The
following statutes may be of interest to those involved with
horses in the state of Connecticut. This listing is current
as of June 2005, and may be subject to change or updates.
Further, this list is not all-inclusive, and for more
detailed information, we recommend that you visit the CT
General Assembly website at www.cga.ct.gov Additionally,
this information is provided for informational purposes
only, and should not be construed as legal advice. For
specific advice regarding the laws in Connecticut, you
should speak with an attorney.
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CHP
1
Definition
of Agriculture:
Sec1-1(q) Except as
otherwise specifically defined, the words "agriculture" and
"farming" shall include cultivation of the soil, dairying,
forestry, raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training
and management of livestock, including horses, bees, poultry,
fur-bearing animals and wildlife, and the raising or
harvesting of oysters, clams, mussels, other molluscan
shellfish or fish; the operation, management, conservation,
improvement or maintenance of a farm and its buildings,
tools and equipment, or salvaging timber or cleared land of
brush or other debris left by a storm, as an incident to
such farming operations; the production or harvesting of
maple syrup or maple sugar, or any agricultural commodity,
including lumber, as an incident to ordinary farming
operations or the harvesting of mushrooms, the hatching of
poultry, or the construction, operation or maintenance of
ditches, canals, reservoirs or waterways used exclusively
for farming purposes; handling, planting, drying, packing,
packaging, processing, freezing, grading, storing or
delivering to storage or to market, or to a carrier for
transportation to market, or for direct sale any
agricultural or horticultural commodity as an incident to
ordinary farming operations, or, in the case of fruits and
vegetables, as an incident to the preparation of such fruits
or vegetables for market or for direct sale. The term "farm"
includes farm buildings, and accessory buildings thereto,
nurseries, orchards, ranges, greenhouses, hoophouses and
other temporary structures or other structures used
primarily for the raising and, as an incident to ordinary
farming operations, the sale of agricultural or
horticultural commodities. The term "aquaculture" means the
farming of the waters of the state and tidal wetlands and
the production of protein food, including fish, oysters,
clams, mussels and other molluscan shellfish, on leased,
franchised and public underwater farm lands. Nothing herein
shall restrict the power of a local zoning authority under
chapter 124.
Sec.
19a-341. Agricultural or farming operation not deemed a
nuisance; exceptions. Spring or well water collection
operation not deemed a nuisance. (a) Notwithstanding any general
statute or municipal ordinance or regulation pertaining to
nuisances to the contrary, no agricultural or farming
operation, place, establishment or facility, or any of its
appurtenances, or the operation thereof, shall be deemed to
constitute a nuisance, either public or private, due to
alleged objectionable (1) odor from livestock, manure,
fertilizer or feed, (2) noise from livestock or farm
equipment used in normal, generally acceptable farming
procedures, (3) dust created during plowing or cultivation
operations, (4) use of chemicals, provided such chemicals
and the method of their application conform to practices
approved by the Commissioner of Environmental Protection or,
where applicable, the Commissioner of Public Health, or (5)
water pollution from livestock or crop production
activities, except the pollution of public or private
drinking water supplies, provided such activities conform to
acceptable management practices for pollution control
approved by the Commissioner of Environmental Protection;
provided such agricultural or farming operation, place,
establishment or facility has been in operation for one year
or more and has not been substantially changed, and such
operation follows generally accepted agricultural practices.
Inspection and approval of the agricultural or farming
operation, place, establishment or facility by the
Commissioner of Agriculture or his designee shall be prima
facie evidence that such operation follows generally
accepted agricultural practices.
(b) Notwithstanding
any general statute or municipal ordinance or regulation
pertaining to nuisances, no operation to collect spring
water or well water, as defined in section 21a-150, shall be
deemed to constitute a nuisance, either public or private,
due to alleged objectionable noise from equipment used in
such operation provided the operation (1) conforms to
generally accepted practices for the collection of spring
water or well water, (2) has received all approvals or
permits required by law, and (3) complies with the local
zoning authority's time, place and manner restrictions on
operations to collect spring water or well water.
(c)
The provisions of this section shall not apply whenever a
nuisance results from negligence or willful or reckless
misconduct in the operation of any such agricultural or
farming operation, place, establishment or facility, or any
of its appurtenances.
