The text
Footnotes:
--- (1) --- Cross reference— Environment, ch. 10; noise from animals and birds, § 10-47; health and sanitation, ch. 13; rat control, § 13-106 et seq.; hunting prohibited, § 17-7.
State Law reference— Animals generally, G.L. 1956, title 4.
ARTICLE I. - IN GENERAL#
Sec. 6-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate food means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish or container.
Adequate water means the constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.
Animal control officers means the persons employed by the town as its enforcing officers for the purpose of the enforcement of the town's municipal ordinances, and any state laws relating to the licensing of dogs, control of dogs, seizure and impoundment of dogs and the implementation of the state rabies mandates as set forth by the state rabies control board.
Animal shelter means the facility designated by action of the town administrator for the purpose of impounding and caring for, in a humane manner, any dog that is found running at large in violation of this chapter, or any dog or cat seized for the purpose of quarantine, as set forth by the state's rabies control board.
Back yard feeder cats means any feline which, while maintained, fed and/or harbored by any individual, partnership, firm, corporation or other legal entity maintains, by parentage and upbringing, the traits and characteristics of a feral cat.
Dog means a domesticated canine, and shall include both the male and female of the species.
Domestic cat means any cat which, by upbringing, is tame and adapted to and totally dependent upon human living conditions.
Enclosure means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping from the enclosure.
Feral cat means any feline, which by limited or no exposure to humans, react and act as any wild animal, and do not depend upon humans for their primary source of food.
Impounded means the taking into custody of a dog by an officer of the town.
Owner means any person owning, keeping, maintaining, or harboring dogs or cats, and/or has any dog or cat in his care or control, or who acts as its custodian, and any person who has, or permits, dogs or cats to remain on or about any premises owned and/or occupied by such person.
Rabies target species means any raccoon, skunk, fox, bat, woodchuck or any carnivorous wild animal.
Restraint means a dog confined within a vehicle, confined within the property limits of its owner or on a leash under the control of a competent person. A dog is not considered confined if it can escape from the property limits due to open windows or doors or if fences are not properly maintained or of a sufficient height.
Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health and well-being.
Vicious dog (as used in sections 6-101 and 6-102) means: (1)
Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places;
(2)
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or to otherwise endanger the safety of human beings or domestic animals;
(3)
Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(4)
Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting.
No dog may be declared vicious if an injury or damage is sustained by a person, who, at the time that injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time that injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
(Code 1972, § 4-5; Ord. No. 2001-32, 10-24-01)
Cross reference— Definitions generally, § 1-2.
Sec. 6-2. - Animals at large.#
No cattle, sheep, goats, swine, horses, rabbits and domestic fowl shall be at large, loose or unfastened in any public street or highway or elsewhere in the town, and every owner of any such animal found at large shall be guilty of a violation of this chapter.
(Code 1972, § 4-1)
Sec. 6-3. - Registration of bovine, horses, livestock, rabbits and domestic fowl required.#
The owner, harborer and/or keeper of any cattle, sheep, goats, swine, horses, rabbits and domestic fowl housed, kept or boarded within the town must register with the town police department/division of animal control. Registration information must include the name, address and phone number of the owner, emergency contact name and phone number location where the animals are housed and the number of, and type of, animals kept.
(Code 1972, § 4-1.1)
Sec. 6-4. - Cleanliness and sanitation of premises where animals and fowl kept.#
The owner or person in control of any building or premises in which cows, goats, sheep, swine, poultry, horses and/or rabbits are maintained shall keep the building and premises clean and free from decaying food, dirt, water and fecal matter. Buildings and pens shall be whitewashed and disinfected and put in such sanitary conditions as may be ordered by the animal control officer.
(Code 1972, § 4-2)
Sec. 6-5. - Feeding of birds, domestic animals.#
(a)
No person shall place food in the open for the feeding of any domesticated fowl, bird or animal, except in such containers as will prevent the scattering of such food upon the ground. After such feeding, such food shall not be allowed where it is accessible to rats.
(b)
No person shall feed wild birds other than in suitable containers for the food, elevated at least 48 inches above the ground level.
(Code 1972, § 4-3)
Sec. 6-6. - Feeding of wildlife.#
No person shall feed, or place food or refuse in such a manner as to cause a food source for any wild animal.
(Code 1972, § 4-3.1)
Sec. 6-7. - Requirements for stables.#
The owner or other person having control of any building erected for or converted into a barn for the stabling of horses or other domestic animals shall keep such barn, stable and yard clean, and shall provide a pit constructed of cement or other suitable material for the reception of manure and other refuse matter. Such pit and premises shall be so maintained that adequate control of fly breeding is obtained. Wherever a public sewer is accessible, the town council, after consultation with other relevant officials, will decide as to the advisability of connecting such buildings to such public sewer.
