ V [2]Localities are also empowered to enact ordinances that require a dog owner to have a dog under "immediate control" which means on a leash or under voice

Scarborough approves dog leash ordinance ~ WMTW https://www.wmtw.com/article/scarb0rough«approves~dog-leash-ordinance/1868424 V The Scarborough Town Councilhas approved a new dog leash ordinance after a dog killedan endangered piping ploverearlier this year.

Negligence per se for violating a leash law or other — Dog Bite Law https://dogbitelawcom/...dog.../negligence-per-se-for-violating-a«leash-law-or~other-a... V The doctrine of negligence per se holds that when a person violates a statute or ordinance intended whollyor partiallyto prevent a certain type oi harm, and the

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From: Tonya |mpound—Her Kloiber Sent: Monday, July 01,2019 5:11 PM To: Town Council Group Subject: Pooper scooper ordinance

Good afternoon. My name is Tonya Kloiber,and I am a resident at 37 Ash Drive in Gales Ferry. My father has lived there since 1998, I have only been there for a little over 3 years. I am currently employed by the City of New London as an Animal Control Officer since August of 2002. Councilman Sabilia had mentioned that there was debate over a leash ordinance, which I also happen to agree with, and I would encourage the councilors to also debate enacting what is commonly referred to as a "Pooper Scooper" ordinance. My personal experience in this community has been one where I find the vast majority of dog owners do actually walk their dogs on a leash. I also find the vast majority of dog owners allow their dogs to defecate wherever, and very few actually pick up the feces. I happen to live on a cul—de-sac,and we have wooded areas all around us. I see several dogs being walked in these areas specifically to defecate, and right now, even when I see a dog defecate on my property, I have no ability to make the owner clean up after their dog. When I have asked them to do so in the past, I have been told, by more than one owner, that there is no law that says their dog can't defecate wherever it wants, and that they don't have to pick the feces up. While I understand that the "Pooper Scooper" ordinances can be difficultto enforce, I have found thatjust telling people that cleaning up feces is actually required by law is enough for them to do so. I encourage the councilors of Ledyard to enact an ordinance requiring dog owners to clean up their dog's feces when it's not occurring on their own property.

Thank you for your attention to this matter. Please feel free to contact me with any questions.

Tonya Kloiber 860-917-9947 amc'[email protected] Leash Law Ordinance

This Ordinance Repeals the Jefferson County Dog Ordinance adopted and enacted on the 26th day of August 1982, and all such amendments of said ordinance.

AN ORDINANCE OF THE COUNTY COMMISSION OF JEFFERSON COUNTY, WEST VIRGINIA, CONCERNING THE MANAGEMENT AND CONTROL OF DOGS IN THE COUNTY OF JEFFERSON, STATE OF WEST VIRGINIA, AND IS ADOPTED UNDER THE AUTHORITY OF THE STATE CODE OF WEST VIRGINIA, AS AMENDED, CHAPTER 19, ARTICLE 20A, SECTION 8.

1. PURPOSE

This ordinance is enacted for the purpose of controlling and managing the population of dogs in Jefferson County, West Virginia, outside of its incorporated municipalities and territories; to constrain dogs within the boundaries of the County from attacking, wounding or killing persons, livestock, and other domestic and wild animals; to prevent dogs from forming packs roaming wild in rural areas and posing a threat to the health and safety of the citizens and their property; to enable better control and prevent female dogs from producing unwanted litters; to ensure that safe, clean and humane conditions exist for all dogs captured by the County Dog Ward/Animal Control Officer or Humane Officer; to enhance the placement of such captured dogs with responsible owners; to prevent the transmission of disease and to place the responsibility for the proper care, safe maintenance and proper registration of dogs with their respective owners or keepers.

2. INTERRELATIONSHIP BETWEEN ORDINANCE AND STATE CODE

The following provision contained in the State Code of West Virginia, as amended do not appear in this Ordinance, but are administered in conjunction and in addition to the Ordinance.