(The
above section, 19a-341, is commonly known as the "Right to
Farm Law")
Sec. 52-557g. Liability of
owner of land available to public for recreation;
exceptions. (a) Except as provided in
section 52-557h, an owner of land who makes all or any part
of the land available to the public without charge, rent,
fee or other commercial service for recreational purposes
owes no duty of care to keep the land, or the part thereof
so made available, safe for entry or use by others for
recreational purposes, or to give any warning of a dangerous
condition, use, structure or activity on the land to persons
entering for recreational purposes.
(b)
Except as provided in section 52-557h, an owner of land who,
either directly or indirectly, invites or permits without
charge, rent, fee or other commercial service any person to
use the land, or part thereof, for recreational purposes
does not thereby: (1) Make any representation that the
premises are safe for any purpose; (2) confer upon the
person who enters or uses the land for recreational purposes
the legal status of an invitee or licensee to whom a duty of
care is owed; or (3) assume responsibility for or incur
liability for any injury to person or property caused by an
act or omission of the owner.
(c)
Unless otherwise agreed in writing, the provisions of
subsections (a) and (b) of this section shall be deemed
applicable to the duties and liability of an owner of land
leased to the state or any subdivision thereof for
recreational purposes.
Sec.
52-557p. (Formerly Sec. 52-577p). Assumption of risk by
person engaged in recreational equestrian activities; Each person engaged in recreational equestrian
activities shall assume the risk and legal responsibility
for any injury to his person or property arising out of the
hazards inherent in equestrian sports, unless the injury was
proximately caused by the negligence of the person providing
the horse or horses to the individual engaged in
recreational equestrian activities or the failure to guard
or warn against a dangerous condition, use, structure or
activity by the person providing the horse or horses or his
agents or employees.
History: Sec. 52-577p
transferred to Sec. 52-557p in 1997.
Sec.
22-277. Licensing and supervision of commission sales
stables. Branding and identification of animals. Bond
required. (a) As used in this section, "livestock
animal" means any hooved animal raised for domestic or
commercial use. The Commissioner of
Agriculture shall supervise commission sales stables where
livestock animals are sold at public auctions. Any person,
firm or corporation engaged in the business of selling
livestock animals at such auctions or sales shall annually
apply to said commissioner for a license upon a form to be
prescribed by the commissioner. The fee for each such
license shall be one hundred fifty dollars, payable to said
commissioner. Each such license shall be issued for the
period of one year from July first and may be revoked for
cause. If, in the judgment of the commissioner, any
provision of this section has been violated, the
commissioner shall send notice by registered or certified
mail to the licensee, who shall be given a hearing, and, if
violation is proven, the license shall be revoked. If a
license to deal in livestock, issued to any person, firm or
corporation by another state, has been suspended or revoked
by such state within five years next preceding the date of
issuance or renewal of a license to such person, firm or
corporation under the provisions of this section, such
suspension or revocation shall constitute just cause for
revocation under this section. All dairy animals to be sold
at such auction shall be segregated from beef animals prior
to such sales. The sale of dairy animals shall precede the
sale of those assigned for slaughter. All bovines more than
three hundred pounds in weight, except dairy and breeding
animals, that are delivered to a sale shall be branded with
the letter "S" in a conspicuous place by the operator of the
sale or the operator's representative. All dairy and
breeding animals from within the state arriving at a sale
shall be from a herd that: (1) Is under state supervision
for the control of brucellosis and tuberculosis and that has
been tested for brucellosis and tuberculosis less than
fourteen months before the sale, (2) has been tested for
tuberculosis less than fourteen months before the sale and
is regularly tested under the brucellosis ring test program
of the Department of Agriculture or (3) is certified to be
brucellosis-free under the program established pursuant to
section 22-299a. All dairy and breeding animals arriving at
a sale from outside the state shall comply with section
22-304 and be accompanied by a health certificate issued by
the livestock official of the state of their origin and by a
permit from the commissioner. All animals offered for dairy
or breeding purposes over six months of age shall be
identified by an official ear tag, a tattoo or by
registration papers. All female dairy or breeding animals
over six months of age shall have been calfhood vaccinated
against brucellosis. Animals consigned for slaughter shall
be sold only to owners or agents of slaughtering
establishments and moved directly to such slaughtering
establishments for immediate slaughter. All stables and
sales rings shall be kept clean and shall be suitably
disinfected prior to each sale. The provisions of this
section shall not apply to the sale of an individual herd at
an auction conducted by the owner thereof. Any person, or
any officer or agent of any corporation, who violates any
provision of this section or who obstructs or attempts to
obstruct the Commissioner of Agriculture or the
commissioner's deputy or assistants in the performance of
their duty, shall be fined not more than two hundred dollars
or imprisoned not more than thirty days or both.
