[HISTORY: Adopted by the Town of Weston as indicated in article
histories. Amendments noted where applicable.]
[Adopted 5-21-2015]
The purpose of this chapter is to provide for the control of
dogs while they are off the premises of the owner and for the removal
of dog feces from public property and from the private property of
another, as defined herein.
When used in this chapter, the following words, terms, and phrases,
and their derivations, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
The dog is off the premises of the owner, and not on a leash,
cord, chain, or other harness.
Any member of the canine species, male, female, neutered
male or spayed female.
Any person or persons, firm, association, partnership, LLC
or corporation having temporary or permanent custody of, sheltering
or having charge of, harboring, exercising control over, or having
property rights to a dog, or in the case of a person under the age
of 18, the person's parent or legal guardian. A dog shall be
deemed to be harbored if it is fed or sheltered for three or more
consecutive days.
Property of any person or persons, firm, association, partnership,
LLC or corporation, other than property of the owner or of the owner's
family.
Town-owned property and all property used for public or municipal
purposes, including parks, recreation areas, playing fields, school
grounds, sidewalks, easements, rights-of-way, and the traveled portion
of public streets and roads.
A dog individually trained to do work or perform tasks for
the benefit of an individual with a disability as set forth by the
United States Department of Justice ADA Requirements for Service Animals.
A.
B.
Law enforcement excepted. The provisions of this section shall not
apply to dogs owned or controlled by government law enforcement agencies
or organized Fire Department personnel or persons authorized by said
agencies or departments to engage in search and rescue activity or
training for any such activity.
C.
Service dogs excepted. The provisions of this section shall not apply
to service dogs.
D.
Enforcement. The provisions of this section are designated for enforcement
in accordance with Sections 7-148 and 7-152c of the Connecticut General
Statutes as amended. The Town of Weston may institute civil proceedings
to enforce the provisions herein contained. Pursuant to Section 7-
148(c)(10)(A) this section may be enforced by citation issued by a
designated municipal officer or employee.
E.
Penalties for offenses. Violations of this section may be punishable
by fine. At his discretion, the Animal Control Officer may issue a
verbal warning for a first offense. The fine shall be in an amount
of $75 for each violation. If such fine is not contested pursuant
to Section III hereof, it shall be paid within 30 days of the date
of issuance of the citation. If a fine is not paid within 30 days
of issuance or, if a hearing is requested, within 30 days of a decision
sustaining the violation, then the amount of the fine shall be doubled.
A.
Removal of dog waste. If any dog shall defecate upon any public property,
or the private property of another, the owner of said dog shall immediately
remove or cause to be removed from the property all feces deposited
by said dog. If such feces are not removed, then the owner of said
dog shall be deemed in violation of this section. These obligations
shall not apply to the feces of a service dog accompanying a visually
impaired person.
B.
Penalties for offenses. Violations of this section shall be punishable
by fine. The fine shall be in an amount of $50 for each violation.
If such fine is not contested pursuant to Section III hereof, it shall
be paid within 30 days of the date of issuance of the citation. If
said fine is not paid within 30 days of issuance or, if a hearing
is requested, within 30 days of a decision sustaining the violation,
then the amount of the fine shall be doubled.
C.
Enforcement. The provisions of this section are designated for enforcement
in accordance with Sections 7-148 and 7-152c of the Connecticut General
Statutes as amended. The Town of Weston may institute civil proceedings
to enforce the provisions herein contained. Pursuant to Section 7-148(c)(10)(A)
this section may be enforced by citation issued by a designated municipal
officer or employee.
Pursuant to the provisions of Section 7-152c of the Connecticut General Statutes, as amended, the Town of Weston adopts the provisions authorized by Section 7-152c and establishes a hearing procedure, for violations cited under §§ 12-3 and 12-4 of this chapter, as follows:
A.
Hearing officers. The First Selectman shall appoint one or more Hearing
Officers. No person who serves as a police officer, member of the
Police Commission, employee of the Police Department or person who
issues citations shall serve as a Hearing Officer.
B.
Notice of citation. The municipality, acting by the First Selectman
or the First Selectman's designee, shall, at any time within
12 months from the expiration of the final period for uncontested
payment of a fine, penalty, cost or fee for any citation issued under
this chapter, send notice to the person cited. Such notice shall contain
the following information:
(1)
The allegations against the person cited, together with the amount
of the fines, penalties, costs, or fees due.
