The dispositive issues in this appeal and cross appeal are: (1) whether the list of prohibited felidae in General Statutes § 26-40a
“On February 16, 1992, the DEP, under the authority of a warrant secured after the defendant attempted to sell the three cats, removed the animals from the defendant’s premises and placed them in the care of Elaine Burk, an expert in the field of felidae
“The trial court found that the defendant possessed potentially dangerous animals in violation of General Statutes § 26-40a. Specifically, the trial court found that the state proved beyond a reasonable doubt that (1) the defendant possessed a bobcat, a jungle cat and a bengal cat, (2) the defendant did not qualify for an exemption from General Statutes § 26-40a, (3) the list in General Statutes § 26-40a is nonexclusive and serves only as an example of dangerous felidae, (4) the bobcat, whether hybrid or not, is specifically included on the list, (5) the jungle cat and the bengal cat are included on the list as they are of a type similar to those set forth in the list, (6) General Statutes § 26-40a is not void for vagueness, and (7) the license for the rabbit given under the Animal Wеlfare Act to the defendant by the USDA does not preempt General Statutes § 26-40a. Thus, the trial court found the defendant guilty on all three counts and fined her $25.00 on each count.” State v. DeFrancesco,
An appeal to the Appellate Court followed. The defendant presented two issues. First, she claimed that
Second, the defendant claimed that the trial court had improperly convicted her “because the animals [that she possessed] are not specifically listed in the statute or, in the alternative, the statute is unconstitutionally vague as applied in this case.” Id., 747. The Appellate Court first discussed the defendant’s bobcat.
The Appellate Court further concluded that § 26-40a is not -unconstitutionally vague as applied to this hybrid bobcat. The Appellate Court reasoned that “[b]ecause the statute specifically prohibits bobcats, a person of ordinary intelligence has a reasonable opportunity to know that the possession of a hybrid bobcat is prohibited.” Id., 749. Furthermore, the statute provides a stan
In contrast, the Appellate Court concluded that neither the plain language nor the legislative history of § 26-40a clearly indicates that the legislature intended that the statute apply to jungle cats and bengal cats. The court reasoned that because the term “include” can be used as either a word of enlargement or a wоrd of limitation, the plain language of the statute is unclear. In addition, the court stated that the “legislative history fails ... to provide guidance as to whether the statutory prohibition applies to the listed felidae only, to the listed felidae and all other potentially dangerous felidae species, or to the listed felidae and all other potentially dangerous felidae regardless of species.” Id., 750. The court held, therefore, that because the statute fails to inform a person of ordinary intelligence whether the prohibition applies to an animal’s species or to a particular animal’s behavior, possessors of jungle cats and bengal cats are not warned that their possession of these cats violates the statute. Moreover, the statute does not provide guidance to law enforcement officials. Id., 750-51. Thus, the court held that § 26-40a is unconstitutionally vague as applied to the jungle cat and the bengal cat and reversed the convictions pertaining to those two cats. Id., 751.
We granted the state’s petition for certification to decide whether the Appellate Court had improperly determined that § 26-40a is unconstitutionally vague as
I
In order to decide whether § 26-40a is unconstitutionally vague as applied to the facts of this case, we must first consider whether the list of felidae in § 26-40a is exclusive. In other words, we must determine whether the legislature intended for the felidae listed in the statute to be the sole felidae the possession of which is prohibited or whether the legislature intended the list to serve merely as an example of the types of felidae that are considered potentially dangerous such that the possession of other species of felidae with characteristics similar to those named in the statute is also prohibited.
“The purpose of statutory construction is to give effect to the intended purpose of the legislature. Dos Santos v. F.D. Rich Construction Co.,
Where the plain language of a statute is ambiguous, “we must ascertain the intent of the legislature by examining the language of the statute, its legislative history and the purpose the statute is to serve.” State v. White, supra,
The state argues thаt the interpretation of § 26-40a proposed by the defendant would lead to absurd results. It points out that if the list of felidae were exclusive, the possession of many animals that we all would agree are potentially dangerous would not be prohibited. For example, if we were to read the list as exclusive, the possession of a tiger would not be prohibited because a tiger is not included in the list. We agree that this is an absurd and bizarre result. It would be nonsensical to envision the legislature prohibiting possession of animals such as lions and leopards, but permitting possession of animals such as tigers and panthers that are equally potentially dangerous.