(b) Any person,
firm or corporation licensed pursuant to subsection (a) of
this section shall make, execute and thereafter maintain on
file with the Commissioner of Agriculture a bond to the
state, satisfactory to the commissioner, to secure the
performance of obligations incurred in this state or in lieu
thereof, and a bond filed with the United States Department
of Agriculture in the amount as required herein, pursuant to
the provisions of the Packers and Stockyards Act (7 USC 181
et seq.). The amount of each such bond shall be based on the
amount of one average sale of such person, firm or
corporation. One average sale shall be computed by dividing
the total yearly gross receipts from the sale of all
livestock during the preceding twelve months by the number
of sales during such time, provided the number of sales used
to compute one average sale shall not be greater than one
hundred thirty. If the amount of one average sale is ten
thousand dollars or less the amount of the bond shall be ten
thousand dollars. If the amount of one average sale is more
than ten thousand dollars but not more than twenty-six
thousand dollars, the amount of the bond shall be not less
than the next multiple of two thousand dollars above such
amount. If the amount of one average sale is more than
twenty-six thousand dollars but not more than thirty
thousand dollars, the amount of such bond shall be thirty
thousand dollars. If the amount of one average sale is more
than thirty thousand dollars, the amount of the bond shall
be not less than the next multiple of five thousand dollars
above such amount.
Sec.
22-278. Orders and regulations for control of livestock
diseases. For the purposes of this
chapter "livestock" is defined as any hooved animal raised
for domestic or commercial use.
The Commissioner of Agriculture is authorized, subject to
sections 4-168 to 4-174, inclusive, to make orders and
regulations concerning the importation, transportation,
trailing, riding, driving, exhibiting, examining, testing,
quarantining or disposing of livestock to prevent the spread
of contagious and infectious diseases among livestock and to
protect the public from such diseases as may be
transmissible to human beings, either directly or through
the products of such animals, and orders and regulations for
the conservation of livestock the products from which are
used for food or clothing. The commissioner shall give
notice of any such order to any person named therein by
leaving a copy of such order with, or at the last-known
place of abode of, such person, if a resident of the state;
if not a resident of the state, by leaving a copy with, or
at the last-known place of abode of, an agent of such
person, or the person having custody of the animals
described in such order, if within the state, or by
forwarding a copy of such order by registered or certified
mail addressed to the last-known address of the person named
therein. The commissioner, in case of emergency, may give
notice of any regulation limiting or prohibiting the
importation, transportation, trailing, riding, driving,
exhibiting or disposing of livestock on any highway by
publishing a copy of such regulation in a newspaper
published or having a substantial circulation in the town in
which the highway affected by such regulation may be
located. The commissioner shall give notice of any such
order or regulation to any common carrier named therein or
affected thereby by leaving a copy of such order or
regulation with the president, secretary or treasurer of the
company acting as common carrier, or by leaving a copy with
any person or firm acting as a common carrier, or at the
last-known residence of any such person or a member of such
firm in charge of any office of such carrier. The
commissioner is authorized to employ assistants needed to
enforce any such order or regulation. Any person or any
officer or agent of any corporation who violates any
provision of any such order or regulation, or who obstructs
or attempts to obstruct the commissioner or any assistant
engaged in the discharge of any duty hereunder, shall be
fined not more than one hundred dollars or imprisoned not
more than thirty days or both.
Sec.
22-279. Quarantine of animals. Penalties. (a) The Commissioner of Agriculture or his
deputy or authorized agents may quarantine all animals that
they have reasonable grounds to believe (1) are infected
with a communicable disease, (2) do not meet import, export
or disease testing requirements of the department or (3) are
kept under unsanitary conditions which, in the opinion of
the commissioner or his deputy or authorized agents,
endanger the public health or the health of such animals.
The quarantine may (A) prohibit or regulate the sale of such
quarantined animals and all the products of such quarantined
animals, and (B) require that such animals and the products
of such animals be confined in a place designated by the
commissioner or his deputy or authorized agents, for such
time as the commissioner judges necessary.
