Public Health, Recreation & Environment Standing Committee of the RTM

FIFTEEN ROPE FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
AGENDA
PUBLIC HEALTH, RECREATION & ENVIRONMENT STANDING COMMITTEE OF
THE RTM
Special Meeting
Wednesday, July 12, 2023
5:00 P.M. - Waterford Town Hall
BOE Conference Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Comment
BIE gd L-W aM
5. To consider and act upon the minutes of January 30, 2023 meeting.
6. Consideration and possible action on item referred to committee:
A. Review of Noise Ordinance, Noise Control — Chapter 9.06, RTC 10/04/21
B. Review of Feral Cat Management, RTC 12/05/2022
7. Adjournment

6A
Proposed letter from RTM (through Moderator Paul Goldstein to P & Z Chair Gregory Massad)
Dear Chairman Massad:
I am writing on behalf of the Representative Town Meeting which voted at its August 6,
2023 meeting, per the recommendation of the Health, Recreation and Environment Standing
Committee, to communicate to the Planning and Zoning Commission the RTM’s request that the
Commission consider revisiting the process under which spec permits may be issued for
outdoor accessory dining. The Standing Committee conducted’a number of meetings in late
2022 and early 2023 to consider potential amendments‘a arnered input from many residents
regarding potential strategies for mitigating the effects of music associated with outdoor dining
emanating from commercial activities. The clear iment expressed! to the Standing
Committee was that the better approach to addressing this issue was potential revisions to the
outdoor dining special permit process rather than. amending our r current noise ordinance.
The Standing Committee asked the full RTM: to pass or
Commission while recognizing that: such: potential revision
the purview of your Commission. On behalf oof the RTM,
this request. a :
n this suggestion to:your
fo your regulations is fully within
e appreciate your consideration of
{!02765600.DOCX; v.}

July 6, 2023
To: Mr. Paul Goldstein, Moderator RTM
At the RTM Regular Meeting on October 4, 2021 following public comment and discussion The
RTM voted unanimously to refer the review of the Noise Ordinance (Chapter 9.06 — Noise
Control) to the Public Health Recreation & Environment Standing Committee of the RTM. The
standing committee convened four times since receiving its charge: After considerable research
and deliberation the consensus of the Public Health, Recreation and Environment standing
committee of the RTM is that creating a more enforceable ordinance may be too restrictive to
residents and businesses.
Residents expressed through counsel at the January 30, 2023 Public Health, Recreation and
Environment Standing Committee meeting, that the remedy:to.their concern best be addressed
through the Planning and Zoning Commission:and not through ordinance. Thus, the Standing
Committee recommends the RTM asks the Planning and Zening Commission to review its
process of issuing special permits.to address the potential confluence of residential and
commercial zones. Please see attached letter the Committee recommends for the RTM to
forward to the Planning. and Zoning Commission.
Sincerely,
Michael A. Bono
Chair Public Health, Recreation and Environment
District 4 - Representative Town Meeting

Example #1
Title 6.05. Animals 6 B
6.05.010. Feral and Domestic Cats
6.05.011. Statutory authority; purpose.
In accordance with Public Act No. 96-243, C.G.S. § 22-339d, the Town of Waterford enacts this
article to regulate the keeping of feral cats and to establish procedures for the Animal Control
Officer to follow incident to his duties with respect thereto. The purpose of this article is to
promote the public health and welfare relating to the control of the spread of the rabies virus,
animal overpopulation, and property damage as it relates to domestic and feral cats.
6.05.012. Definitions.
As used in this article the following terms shall have the meanings indicated:
FERAL CAT
A free-roaming domestic cat which is not owned.
KEEPER
Any person or organization harboring, regularly feeding or having in his or its possession any
feral cat. Refusal to permit any Animal Control Officer to impound a feral cat shall be deemed
evidence of keeping.
6.05.013. Requirements.
A. Within one year of the adoption of this article, a keeper of feral cats within the Town
shall register with the Animal Control Officer for the Town.
B. When a keeper registers with the Animal Control Officer, the Animal Control Officer
shall provide information to the keeper regarding the proper care and management of
feral cats.
Cc. A keeper of feral cats shall provide for the vaccination of such cats against rabies
pursuant to C.G.S. § 22-339b.
D. A keeper of feral cats shall provide for the sterilization of such cats. A keeper shall be
considered an eligible owner for purposes of the animal population control program
established under C.G.S. §§ 22-380c to 22-380m, inclusive, provided that such cats are
adopted from a municipal pound.
6.05.014, Protection of property.