(2)
The fact that a person may contest his or her liability before a
Hearing Officer by delivery in person or by mail of a written notice
within 10 days from the date of the notice.
(3)
That if a hearing is not demanded, an assessment and judgment shall
be entered against the person cited.
(4)
Any such judgment may issue without further notice.
C.
Admission of liability. If an individual cited wishes to admit liability
for any alleged violation, he or she may, without requesting a hearing,
pay the full amount of the fines, penalties, costs and fees admitted
to, in person or by mail, to an official designated by the First Selectman.
Such payment shall be inadmissible in any proceeding, civil or criminal,
to establish the conduct of such person or other person making the
payment.
D.
Failure to demand hearing. Any person who does not deliver or mail
written demand for a hearing within 10 days of the date of the first
notice shall be deemed to have admitted liability, and the designated
municipal official shall certify such person's failure to respond
to the Hearing Officer. The Hearing Officer shall thereupon enter
and assess the fines, penalties, costs or fees provided for by the
applicable ordinances.
E.
Request for hearing. Any person who requests a hearing within the
time specified in this chapter shall be given written notice of the
date, time and place for the hearing. Such hearing shall be held not
less than 15 nor more than 30 days from the date of the mailing of
the notice, provided the Hearing Officer shall grant, upon good cause
shown, any reasonable request by any interested party for postponement
or continuance. An original or certified copy of the initial notice
of violation shall be filed and retained by the municipality. The
notice shall be deemed to be a business record within the scope of
Section 52-180 of the Connecticut General Statutes and evidence of
the facts contained therein. The presence of the issuing official
or police officer shall be required at the hearing if the accused
so requests. A person wishing to contest his or her liability shall
appear at the hearing and may present evidence on his or her own behalf.
A designated municipal official, other than the Hearing Officer, may
present evidence on behalf of the municipality. Any person who fails
to appear may be defaulted and have an assessment by default entered
against him or her upon a finding of proper notice and liability under
applicable statutes or ordinances. The Hearing Officer may accept
from such person copies of police reports, investigatory and citation
reports, and other official documents by mail and may determine thereby
that the appearance of such person is unnecessary. The Hearing Officer
shall conduct the hearing in the order and form and with such methods
of proof as he or she deems fair and appropriate. The rules regarding
the admissibility of evidence shall not be strictly applied, but all
testimony shall be given under oath or affirmation. The Hearing Officer
shall announce his or her decision at the end of the hearing. If the
Hearing Officer determines that the person is not liable, he or she
shall dismiss the matter and enter the determination in writing. If
the Hearing Officer determines that the person is liable for the violation,
he or she shall enter and assess the fines, penalties, costs or fees
against such person.
F.
Notice of assessment. If the assessment is not paid on the date of
its entry, the Hearing Officer shall send by first class mail a notice
assessment to the person found liable and shall file, not less than
30 days nor more than 12 months after such mailing, a certified copy
of the notice assessment with the Clerk of the Superior Court facility
designated by the Chief Court Administrator within the boundaries
of the Judicial District in which the municipality is located, together
with an entry fee of $8. A certified copy of the notice of assessment
shall constitute a record of assessment. Within such twelve-month
period assessment against the same person may be accrued and filed
as one record of assessment. The Clerk of the Superior Court shall
enter judgment in the amount of such record of assessment and court
costs of $8 against such person in favor of the municipality. Notwithstanding
any other provision of the Connecticut General Statutes, the Hearing
Officer's assessment, when so entered as a judgment, shall have
the effect of a civil money judgment, and a levy of execution on such
judgment may be made without further notice to such person.
G.
Appeal. There shall exist a right of appeal in favor of any person
against whom an assessment has been entered pursuant to the provisions
of this chapter. An appeal shall be instituted within 30 days of the
mailing of notice of such assessment by filing a petition to reopen
assessment, together with an entry fee in an amount equal to the entry
fee for a small claims case pursuant to Section 52-259 of the Connecticut
General Statutes in the Superior Court designated by the Chief Court
Administrator, which shall entitle such person to a hearing in accordance
with the rules of the Judges of the Superior Court.