(b)
Any person who violates any provision of any quarantine
imposed under this section shall be fined five hundred
dollars for each day during which such violation continues,
up to a maximum fine of twenty-five thousand dollars.
Sec.
22-285. Emergency appropriations for suppression of
diseases. The Governor is authorized, in
the case of an emergency arising from the prevalence of any
contagious disease among domestic animals, to appropriate
such sum or sums as may be necessary to defray the state's
share of the expense incurred in cooperating with the
federal authorities in the suppression and extirpation of
any such disease, which cooperation by said federal
authorities is authorized under an Act of Congress approved
May 29, 1884.
Sec.
22-413. Health certification of equines. Penalty. (a) Any equine presented for public auction in
this state shall have a health certificate issued by a
veterinarian licensed pursuant to the provisions of chapter
384 and cosigned by the State Veterinarian. Such examination
shall be obtained within ten days prior to the auction and
shall be made at the expense of the owner.
(b) Any equine
presented for public auction in this state shall have a
certificate indicating a negative reaction to a coggins test
which shall be obtained within sixty days prior to such
auction.
(c) Any person
violating any provision of this section shall be fined not
less than one hundred dollars nor more than five hundred
dollars for each violation.
Sec.
22-415. Inhumane transportation of equines. Any person who carries or causes to be carried or has
the care of any equine in or attached to any vehicle or
otherwise in an unnecessarily cruel or inhumane manner, or
in a way and manner which might endanger the equine or
knowingly and willfully authorizes or permits such equine to
be subjected to unnecessary torture, suffering or cruelty of
any kind in the transporting of such equine, shall be
punished by a fine of not less than one hundred dollars nor
more than five hundred dollars. The Commissioner of
Agriculture shall adopt regulations pursuant to chapter 54
pertaining to the transportation of equines upon the
highways of Connecticut as deemed necessary to prevent the
cruel or inhumane treatment of equines.
Sec.
22-415b. Required testing for equine infectious anemia for
equines exposed to the disease.
The commissioner may require an equine to be tested for
equine infectious anemia at the expense of the owner if he
reasonably determines that such equine has been exposed to
equine infectious anemia and poses a threat to other
equines.
Sec.
22-415c. Requirements for the importation of equines into
Connecticut. Penalties. (a) Any equine imported into
the state, except as provided in subsection (c) of this
section, shall have an official interstate health
certificate and an official equine infectious anemia test
certificate which states that such equine has been
officially tested prior to being imported into the state and
found to be negative to equine infectious anemia within a
period not exceeding twelve months prior to the date of
entry. Such certificates shall include the name and address
of the owner, trainer or person responsible for the equine;
the name and registration number of the equine, if any; and
the age, breed, sex, color and positive identifying marks or
scars of the equine, including a complete description of
such marks or scars.
(b) If an equine
does not have the equine infectious anemia certificate
required by subsection (a) of this section or if the State
Veterinarian or his agent determines that such a certificate
does not properly or accurately describe an equine, the
State Veterinarian or his agent may require the equine to be
held at an area approved by him and retested at the expense
of the owner or be removed from the state.
(c) Any equine
which does not have an official equine anemia test
certificate may be shipped into the state for immediate
slaughter in accordance with section 22-272a. Any equine
which tested positive to equine infectious anemia on an
official test may be shipped into the state for research
purposes or immediate slaughter in accordance with said
section after first obtaining a special permit from the
State Veterinarian.
(d) Any person who
violates any provision of this section shall be fined not
more than five hundred dollars for each violation. Any
equine which does not have a valid interstate health
certificate shall be immediately quarantined and the State
Veterinarian shall order whatever tests necessary to
determine the health of such equine. All costs associated
with any such quarantine as well as any tests conducted
shall be paid by the owner of such equine.
Sec.