Example #1
No person owning or keeping any cat shall permit such animal to:
A.
B.
Substantially damage property other than the property of the owner or keeper; or
Cause an unsanitary, dangerous or unreasonably offensive condition.
6.05.015. Impoundment.
A.
The Animal Control Officer may take into custody any cat found to be damaging the
property other than property of its owner or keeper or causing an unsanitary, dangerous
or unreasonably offensive condition unless such cat can be identified as under the care of
its owner or a registered keeper of feral cats.
The Animal Control Officer shall impound a cat that he has taken into custody at the
Town pound unless, in the opinion of a licensed veterinarian, the cat is so injured or
diseased that it should be destroyed immediately, in which case the Animal Control
Officer may cause the cat to be mercifully killed by a licensed veterinarian or disposed of
as the State Veterinarian may direct.
The Animal Control Officer shall immediately notify the owner or keeper of any cat so
taken, if known, of its impoundment. If the owner or keeper of any such cat is unknown,
the Animal Control Officer shall immediately tag or employ such other suitable means of
identification of the cat as may be approved by the Chief Canine Control Officer and
shall promptly cause a description of such cat to be published once in the lost and found
column of a newspaper having a circulation in the Town.
If such cat is not claimed by and released to the owner or keeper within seven days after
the date of publication, the Animal Control Officer, upon finding such cat to be in
satisfactory health, may sell such cat to any person who satisfies such Officer that he is
purchasing it as a pet and that he can give it a good home and proper care. The Animal
Control Officer may retain possession of such cat for such additional period of time as he
may deem advisable in order to place such cat as a pet.
If, within such period, any cat is not claimed by and released to the owner or keeper or
purchased as a pet, the Animal Control Officer shall cause such cat to be mercifully killed
by a licensed veterinarian or disposed of as the State Veterinarian may direct.
Any cat captured or impounded under the provisions of Subsection A of this section shall
be redeemed by the owner or keeper thereof, or the agent of such owner or keeper, upon
proper identification and presentation to the Animal Control Officer of a license, tag or
other means of identification for such cat, and upon the payment by such owner or keeper
or his agent of:
(1) =A redemption fee of $15; and

Example #1
(2) The cost of advertising incurred under the provisions of Subsection C of
this section.
When the owner or keeper of any such impounded cat fails to redeem such cat within 24
hours after receiving notification to do so, or, where the owner was unknown, within 24
hours after notification was effected by means of publication in a newspaper, such owner
or keeper shall pay, in addition to such redemption fee and the cost of advertising, the
amount determined by the Animal Control Officer to be the full cost of detention and
care of such impounded cat.
6.05.016. Penalties for offenses.
A.
Any person who has violated 6.05.014 of this article shall be fined $25 for each violation.
Such fine is in addition to any fees collected as provided in 6.05.015 of this article. Each
day that a violation occurs or continues shall constitute a separate offense. The Animal
Control Officer or his agent shall issue a notice of violation to the violator. Such notice of
violation shall state the nature of the violation, the amount of the fine to be paid, and an
answer date by which the fine must be paid. Unless a plea of not guilty is entered by the
answer date given on the notice of violation, failure to pay the fine by the date provided
in the notice shall cause the amount of the fine to triple. Payment shall be made to the
Town of Waterford.
Any owner or keeper of any impounded cat who fails to redeem such cat within 120
hours after receiving notification to do so pursuant to this article shall be in violation of
this article and shall be fined and issued a notice of violation in conformance with the
procedure for a violation of 6.05.014, as set forth in Subsection A above.
No person who destroys a cat pursuant to 6.05.015 B and E of this article shall be held
criminally or civilly liable therefor.