Furthermore, it is a basic tenet of statutory construction that “no part of a legislative enactment is to be treated as insignificant or unnecessary, and there is a presumption of purpose behind every sentence, clause or phrase . . . and no word in a statute is to be treated as superfluous.” (Citation omitted; internal quotation marks omitted.) State v. Anderson,
Additionally, our conclusion is supported by the doctrine of ejusdem generis. According to this doctrine, “unless a contrary intent appears, where general terms are followed by specific terms in a statute, the general terms will be construed to embrace things of the same general kind or character as those specifically enumerated.” Scrapchansky v. Plainfield, supra,
The legislative history of § 26-40a supports our conclusion that the list of prohibited felidae is not exclusive. That history clearly indicates that this statute was enacted to address concerns about the danger being posed to the general public as a result of the growing number of Connecticut rеsidents possessing wild animals. 12 S. Proc., Pt. 3, 1967 Sess., p. 1512; 12 H.R. Proc., Pt. 6, 1967 Sess., p. 2553. Because the purpose
Finally, we are instructed by Pinto v. Dept. of Environmental Protection, United States District Court, District of Connecticut, Docket No. B-87-523 (March 24, 1988), in which the District Court, in deciding whether
Having concluded that § 26-40a is not exclusive, we must next decide whether bobcats, bengal cats, and jungle cats are prohibited by the statute. We conclude that their possession is prohibited. Although the trial court never made a definitive finding as to whether the defendant’s bobcat is a purebred or a hybrid, because a purebred is clearly prohibited by the statute, we will analyze the question, as did the Appellate Court, as if the defendant’s bobcat were a hybrid. We agree with the Appellate Court that possession of a hybrid bobcat is prohibited. Section 26-55-2 of the Regulations of Connecticut State Agencies
Furthermore, jungle cats and bengal cats
II
The next issue that we must decide is whether § 26-40a is unconstitutionally vague as applied to the facts of this case. “[I]n evaluating [a] defendant’s challenge to the constitutionality of [a] statute, we read the statute narrowly in order to save its constitutionality, rather than broadly in order to destroy it. ‘We will indulge in every presumption in favor of the statute’s constitutionality . . . .’ State v. Floyd,
The vagueness doctrine essentially requires that statutes provide fair warning or notice of the conduct that is prohibited and establish minimum guidelines to govern law enforcement. State v. Indrisano, supra,
In addition, “ ‘if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory applications.’ Grayned v. Rockford, [
In determining whether a statute is unconstitutionally vague, “we take into account any prior interpretations that this court, our Appellate Court and the Appellate Session of the Superior Court have placed on the statute.” State v. Indrisano, supra,
The standard that we apply in determining whether a statute is unconstitutionally vague is influenced by
In this case, the defendant challenges the constitutionality of § 26-40a as it applies to the particular facts of this case.
Mindful of this defendant’s heightened knowledge of exotic cats and our conclusion that the list of prohibited cats in § 26-40a is not exclusive,
We agree with the Appellate Court that § 26-40a sufficiently warned and notified the defendant that possession of a hybrid bobcat was prohibited. Section 26-55-2 classifies a hybrid bobcat as a wild bobcat and § 26-40a clearly prohibits bobcats. In addition, the defendant has heightened knowledge of bobcats that stems from her experience with handling them, her contact with breeders and her access to literature on bobcats. The combination of these factоrs provided adequate warning to this defendant that possession of a hybrid bobcat
We disagree with the Appellate Court that the statute is unconstitutionally vague as applied to bengal and jungle cats. Both the state’s expert witness; see footnote 20; and the trial court’s findings indicate that bengal and jungle cats are potentially dangerous in that they “аre similar in type, disposition, and species” to those felidae listed in the nonexclusive statute. In addition, because the defendant has owned various cats in the past, including jungle cats, has worked with breeders to buy and sell cats, and reads numerous publications pertaining to these cats, she must be deemed to be aware of the characteristics of these animals. Therefore, we conclude that this defendant was adequately warned and notified that either her cats are prohibited or that, at a minimum, she should have inquired further to determine if they are prohibited. The defendant did not need to guess at the meaning of the statute. She simply had to compare the cats that she owned to those listed in
Furthermore, the statute provides adequate guidance to law enforcement officials. Id., 362. The statute creates standards that will avoid arbitrary and discriminatory enforcement. The statute applies only to potentially dangerous felidae and provides a list of examples of such potentially dangerous felidae to which law enforcement officials can compare other felidae, such as bengal and jungle cats, to determine if a cat that is not named in the statute is similar to one that is named. Therefore, the statute is not unconstitutionally vague as applied to bengal and jungle cats.