22-126. Entry of horse for purse; fraudulent concealment of
record; penalty. No person shall enter or cause
to be entered for competition for any purse, prize, premium,
stake or sweepstakes, offered or given by any agricultural,
trotting or other society, association or person in this
state, any horse, mare, gelding, colt or filly under a false
or assumed name, or out of its proper class, if such prize,
purse, premium, stake or sweepstakes is to depend upon and
be decided by a contest of speed. The class to which any
such animal is deemed to belong, for the purpose of entry in
any such contest of speed, or the class to which any owner,
keeper or driver of any such animal has the right to
nominate or enter it, shall be determined by some public
performance of such animal in a former contest or trial of
speed, as provided by the written or printed rules of the
society or association under which the proposed contest is
advertised to be conducted. Any person who knowingly
misrepresents or fraudulently conceals the public
performance of a horse, mare, gelding, colt or filly in any
former contest or trial of speed for the purpose of securing
an entry in any contest referred to in this section, or who
violates any other provision of this section, shall be fined
not more than one thousand dollars or imprisoned not more
than three years or both.
Sec.
22-26f. State Veterinarian.
(a) There shall be a State Veterinarian who shall be an
employee of the Department of Agriculture and shall serve as
the chief livestock health official for the state.
(b) The State
Veterinarian shall possess and retain during employment a
license to practice veterinary medicine in this state. The
State Veterinarian shall possess and retain federal
accreditation in this state through the United States
Department of Agriculture Animal and Plant Health Inspection
Service and shall have not less than seven years experience
in large animal practice.
(c) The State
Veterinarian shall (1) act as the official state
epidemiologist for animal and poultry diseases, (2)
coordinate state and federal governmental agencies and
livestock and poultry producers to control diseases, and (3)
administer and guide the development and management of
disease control and eradication programs performed by the
department. The State Veterinarian shall act as liaison with
other units in the department, other state agencies and
other officials regarding policies concerning disease
control and cruelty to animals and shall supervise the
quarantine and disposal of animals and poultry condemned
because of disease.
(d) The State
Veterinarian may issue orders to prevent the spread of
contagious and infectious diseases among animals and poultry
and may protect the public from such diseases as may be
transmissible to human beings, either directly or through
the products of such animals.
(e)
The State Veterinarian shall annually issue a list of
reportable animal and avian diseases and reportable
laboratory findings and amend such list as the State
Veterinarian deems necessary. The State Veterinarian shall
distribute such list as well as any necessary forms and
instructions for use in the reporting of such diseases to
each veterinarian licensed in this state and to each
diagnostic laboratory that conducts tests on animals or
birds in this state.
Sec.
14-248b. Livestock crossing paths. Right-of-way. (a) The traffic authority, as
defined in section 14-297, shall have power to designate, by
appropriate devices or markers or by lines upon the surface
of the highway, such crossing paths and intersections as, in
its opinion, constitute an especial danger to guided cattle
or other livestock crossing the highway including, but not
limited to, specially marked crossing paths in the vicinity
of farms which shall have distinctive markings, in
accordance with the regulations of the State Traffic
Commission, to denote use of such crossing paths by guided
cattle or other livestock.
(b)
Persons guiding cattle or other livestock across the highway
shall yield the right-of-way to any authorized emergency
vehicle, as defined in section 14-1, approaching such person
and emitting any audible signal or displaying or making any
visual signal reasonably indicating that such vehicle is
being operated in an emergency situation. Nothing in this
subsection shall be construed to relieve the driver of such
an authorized emergency vehicle from any duty to drive with
due regard for the safety of all persons using the highway
or from the duty to exercise due care to avoid colliding
with any person, cattle or other livestock. Each operator of
a motor vehicle shall grant the right-of-way and slow or
stop such vehicle if necessary to grant the right-of-way, to
any person guiding cattle or other livestock across the
roadway within a crossing path. No operator of a vehicle
approaching from the rear shall overtake and pass any
vehicle the operator of which has stopped at any crossing
path marked, as provided in subsection (a) of this section,
to permit guided cattle or other livestock to cross the
roadway. A violation of this subsection shall be an
infraction.
Sec.
14-293a. Riding animals on highways. Any person who rides any horse or other animal upon a
public highway shall conform to the provisions of this
chapter and chapter 249, unless such provisions clearly do
not apply from the language or context or such application
would be inconsistent with the manifest intention of the
statutes. The fines established in accordance with section
51-164m for violations of the provisions of this chapter and
chapter 249, with respect to a motor vehicle, shall apply if
the same violation of a provision is committed in the riding
of a horse or other animal.
Sec. 14-293b.