Example #2
TITLE 6.0. An Ordinance Regulating Cats
6.05.010 Legislative Authority.
This section is enacted pursuant to the provisions of C.G.S. section 7-148, et seq., as amended.
6.05.011 Statement of Purpose
The Town Council of the Town of Waterford finds that there is an overpopulation of stray and
unwanted cats in the Town, evidenced in part by the increasing number of cat complaints
received each year by the regional Animal Control Officer. It 1s the purpose of this chapter to
promote the health, safety and general welfare of the residents of the Town of Waterford by
reducing the number of stray/abandoned cats. This section shall serve to reduce the excessive
numbers of unwanted cats and eventually limit the unnecessary euthanization of
stray/feral/homeless cats by restricting the breeding practices of pet owners and breeders. It is
also found that other communities with such ordinances have experienced decreases in the
number of cat complaints.
6.05.012 Mandatory Spaying/Neutering
1. No person shall own, harbor or keep a cat over the age of six months which has not
been spayed or neutered, unless such person holds an unaltered animal permit for the
animal (see Unaltered Animal Certification; Administration, below). Any such person
who violates this provision may be cited and fined by the Animal Control Officer for
such violation.
2. Any person intentionally providing care or sustenance for a cat shall be deemed to be the
owner and shall comply with this section.
3. Any owner of an unaltered cat who has been cited or fined by the Animal Control
Officer for failing to obtain a permit shall have his or her citation or fine dismissed if
proof of altering in the form of an official neuter or spay certificate is presented within
30 days of the issuance of the citation or the owner obtains the necessary permit within
30 days of the issuance of the citation and the animal has not reproduced.
4. Individuals who are aware of cat abandonment are encouraged to notify the Animal
Control Officer of said event:
e To ensure that the animal is not simply lost
« To identify potential problem areas
¢ To receive assistance with spay/neuter and/or placement of the animal(s)
Those complying will not be subject to penalty for having an unaltered animal on the premises
if they are willing to surrender it to the Animal Control Officer.
6.053.013 Penalties
1. The penalty for violation of this Ordinance shall be $75, payable to the municipal
Neuter Assistance and Education Fund. If the violation is not corrected within 30 days
and the fine is not paid, the continuing violation becomes a second offense, the fine for
which shall be an additional $75. A fine of $75 will be assessed for each additional 30-
day violation.
2. The Animal Control Officer may, at his/her discretion, waive the citation and/or penalty
if the animal(s) is surrendered to the Animal Control Department for placement or for
other good cause to be determined by the Animal Control Officer.
3. The penalty shall not be waived by the Department upon the transfer or abandonment
of the cat by the noncompliant owner except as specified above.

Example #2
6.05.014 Unaltered Animal Certification; Administration
The Town Clerk's office shall administer a permit program to allow for unaltered cats over the
age of six months when the following conditions have been met:
1.
2.
3.
4,
An annual permit fee of $25 is paid at the time of application and upon each annual
renewal, Permit fees will be payable to the Neuter Assistance and Education Fund.
The animal is examined annually by a licensed veterinarian and is following the
preventative program recommended by the veterinarian.
The animal is current on rabies vaccination.
The owner otherwise complies with any applicable local/state law concerning the
care and housing of animals and has not been in violation of animal related
ordinance/laws in the past 24 months.
The owner furnishes the Town Clerk with a signed statement agreeing to the
following conditions: Offspring of the unaltered animal will not be sold or adopted
until they are at least eight weeks of age.
+ Records will be kept documenting how many offspring were produced and who
adopted or purchased them (name, address, phone number).
e Offspring must be immunized against common diseases.
« The Seller/adopter must disclose the permit number in any advertisement.
6.905.015 Sterilization of Impounded Animals
On a first or subsequent impoundment of a cat, the Animal Control Officer may require that, as
a condition for return to its owner or keeper, (a) the animal must be altered and (b) the cost
incurred must be paid by the owner or keeper, or that the owner or keeper obtain Unaltered
Animal Certification per this chapter.
6.05.016 Exemptions from this Ordinance
Persons owning animals in the care of the following organizations or meeting the following
conditions are exempt from the provisions of this Ordinance:
1.
2.
Animal shelters and rescue organizations that have implemented an ongoing spay/neuter
rogram.
Medical - A licensed veterinarian has determined that an animal is medically
unsuited to undergo the surgical procedure and has signed a statement to that effect
specifying the medical grounds for the exemption.
A. Temporary medical - The veterinarian may specify a temporary medical
condition including the prognosis of when the surgery may be performed,
which shall become the expiration date of the temporary exemption.
8. Transitory status - An animal that is temporarily in the Town to participate
in a show or event sponsored by a nonprofit, sanctioned animal organization.
c
6.05,017 Neuter Assistance and Education Fund
All fees and penalties collected under the provisions of this chapter shall be deposited into a special
fund known as the Neuter Assistance and Education Fund. The purpose of said fund shall be to
provide for sterilization of impounded cats and to offer financial assistance to qualified residents for
the spaying and neutering of t eir cats and to create public awareness regarding efforts to control
pet overpopulation in the Town. Additionally, the Town and the Animal Control Department shall
maintain a current list of resources for reduced-price spay/neuter services for distribution to
residents of the Town.