The judgment of the Appellate Court affirming the defendant’s conviction of possession of a potentially dangerous animal under § 26-40a with respect to the bobcat is affirmed; the judgment of the Appellate Court reversing the defendant’s conviction of possession of a potentially dangerous animal under § 26-40a with respect to the bengal and jungle cats is reversed, and the case is remanded to that corut with direction to affirm the judgment of the trial court pertaining to those two cats.
In this opinion the other justices concurred.
Notes
General Statutes § 26-40a provides: “Possession of potentially dangerous animals. For the purposes of this section, the following shall be considered as potentially dangerous animals: The felidae, including the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat; the canidae, including the wolf and coyote; and the ursidae, including 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. Any person who violates any provision of this section shall be fined not more than one hundred dollars for each offense. 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 or to persons possessing animals legally on or before May 23, 1983.” (Emphasis added.)
“Burk testified that felidae is the family of the felines that includes all members of the cat family.” State v. DeFrancesco,
“Burk testified that, in her opinion, this bobcat is a full-blooded bobcat. The defendant contends that the bobcat is a hybrid, a cross between a
“The defendant introduced evidence rebutting the state’s еvidence of the potentially dangerous tendencies of the animals.” State v. DeFrancesco,
See footnote 1.
The defendant argued that “the definition of ‘zoo’ should be ‘any park, building, cage, enclosure, or other structure or premise in which a live animal or animals are kept for public exhibition or viewing, regardless of compensation.’ See 9 C.F.R. § 1.1 (1993).” State v. DeFrancesco, supra,
“The dictionary definition of ‘zoo’ is a ‘collection of living animals usually for display.’ Webster’s Third New International Dictionary.” State v. DeFrancesco, supra,
As we have stated many times, a reviewing court examines the findings of fact made by a trial court solely to determine whether the trial court’s determination was clearly erroneous. State v. Zarick,
“When we interpret statutes ... we accord great deference to the construction given to a statute by the agency charged with its enforcement. Crochiere v. Board of Education,
General Statutes § 26-55 provides: “Permit for importing, possessing or liberating fish, wild birds, wild quadrupeds, reptiles and amphibians. No person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild quadruped, reptile or amphibian unless such person has obtained a permit therefor from the commissioner. Such permit may be issued at the discretion of the commissioner under such regulations as he may prescribe. The commissioner may by regulation prescribe the numbers of live fish, wild birds, wild quadrupeds, reptiles and amphibians of certain species which may be imported, possessed, introduced into the state or liberated therein. The commissioner may by regulation exempt certain species or groups of live fish from the permit requirements. He may by regulation determine which species of wild birds, wild quadrupeds, reptiles and amphibians must meet permit requirements. He may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which he has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, quadrupeds, reptiles or amphibians. The commissioner may by regulation exempt from permit requirements organizations or institutions such as zoos, research laboratories, colleges or universities, public nonprofit aquaria or nature centers where live fish, wild birds, wild quadrupeds, reptiles and
Section 26-55-2 of the Regulations of Connecticut State Agencies provides in relevant part: “Importation of birds and quadrupeds.
“(a) No person shall import or introduce into the state or possess or liberate therein without a permit, any live wild birds or any of the following wild quadrupeds: those on the threatened or endangered species list; and those in the family Castoridae, beavers; in the family Canidae, foxes; in the family Mustelidae, fisher, otter, mink, martens; in the family Cervidae, sika and white tailed deer; in the family Capromydae, nutria; or any wild hare or rabbit in the family Leporidae except as provided in Section 26-56 of the General Statutes as amended. For the purposes of this Section, a bird or quadruped which results from, the crossbreeding of any animal with one of the species listed above in this subsection or in Section 26-40a of the General Statutes as amended shall be considered to be a wild bird or quadruped of that species, and the egg of any wild bird shall be considered a wild bird of that species.” (Emphasis added.)