Responsibilities of motor vehicle operators when approaching
equestrians. The Commissioner of Motor
Vehicles shall adopt regulations in accordance with the
provisions of chapter 54 specifying the responsibilities of
an operator of a vehicle when approaching a person riding a
horse on a public highway, which responsibilities shall
include, but not be limited to, the obligation to reduce
speed appropriately or to stop, if necessary, to avoid
endangering the equestrian or frightening or striking the
horse. A statement concerning such responsibilities shall be
printed in the instruction manual for motor vehicle
operation at the time of the next revision of such manual.
Sec.
22-26cc. State acquisition of development rights to
agricultural land. Program established. Joint ownership by
the state and a town. Assistance of nonprofit organization.
State acquisition of right to construct residence or farm
structure.
(a) There is established within the Department of
Agriculture a program to solicit, from owners of
agricultural land, offers to sell the development rights to
such land and to inform the public of the purposes, goals
and provisions of this chapter. The commissioner, with the
approval of the State Properties Review Board, shall have
the power to acquire or accept as a gift, on behalf of the
state, the development rights of any agricultural land, if
offered by the owner. Notice of the offer shall be filed in
the land records wherein the agricultural land is situated.
If ownership of any land for which development rights have
been offered is transferred, the offer shall be effective
until the subsequent owner revokes the offer in writing. The
state conservation and development plan established pursuant
to section 16a-24 shall be applied as an advisory document
to the acquisition of development rights of any agricultural
lands. The factors to be considered by the commissioner in
deciding whether or not to acquire such rights shall
include, but not be limited to, the following: (1) The
probability that the land will be sold for nonagricultural
purposes; (2) the current productivity of such land and the
likelihood of continued productivity; (3) the suitability of
the land as to soil classification and other criteria for
agricultural use; (4) the degree to which such acquisition
would contribute to the preservation of the agricultural
potential of the state; (5) any encumbrances on such land,
(6) the cost of acquiring such rights and (7) the degree to
which such acquisition would mitigate damage due to flood
hazards. Ownership by a nonprofit organization authorized to
hold land for conservation and preservation purposes of land
which prior to such ownership qualified for the program
established pursuant to this section shall not be deemed to
diminish the probability that the land will be sold for
nonagricultural purposes. After a preliminary evaluation of
such factors by the Commissioner of Agriculture, he shall
obtain and review one or more fee appraisals of the property
selected in order to determine the value of the development
rights of such property. The commissioner shall notify the
Department of Transportation, the Department of Economic and
Community Development, the Department of Environmental
Protection and the Office of Policy and Management that such
property is being appraised. Any appraisal of the value of
such land obtained by the owner and performed in a manner
approved by the commissioner shall be considered by the
commissioner in making such determination. The value of
development rights for all purposes of this section shall be
the difference between the value of the property for its
highest and best use and its value for agricultural purposes
as determined by the commissioner. The use or presence of
pollutants or chemicals in the soil shall not be deemed to
diminish the agricultural value of the land or to prohibit
the commissioner from acquiring the development rights to
such land. The commissioner may purchase development rights
for a lesser amount provided he complies with all factors
for acquisition specified in this subsection and in any
implementing regulations. In determining the value of the
property for its highest and best use, consideration shall
be given but not limited to sales of comparable properties
in the general area, use of which was unrestricted at the
time of sale.
(b) Upon the
acquisition by the commissioner of the development rights of
agricultural land, said commissioner shall cause to be filed
in the appropriate land records and in the office of the
Secretary of the State a notice of such acquisition which
shall set forth a description of the agricultural land as
will be sufficient to give any prospective purchaser of such
agricultural land or creditor of the owner thereof notice of
such restriction. Upon the filing as aforesaid of the
notice, the owner of such agricultural land shall not be
permitted to exercise development rights with respect to
such land, and such development rights shall be considered
and deemed dedicated to the state in perpetuity except as
hereinafter provided. If restricted land is to be sold, the
former owner shall notify, in writing, the commissioner of
such impending sale not more than ninety days before
transfer of title to the land and shall provide him with the
name and address of the new owner.