OFFICE OF
LEGISLATIVE
ESEARCH
Objective Research for Connecticut's Legislature R esea&c n R e po rt
Feral Cat Laws in Select States
By: Janet Kaminski Leduc, Chief Attorney
November 10, 2024 | 2021-R0202
Issue
This report summarizes state laws related to feral cats in New England and New York.
Summary
Connecticut law allows municipalities to adopt ordinances requiring feral cat keepers to register
with the local animal control officer (ACO) and prohibiting cat owners or keepers from letting cats
cause property damage or an unsanitary, dangerous, or unreasonably offensive condition. In these
municipalities, an ACO may impound cats causing damage or unsanitary, dangerous, or
unreasonably offensive conditions and try to locate the cats’ owners or keepers. If a cat goes
unclaimed, the ACO may have it sterilized and sold as a pet or put down humanely.
Connecticut, Massachusetts, New Hampshire, and New York each operate programs that help low-
income residents sterilize their cats or dogs (e.g., animal population control programs).
Connecticut’s program also helps nonprofit animal rescue groups sterilize and vaccinate feral cats.
Maine, New York, and Rhode Island laws permit people to release stray or feral cats to animal
shelters, who may adopt out the animais or euthanize them under certain conditions. In Vermont, a
person can use an approved rabies vaccine to inoculate a feral cat without using a licensed
veterinarian.
www.cga.ct.gov/olr Connecticut General Assembly (860) 240-8400
OLRequest@cga.ct.gov Office of Legislative Research Room 5300
Stephanie A. D’Ambrose, Director Legislative Office Building

Connecticut
Municipal Feral Cat Ordinances
Connecticut law allows a municipality to adopt an ordinance requiring individuals who keep feral
cats in residential or commercial areas to register with the municipality’s ACO within one year of the
ordinance's adoption. The ACO must give them information on the proper care and management of
feral cats. The ordinance must require feral cat keepers to sterilize and vaccinate the cat against
rabies. The law specifies that if a feral cat is adopted from a municipal pound, its keeper is eligible
for cat sterilization financial assistance under the state’s animal population control program (see
below) (CGS _§ 22-339d(a)). (The law also allows a municipality to adopt an ordinance prohibiting
anyone owning or keeping a cat from letting it (1) substantiaily damage property other than the
owner's or keeper's property or (2) cause an unsanitary, dangerous, or unreasonably offensive
condition. A violation of such an ordinance is, by law, an infraction (CGS _§ 22-339d(b)).)
The law defines a “feral cat” as a free-roaming cat that is not owned. A “keeper” is a person who, or
organization that, harbors, regularly feeds, possesses, or forbids an ACO from impounding a feral
cat.
The law does not specify the penalty for violating a feral cat ordinance adopted under CGS § 22-
339d(a). But, state law allows municipalities to issue citations for violating local ordinances and
regulations (CGS § 7-148(c)(10)(A)). The municipality must designate the ordinances and
regulations it wants to enforce by citation and specify the officials who can issue them. Citations
may be issued for fines up to $250 unless the statutes specify otherwise.
Unclaimed Cat Impounded by an ACO
By law, an ACO for a municipality that has adopted a cat ordinance under CGS § 22-339d(b) may
impound a cat (1) found to be damaging property other than property of its owner or keeper or (2)
causing an unsanitary, dangerous, or unreasonably offensive condition unless the cat is under the
care of an owner or keeper of feral cats. If the owner or keeper is not known, the ACO must publish
a description of the cat in the local newspaper's lost and found column. If a cat is not claimed
within seven days of publication, the ACO may have a veterinarian sterilize the cat and then sell the
cat as a pet, An ACO must have a cat that remains unclaimed put down humanely (CGS § 22-332d).
Animal Population Control Program
The Department of Agriculture’s Animal Population Control Program (1) provides sterilization and
vaccination options for state residents who adopt cats and dogs from municipal pounds, (2)
provides low-income state residents discounted sterilization and vaccination options for their dogs
2021-R-0202 November 10, 2021 Page 2 of 4