We granted certification on July 21, 1994, limited to the following issuе: “Did the Appellate Court properly reverse the defendant’s convictions for possession of a jungle cat and a bengal cat on the ground that General Statutes § 2640a was unconstitutionally vague as applied to the facts of this case?” State v. DeFrancesco,
We granted certification on December 12,1994, limited to the following issue: “Did the Appellate Court properly affirm the defendant’s conviction for possession of a hybrid bobcat on the ground that General Statutes § 26-40a was not unconstitutionally vague as applied to the facts of this case?” State v. DeFrancesco,
We note that the Appellate Court recognized a third plausible interpretation of this statute, namely, that the statute prohibits possession of those felidae that are listed and also prohibits possession of those individual felidae that are determined by a trial сourt to be potentially dangerous. Because, however, both parties agree that the statute is species-based and not individual cat-based, we need not address this issue.
See footnote 1.
General Statutes (Rev. to 1989) § 17-206b provides: “No patient hospitalized or treated in any public or private facility for the treatment of the mentally disordered shall be deprived of any personal, property or civil rights, including the right to vote, hold or convey property, and contract, except in accordance with due process of law, and unless he has been declared incompetent pursuant to chapter 779. Any finding of incompetency shall specifically state which civil or personal rights the patient is incompetent to exercise.” Section 17-206b has been transferred to General Statutes § 17a-541.
See fоotnote 11. Although this regulation specifically applies to General Statutes § 26-55, that section and § 26-40a are part of a common regulatory scheme to control the possession of wild animals. Section 26-55 applies generally in that it requires a permit in order to possess a wild quadruped. See footnote 10. Section 26-40a limits this general provision by prohibiting the possession of a subcategory of wild animals, namely potentially danger
At oral argument in this court, the defendant claimed that the regulation is irrational. Because she failed to brief this issue, however, we do not consider it State v. Cavallo,
The state and the defendant agreed at trial that a bengal cat is inherently a hybrid of a leopard cat and a domestic cat, although the trial court did not explicitly find that fact. Furthermore, we note thatleopard cat is synonymous with ocelot; Webster’s Third New International Dictionary; which is specifically named in the statute. Assuming that the bengal cat is a hybrid, therefore, we apply the same reasoning as with bobcats and conclude that possession of a bengal cat is prohibited by § 26-40a because it is essentially a cross between an ocelot and a domestic сat.
The state’s expert witness, Elaine Burk, testified as to the potentially dangerous nature of the bobcat, jungle cat and bengal cat. She testified that “[a] Bobcat is an animal that ranges on the average, from 20 up to as large as 45 pounds. It’s an animal that’s been documented in Massachusetts during winter time to take down deer. I have worked with Bobcats for a number of years. I have not come away without a few scars of my own. Concerning
The parties agree that § 26-40a does not interfere with constitutionally protected rights. See Nicchia v. New York,
In addition, the constitutionality of a statute can be challenged for facial vagueness. In such a situation, the challenger must prove that the statute is vague in all of its possible applications. “A statute that is impermissibly vague in all its applications is vague, not in the sense that it requires a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all. . . . Such a provision simply has no core. (Citations omitted; emphasis in original.) Smith v. Goguen,
The defendant had sufficient notice and warning that § 26-40a is not exclusive by the combination of (a) the holding by Judge Cabranes in Pinto v. Dept. of Environmental Protection, supra, Docket No. B-87-523 (D. Conn. March 24, 1988), that § 26-40a includes other potentially dangerous animals that are not specifically listed in § 26-40a, (b) the conspicuous absence of many potentially dangerous animals from the stаtute, such as tigers, and (c) the defendant’s specialized knowledge of the character of these animals. See State v. Proto, supra,
Similarly, if we assume that a bengal cat is a hybrid of an ocelot and a domestic cat; see footnote 19; the defendant had sufficient notice that a bengal is prohibited because ocelot is named in § 26-40a, § 26-55-2 of the Regulations of Connecticut State Agencies classifies a hybrid as a wild animal, and § 26-40a is not exclusive. See footnote 23.
We note that the defendant, whose burden it is to prove the statute unconstitutional beyond a reasonable doubt; Moore v. Ganim,