(c)
The commissioner shall have no power to release such land
from its agricultural restriction, except as set forth in
this subsection. The commissioner, in consultation with the
Commissioner of Environmental Protection and such advisory
groups as the Commissioner of Agriculture may appoint, may
approve (1) a petition by the owner of the restricted
agricultural land to remove such restriction provided such
petition is approved by resolution of the legislative body
of the town or (2) a petition by the legislative body of the
town in which such land is situated to remove such
restriction provided such petition is approved in writing by
said owner. Upon approval of such a petition by the
commissioner, the legislative body of the town shall submit
to the qualified voters of such town the question of
removing the agricultural restriction from such land or a
part thereof, at a referendum held at a regular election or
a special election warned and called for that purpose. In
the event a majority of those voting at such referendum are
in favor of such removal, the restriction shall be removed
from the agricultural land upon filing of the certified
results of such referendum in the land records and the
office of the Secretary of the State, and the commissioner
shall convey the development rights to such owner provided
such owner shall pay the commissioner an amount equal to the
value of such rights. Such petition shall set forth the
facts and circumstances upon which the commissioner shall
consider approval, and said commissioner shall deny such
approval unless he determines that the public interest is
such that there is an overriding necessity to relinquish
control of the development rights. The commissioner shall
hold at least one public hearing prior to the initiation of
any proceedings hereunder. The expenses, if any, of the
hearing and the referendum shall be borne by the petitioner.
In the event that the state sells any development rights
under the procedure provided in this subsection, it shall
receive the value of such rights.
(d) Whenever the
commissioner acquires the development rights of any
agricultural land and the purchase price of such development
rights is ten thousand dollars or more, said commissioner
and the owner of such land may enter into a written
agreement which provides for the payment of the purchase
price in two or three annual installments, but no interest
shall be paid on any unpaid balance of such purchase price.
(e) Whenever the
commissioner acquires the development rights to any
agricultural land, and any municipality in which all or part
of the land is situated paid a part of the purchase price
from a fund established pursuant to section 7-131q, such
municipality and the state may jointly own the development
rights, provided joint ownership by such municipality shall
be limited to land within its boundaries. The land may be
released from its agricultural restriction in accordance
with the provisions of subsection (c) of this section. The
commissioner shall adopt regulations in accordance with the
provisions of chapter 54 establishing procedures for the
joint acquisition of development rights to agricultural
land.
(f) The acquisition
of the development rights to any agricultural land by the
commissioner shall not be deemed to be ownership of such
land and the state shall not be liable for pollution or
contamination of such land and no person may bring a civil
action against the state for damages resulting from
pollution or contamination of such agricultural land.
(g) The commissioner
may issue a letter of intent requesting the assistance of a
nonprofit organization, as defined in subsection (c)(3) of
Section 501 of the United States Internal Revenue Code, in
acquiring the development rights to certain agricultural
land. If such organization acquires such rights it may sell
them to the commissioner based on a purchase agreement. Such
agreement may include reimbursement for reasonable expenses
incurred in the acquisition of the rights as well as payment
for the rights.
(h) In addition to
development rights, the commissioner may acquire or accept
as a gift the rights of the owner to construct any
residences or any farm structures on agricultural land.
The
Commissioner of Agriculture, pursuant to any cooperative
agreement with the United States Department of Agriculture
for the disbursement of funds under federal law, may require
that any property to which rights are acquired under this
section with such funds shall be managed in accordance with
a conservation plan which utilizes the standards and
specifications of the Natural Resources Conservation Service
field office technical guide and is approved by such
service. Any instrument by which the commissioner acquires
such rights and for which any such funds are used may
provide for a contingent right in the United States of
America in the event that the state of Connecticut fails to
enforce any of the terms of its rights acquired under this
section which failure shall be determined by the United
States Secretary of Agriculture. Such contingent right shall
entitle the secretary to enforce any rights acquired by the
state under this section by any authority provided under
law. Such instrument may provide that such rights shall
become vested in the United States of America in the event
that the state of Connecticut attempts to terminate,
transfer or otherwise divest itself of any such rights
without the prior consent of the United States Secretary of
Agriculture and payment of consideration to the United
States and may further provide that title to such rights may
be held by the United States of America at any time at the
request of the United States Secretary of Agriculture. In
connection with such an agreement, the commissioner may hold
the United States harmless from any action based on
negligence in the procurement or management of any rights
acquired under this section and may assure that proper title
evidence is secured, that the title is insured to the amount
of the federal cost paid for the interest of the United
States of America and that, in the event of a failure of
title, as determined by a court of competent jurisdiction,
and payment of insurance to the state, the state will
reimburse the United States for the amount of the federal
cost paid.
CHP 246
Sec.
14-96m. Farm tractors and equipment.
