Sec. 26-40a. Possession of potentially dangerous animal. Bill for costs of confiscation. Civil penalty.
Sec. 26-40a. Possession of potentially dangerous animal. Bill for costs of confiscation. Civil penalty. For the purposes of this section, the following wildlife, or
any hybrid thereof, shall be considered as potentially dangerous animals: The felidae,
including, but not limited to, the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat,
puma, lynx and bobcat; the canidae, including, but not limited to, the wolf and coyote;
and the ursidae, including, but not limited to, the black bear, grizzly bear and brown
bear. No person shall possess a potentially dangerous animal. Any such animal illegally
possessed may be ordered seized and may be disposed of as determined by the Commissioner of Environmental Protection. The Department of Environmental Protection shall
issue a bill to the owner or person in illegal possession of such potentially dangerous
animal for all costs of seizure, care, maintenance and disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil
penalty not to exceed one thousand dollars, to be fixed by the court, for each offense.
Each violation shall be a separate and distinct offense and in the case of a continuing
violation, each day's continuance thereof shall be deemed to be a separate and distinct
offense. The Commissioner of Environmental Protection may request the Attorney General to institute an action in Superior Court to recover such penalty and any amounts
owed pursuant to a bill issued in accordance with this section. The provisions of this
section shall not apply to municipal parks, zoos and nature centers, or museums, laboratories and research facilities maintained by scientific or educational institutions; to a
person possessing a Bengal cat certified by an internationally recognized multiple-cat
domestic feline breeding association as being without wild parentage for a minimum
of four prior generations which cat was registered with the Commissioner of Agriculture
on or before October 1, 1996, provided no such cat may be imported into this state after
June 6, 1996; or to persons possessing animals legally on or before May 23, 1983. In
any action taken by any official of the state or any municipality to control rabies, a
Bengal cat shall be considered not vaccinated for rabies in accordance with accepted
veterinary practice.
(1967, P.A. 344; P.A. 83-191, S. 2, 9; P.A. 96-243, S. 5, 16; P.A. 03-192, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e);
P.A. 04-189, S. 1; 04-257, S. 95.)
History: P.A. 83-191 applied provisions to "potentially dangerous" animals rather than to "potentially dangerous wild
animals", eliminated municipal authority to issue permits for possession of such animals, transferring authority to seize
and dispose of them to environmental protection commissioner, and exempted persons legally in possession of such animals
on or before May 23, 1983; P.A. 96-243 added provisions allowing certain Bengal cats to be kept provided they are to be
considered not vaccinated, effective June 6, 1996; P.A. 03-192 made technical changes, added provision re hybrid wildlife,
authorized Department of Environmental Protection to issue a bill for the cost of confiscation, care maintenance and
disposal of potentially dangerous animal to the owner of such animal, established civil penalty not to exceed $1,000 and
authorized the Attorney General to bring suit for recovery of any such civil penalty or bill; June 30 Sp. Sess. P.A. 03-6
replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004;
P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004; P.A. 04-257 made technical changes, effective July 1, 2004.
Cited. 230 C. 916. Cited. 231 C. 939. Held statute not unconstitutionally vague and list of felidae prohibited by statute
not exclusive; judgment of appellate court in State v. DeFrancesco, 34 CA 741, reversed in part. 235 C. 426.
Statute not unconstitutionally vague as applied to hybrid bobcat; statute is unconstitutionally vague as applied to jungle
cat and bengal cat. 34 CA 741; judgment reversed in part, see 235 C. 426.