Chapter 19, Article 20, State Code of West Virginia entitled “Dogs and Cats.” Chapter 19, Article 20A, State Code of West Virginia entitled “Vaccination of Dogs and Cats for Rabies.” Chapter 7, Article 10, State Code of West Virginia entitled “Humane Officers.” Chapter 61, Article 8, Sections 19-23, State Code of West Virginia, relating to animals.

3. DOGS RUNNING AT LARGE - CONTROL OF DOGS BY OWNERS

All dogs in the unincorporated areas of Jefferson County Shall be kept under control by the owner or supervisor of the dog. The county license and rabies vaccination tags shall be attached to the collars of all dogs. The Jefferson County Dog Warden/Animal Control Officer, Humane Officer or any duly sworn officer having jurisdiction in Jefferson County, are hereby authorized to seize dogs not under control or do not have a county license and rabies vaccination tags attached to the collars of the dogs, and are to hold such dogs at the county Dog Pound/Animal Control Office for a period of five (5) days or until the owner of such dogs pays the pound fees and costs due under section 4 of this ordinance, whichever is shorter. Dogs not picked up by the owner within five (5) days shall become the property of the county and destroyed by the dog warden/animal control officer if no responsible new owner is found.

Dogs engaged in legal hunting activities, lawful training activities, lawful herding or other farm related activities not in residential areas shall not be subject to this section of the Ordinance.

All dogs must have a current tag indicating that the applicable county taxes or fees have been paid and/or any dog which does not have a tag indicating that having a rabies vaccination, shall be considered uncontrolled and subject to seizure.

4. IMPOUNDMENT OF DOGS AND FEES FOR IMPOUNDMENT

All dogs seized and impounded as provided for in this ordinance shall be housed and cared for in the Jefferson County Dog Pound, Animal control Office for a period of five (5) days after notice of seizure and impounding shall have been given or posted as required by Chapter 19, Article 20, Section 6 of the State Code of West Virginia. The fees for such impoundment shall be as follows:

Seizing dog and delivery to pound $ 50.00 Housing and care of dog per day $ 5.00 Any necessary or required veterinary care $Cost of Care

All persons paying fees and costs shall be given a signed and dated receipt for the total sum collected. If any person shall fail to pay the fees and costs assessed within 20 days of the assessment, the County Commission of Jefferson County may institute legal proceedings for collection of the same, including all fees and costs expended in the collection effort.

5. DEFINITIONS

Control:

• A Dog Shall be considered under control in the unincorporated areas of Jefferson County if it is secured by a leash. • Dogs are considered under control if they are restrained by a fence on property owned or leased by the dog owner or supervisor. • Dogs shall also be considered under control if they are under the direct supervision of the owner or appointed supervisor on property owned or leased by the dog owner or supervisor.

Legal Hunting Activities:

The following provisions must apply for a dog to be considered engaged in a legal hunting activity:

• The property on which the hunting occurs must not be posted to prohibit hunting. • The game being hunted must be in season. • The persons hunting must be licensed to do so.

6. SEVERABILITY If a court of competent jurisdiction declares any provision of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be involved or ineffective, and all other provisions of the Ordinance shall continue to be separately and fully effective.

7. EFFECTIVE DATE

This Ordinance shall become effective on and after passage and upon adoption by the County Clerk of Jefferson County. Passed and adopted by the County Commission of Jefferson County on this 8th day of July, 2004, effective the 1st day of September, 2004.

Dated this 8th day of July, 2004.

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From: Christina Davis Sent: Tuesday, November 05, 2019 4:39 PM To: Roxanne Maher Subject: Roaming Dog Fine Attachments: ordinance violation.pdf

Hi Roxanne!

Please forward this to council. i told them I'd look into it and get back to them with an answer.

We can use the stateroaming statute to ticket for a town leash ordinance. it increases the fine to $100 total. Original fine $92, so it would fall under ordinance penalty #3. Brining total due to $100.

See attachment. (Please ignore Sgt. Bailey's notes on the side!)

Thank you, Christina VIOLATIONSOF MUNICIPAL ORDINANCESNOTRELATEQTD PARKINGOR M01OR VEHlGl'.E§

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