(a) Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry shall at all times
mentioned in subsection (a) of section 14-96a be equipped
with two single-beam or multiple-beam head lamps meeting the
requirements of section 14-96t, at least two red lamps
visible when lighted from a distance of not less than one
thousand feet to the rear and at least two red reflectors
visible from all distances within six hundred feet to one
hundred feet to the rear when directly in front of lawful
upper beams of head lamps.
(b)
Every combination of farm tractor and towed farm equipment
or towed implement of husbandry shall at all times mentioned
in subsection (a) of section 14-96a be equipped with lamps
as follows: (1) The farm tractor element of every such
combination shall be equipped as required in subsection (a)
of this section. (2) The towed unit of farm equipment or
implement of husbandry element of such combination shall be
equipped on the rear with two red lamps visible when lighted
from a distance of not less than one thousand feet to the
rear, and two red reflectors visible to the rear from all
distances within six hundred feet to one hundred feet to the
rear when directly in front of lawful upper beams of head
lamps. (3) Such combinations shall also be equipped with a
lamp displaying a white or amber light, or any shade of
color between white and amber, visible when lighted from a
distance of not less than one thousand feet to the front.
This lamp shall be so positioned as to indicate, as nearly
as practicable, the extreme left projection of the
combination carrying it.
(c)
The two red lamps and the two red reflectors required in
subsections (a) and (b) of this section on a self-propelled
unit of farm equipment or implement of husbandry or
combination of farm tractor and towed farm equipment shall
be so positioned as to show from the rear as nearly as
practicable the extreme width of the vehicle or combination
carrying them.
(d)
Failure to have lamps as required of this section shall be
an infraction.
Sec.
14-96n. General lighting requirements. (a)
Every vehicle, including animal-drawn vehicles,
not specifically required by the provisions of sections
14-96a to 14-96aa, inclusive, to be equipped with lamps or
other lighting devices, shall, at all times specified in
subsection (a) of section 14-96a, be equipped with at least
one lamp displaying a white light visible from a distance of
not less than one thousand feet to the front of such
vehicle, and shall also be equipped with two lamps
displaying red light visible from a distance of not less
than one thousand feet to the rear of said vehicle, or, as
an alternative, one lamp displaying a red light visible from
a distance of not less than one thousand feet to the rear
and two red reflectors visible from all distances between
six hundred and one hundred feet to the rear when
illuminated by the upper beams of head lamps.
(b) Each person
driving or leading any animal on any public highway from
one-half hour after sunset until one-half hour before
sunrise shall carry a light, which shall be so displayed as
to be visible a distance of two hundred feet both in front
and at the rear of such animal.
(c) Failure to carry
lighting devices as required by this section shall be an
infraction.
CHP 384
Veterinary
Medicine
Sec.
20-197. License required. Practice defined.
No person shall practice veterinary medicine, surgery or
dentistry until he has obtained a license as provided in
section 20-199. A person shall be construed to practice
veterinary medicine, surgery or dentistry, within the
meaning of this chapter, who holds himself out as being able
to diagnose, administer biologics for, treat, operate or
prescribe for any animal or bird disease, pain, injury,
deformity or physical condition, or who either offers or
undertakes, by any means or methods, to diagnose, administer
biologics for, treat, operate or prescribe for any animal or
bird disease, pain, injury, deformity or physical condition.
The euthanizing of animals in accordance with applicable
state and federal drug laws by the Connecticut Humane
Society, the floating of teeth in horses by persons
experienced in that practice and the performance of
myofascial trigger point therapy by persons experienced in
that practice shall not be deemed to be the practice of
veterinary medicine. For the purposes of this section,
"floating teeth" means using hand-held rasps to reduce or
eliminate sharp or uneven edges on a horse's upper and lower
molars to avoid injury to the tongue and cheeks and to
improve chewing food, but does not include treating decay,
tumors or extracting teeth. For purposes of this section,
"myofascial trigger point therapy" means the use of specific
palpation, compression, stretching and corrective exercise
for promoting optimum athleticism, and "persons experienced
in that practice" means persons who, prior to October 1,
2003, have attended a minimum of two hundred hours of
classroom, lecture and hands-on practice in myofascial
trigger point therapy, including animal musculoskeletal
anatomy and biomechanics, theory and application of animal
myofascial trigger point techniques, factors that habituate
a presenting condition and corrective exercise.
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