Norwalk Municipal Code Ch. 6.28 Dangerous and Vicious Animals

A. No person owning or having charge, custody or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, controller possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah, or any animal commonly referred to as "wild animal" or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such person.

B. Any dog having a disposition or propensity to attack or bite any person or animal without provocation is defined as a "wild or vicious animal." The Executive Director shall notify the owner or harborer of such dog in writing to keep such animal within a substantial enclosure or securely attached to a chain or under any other type of control which is reasonably adequate under the circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the Executive Director's order. If, upon receiving such written notification, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the Executive Director within a reasonable time, the animal shall be subject to capture and summary destruction.

Where the official records of the Executive Director indicate that a dog has (1) bitten any person or animal on at least two separate occasions; or (2) been trained to fight, attack or kill and has bitten a person or animal at least once, causing any substantial physical injury, it shall be prima facie evidence that the dog is a wild or vicious animal for purposes of Chapter 6.28 of the Norwalk Municipal Code.

(Prior code § 6-6.5; amended during 1999 codification; Ord. 21-1722 § 2)

No person owning or having charge, custody, control or possession of any animal or reptile described in Section 6.28.010 shall allow such animal or reptile within the enclosed premises of such person unless and until he or she has first secured a permit to do so and complies with all terms and conditions of such permit. Thereafter, such animal or reptile shall at all times be confined, controlled or restrained in such manner that the life, limb or property of any person lawfully entering such premises shall not be endangered.

(Prior code § 6-12.1; Ord. 21-1722 § 2)

Except as provided in this chapter, no person shall have, keep, maintain or have in his or her possession or under his or her control any animal or reptile described in Section 6.28.010 without first applying to and receiving a permit from the Executive Director to do so.

(Prior code § 6-12.2; Ord. 21-1722 § 2)

An application for any permit required pursuant to this chapter shall be made to the Executive Director in writing, and upon a form furnished by the Executive Director if so required. The application shall be verified by the person who desires to have, keep, maintain or have in his or her possession or under his or her control the animal or reptile for which a permit is required, and shall set forth the following:

A. Name, address and telephone number of the applicant;

B. The applicant's interest in such animal or reptile;

C. The location at which the animal or reptile is proposed to be kept, and the name, address and telephone number of the owner of such location, and of the lessee, if any;

D. The number and general description of all animals or reptiles for which the permit is sought;

E. Any information known to the applicant concerning vicious or dangerous propensities of each such animal or reptile;

F. The housing arrangements for such animals or reptiles, with particular details as to security of structure, locks and fencing;

G. Safety precautions proposed to be taken;

H. Noises or odors anticipated in the keeping of such animals or reptiles;

I. Prior history of incidents involving the public health or safety involving any of the animals or reptiles;

J. Any additional information required by the Executive Director at the time of filing such application or thereafter;

K. Proof of comprehensive general liability insurance in an amount not less than one million dollars ($1,000,000.00).

(Prior code § 6-12.3; amended during 1999 codification; Ord. 21-1722 § 2)

The fee for a permit application for wild or dangerous animals shall be as established by the Executive Director, and shall be payable to the Executive Director at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit. The fee is not refundable, regardless of whether or not a permit is issued.

(Prior code § 6-12.4; Ord. 21-1722 § 2)

Copies of any application for permit under this chapter shall be sent by the Executive Director to the law enforcement agency of the City, the Planning Department of the City, and to any other department or agency from which information is required, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless this requirement is waived by the City Manager for good cause.

(Prior code § 6-12.5; Ord. 21-1722 § 2)

Any person dissatisfied with the ruling of the Executive Director may, within 10 days after such ruling, appeal the decision to the City Council. Such appeal shall be a simple statement in writing setting forth in common terms the basis of the appeal.

An appeal fee shall be required for each appeal to the City Council. No appeal shall be placed on the agenda of any meeting of the City Council until such fee has been paid.

(Prior code § 6-12.6; Ord. 21-1722 § 2)

No permit shall be granted except with such conditions attached as shall, in the opinion of the Executive Director, or the City Council on appeal, reasonably ensure the public health, safety and general welfare, and no permit shall be granted in any event for any animal or reptile at any particular location except upon any explicit finding by the Executive Director or the City Council upon appeal, that the issuance of such permit will not be contrary to the public health, safety and general welfare.

(Prior code § 6-12.7; Ord. 21-1722 § 2)

The Executive Director may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance of any such animal or reptile upon such conditions as he or she shall, in his or her sole discretion, require when, in his or her opinion, there is no reasonable doubt as to the consistency of such permit with the public health, safety and general welfare; but no such animal or reptile shall be otherwise kept, maintained or permitted to occupy any premises, except while a regular or temporary permit is in full force and effect.

(Prior code § 6-12.8; Ord. 21-1722 § 2)

The Executive Director shall take possession of any animal or reptile described under Section 6.28.010 for which a permit has not been issued, or if previously issued has been revoked, and keep the same until the proper permit has been secured by the owner; provided that, such animal shall not be released to the owner until all fees and costs have been paid and all laws and permit conditions complied with.

(Prior code § 6-12.9; Ord. 21-1722 § 2)

No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of such permit shall be made not less than 45 days prior to the expiration of such permit, and shall be accompanied by the same fee as required upon making the original application, except that a lesser fee may be authorized when, in the opinion of the Executive Director, the public health, safety and general welfare do not require further investigation prior to such renewal.

(Prior code § 6-12.10; Ord. 21-1722 § 2)

A. The Executive Director may, for good cause, after informal public hearing, revoke any permit or modify any terms or provisions of such permit, with the exception of permits which have been approved by the City Council, which may be revoked or modified by the City Council pursuant to the request of the Executive Director.

B. The Executive Director may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion of such permit without hearing for a period not to exceed 30 days.

(Prior code § 6-12.11; Ord. 21-1722 § 2)

Any person aggrieved by such action of the Executive Director may, upon payment of an appeal fee, have such action reviewed by the City Council; however, the filing of an appeal shall not stay any order of suspension or other action of the Executive Director.

(Prior code § 6-12.12; Ord. 21-1722 § 2)

The permit requirements of this chapter shall not apply to any person keeping or maintaining or having in his or her possession or control any animal or reptile defined in Section 6.28.010 when such person is transporting such animal or reptile through the City, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency of the proposed route and time of transportation.

(Prior code § 6-12.13; Ord. 21-1722 § 2)

The provisions of this chapter shall not apply to animals which are kept confined in any public zoo, museum, circus, carnival, exhibition or show.

(Prior code § 6-12.14; Ord. 21-1722 § 2)

Commercial establishments possessing animals or reptiles for which a permit is required pursuant to this chapter, for the purpose of sale or display, may replace the same with others of the same kind, but the number of each shall not be in excess of the number allowed by the terms of such permit. Such establishments may, in the discretion of the Executive Director, be granted a permit for such numbers of each kind of animal or reptile as do not exceed the maximum such establishment estimates will be maintained by it at any one time during the period of the permit. Such permit shall require the immediate notification of the Executive Director upon the acquisition of any animal or reptile having a prior history of any incident involving the public health or safety or resulting in any bodily injury or property damage.

(Prior code § 6-12.15; Ord. 21-1722 § 2)