and cats, and (3) assists registered nonprofit rescue groups with the sterilization and vaccination of
feral cats. No more than 20% of the animal population control account funds may be used for the
feral cat program (CGS § 22-380g as amended by PA 21-90 § 10).
Maine
Maine defines a “feral cat” as a cat with no owner identification that consistently exhibits extreme
fear in the presence of people. The law allows ACOs and people to bring stray cats to an anima!
shelter. If the stray cat is homeless or feral, the shelter must hoid it for at least 48 hours (if
homeless) or 24 hours (if feral). After this period, the shelter may offer the cat for adoption, sell it,
give it away, or dispose of it humanely. The shelter, an ACO, or a state humane agent may authorize
the cat’s immediate euthanasia if it is severely sick or injured if, among other things, a veterinarian
states in writing the cat’s recovery is unlikely or the cat presents a danger to the public (Me. Rev.
Stat. Ann. tit. 7, §§ 3907, 3919 & 3919-A).
Massachusetts
Massachusetts operates a Homeless Animal Prevention and Care Fund, which the Department of
Agricultural Resources uses to (1) offset the costs of vaccinating and sterilizing homeless cats and
dogs, (2) help low-income residents vaccinate and sterilize their cats and dogs, and (3) help with
ACO training costs. Funds come from voluntary donations, gifts, and grants (Mass. Gen. Laws Ann.
ch. 10 § 35WwW).
New Hampshire
The New Hampshire Department of Agriculture, Markets, and Food runs an Animal Population
Control Program to reduce the population of unwanted and stray cats and dogs. The program
provides financial assistance for low-income residents to spay or neuter their cat or dog (N.H. Rev.
Stat. Ann. § 437-A:2).
New York
Animal Population Control Program
New York law requires the Department of Agriculture and Markets to contract with an independent
nonprofit entity to administer the state Animal Population Control Program. The program is intended
to reduce the population of unwanted and stray cats and dogs, thereby reducing euthanasia rates
and public health threats. It provides low-cost spaying and neutering services to low-income
residents (N.Y. Agric. & Mkts. Law § 117-a).
2021-R-0202 November 10, 2021 Page 3 of 4

Stray and Homeless Animals
New York law allows a humane society, society for the prevention of cruelty to animals, ACO, or
police officer to have a stray or homeless animal humanely euthanized if a veterinarian or two
reputable citizens find that the animal is so maimed, diseased, disabled, or infirm that euthanasia
is warranted. If this finding is not made, then the animal, after five days, may be placed for adoption
or be humanely euthanized. But municipalities may, by ordinance, set forth a different time period
(not less than three days) for unclaimed cats whose owners cannot be identified provided that such
cats are made availabie solely for adoption (N.Y. Agric. & Mkts. Law § 374).
Rhode Island
Under Rhode Island law, resident cat owners must have their cats that are over three months old
wear an identification tag at all times unless they meet certain exemptions (e.g., are kept
exclusively indoors or confined in outdoor areas and kept for breeding purposes). ACOs may fine
anyone in violation; fines collected are remitted to the municipality where the violation occurred
(RL. Gen. Laws §§ 4-22-3 & 4-22-7).
The law authorizes ACOs to impound feral (i.e., wild, unsocialized, or untamed) cats and dispose of
them or release them to a licensed animal shelter (R.I. Gen. Laws §§ 4-22-2 & 4-22-8).
if a feral cat is released to an animal shelter or impounded in a municipal pound, the shelter or
pound must hold the cat for at least five days if it is wearing identification or two days if not. After
this period, if the cat is not claimed, the shelter or pound may offer it for adoption or sale or
otherwise dispose of it. if the feral cat is without identification and poses a danger, the shelter or
pound may euthanize the cat before the period ends. Additionally, the period does not apply to any
injured or maimed cat that a veterinarian examines and confirms in writing snould be destroyed for
humane reasons (R.I. Gen. Laws § 4-22-5).
By law, a shelter or pound cannot release a feral cat that was impounded without identification until
the owner complies with the cat identification requirements (R.I. Gen. Laws § 4-22-6).
Vermont
Under Vermont law, an owner of a domestic pet must have a licensed veterinarian inoculate the
animal against rabies with an approved vaccine. However, the law allows a person to use an
approved rabies vaccine to inoculate a feral cat that takes up residence in a building (other than
the person’s home) without using a licensed veterinarian for this purpose (Vt. Stat. Ann. tit. 20, §
3581a).
JKLike
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