(Code 1972, § 4-4)
Secs. 6-8—6-40. - Reserved.#
ARTICLE II. - DOGS AND CATS#
DIVISION 1. - GENERALLY#
Sec. 6-41. - Enforcement of article.#
The provisions of this article shall be enforced by the animal control officer provided that agents on behalf of the animal control officer may, from time to time, be designated by the town administrator to assist the animal control officer in the enforcement of this article. Animal control agents shall be empowered to issue citations in conformance with the provisions of this article.
(Code 1972, § 4-6; Ord. No. 2000-12, 5-31-00)
Sec. 6-42. - Payment of fines.#
All fines due and owing on account of violations of any section in this article shall be payable to the treasurer's office.
(Code 1972, § 4-6.2)
Sec. 6-43. - Impoundment; disposition of unredeemed dogs and cats.#
(a)
The animal control officer shall take up any dog found not under restraint and impound it in the animal shelter, and confine it there in a humane manner for five days, unless sooner redeemed by the owner. The animal control officer shall impound any cat found on public property that is determined to be sick or injured.
(b)
Upon impounding a dog or cat, the animal control officer shall make a reasonable effort to notify the owner of such dog or cat so impounded and inform such owner of the conditions whereby he shall regain custody of the animal. The animal control officer shall inform the owner or keeper that he shall thereafter be liable for all fines, fees and all expenses incurred in the care and impoundment of such dog or cat.
(c)
After the legal detention period has expired and such dog or cat has not been claimed by its owner, the animal control officer may, at his discretion, euthanize the dog or cat in a humane manner, or the animal control officer may place such dog or cat in the care and custody of some person deemed to be a responsible and suitable owner, who shall agree to comply with the provisions of all dog laws and ordinances effective in their town, and/or as set forth by state law.
(d)
Any dog over three months old found within the limits of the town without evidence that such dog has been vaccinated or inoculated in accordance with the provisions of this article shall be impounded by any animal control officer for a period not exceeding five days, during which time such dog may be returned to its owner upon proof of ownership, vaccination of the dog, payment by such owner of the fees provided in section 11-1. At the expiration of such five-day period any dog not so claimed by its owner shall be disposed of in accordance with this section.
(e)
If the owner or keeper of a dog or cat fails to reclaim such dog or cat, as set forth in this section, he shall be fined according to section 11-1, and be liable for all fees and expenses incurred in the impoundment and care of the animal. Such fines and fees shall be recovered by action of debt, or by complaint and warrant. These fines and fees shall be payable to the treasurer's office.
(Code 1972, § 4-8)
Sec. 6-44. - Redemption of impounded dogs and cats.#
The owner shall be entitled to regain possession of his impounded dog or cat upon the payment to the town treasurer of the fee set forth in section 11-1.
(Code 1972, § 4-9)
Sec. 6-45. - Unvaccinated dogs and cats.#
(a)
No dog or cat over three months old shall be permitted within the town limits unless such dog or cat shall have been vaccinated or immunized in the manner set forth in section 6-46. If such dog or cat shall have been vaccinated with its primary vaccine, such vaccine shall be valid for a 12-month period, and each subsequent vaccine administered to the dog or cat thereafter shall be valid for a 24-month period.
(b)
It shall be unlawful for any person to own, keep or harbor any dog or cat over three months old within the town unless such dog or cat shall have been vaccinated or inoculated in accordance with the provisions in section 6-46. This section shall apply to all dogs and cats including, but not limited to, any dog or cat that is maintained primarily as an indoor house pet.
(c)
The owner or keeper of any dog or cat not properly vaccinated or inoculated shall be fined according to section 11-1. Such fines shall be recovered by action of debt, or by complaint and warrant. These fines shall be payable to the treasurer's office.
(Code 1972, § 4-10.1)
Sec. 6-46. - Vaccination requirements.#
The vaccination or immunizations referred to in section 6-45 shall be by the vaccine approved by the state department of health, and shall be certified to by a licensed veterinarian. Such certificate shall be dated as of the date of inoculation or vaccination, shall, where applicable, show the rabies tag number, the sex and breed of the dog or cat and the owner thereof, and whether the vaccine given is a one-year or two-year vaccine, together with such other information as may reasonably be required by the health officer or the veterinarian administering the inoculation. Such certificates issued for verification of rabies vaccinations shall follow the format of the National Association of State and Public Health Veterinarians (NASPHV), form 51.
(Code 1972, § 4-10.2)
Sec. 6-47. - Dogs and cats to be reported and quarantined for biting or being bitten.#
(a)
Every dog or cat which bites any individual, or other domestic animal shall be promptly reported to the animal control officer.
(b)
The animal control officer shall then follow the rules and regulations set forth by the state rabies control board, as listed in the state rabies management and protocol manual, and be quarantined when required.
(1)
If any dog or cat that bites any human or domestic animal is current on its rabies vaccination, such dog or cat shall be placed in quarantine, for a period of 14 days. The place of quarantine shall be at the discretion of the animal control officer, and may include quarantine on the owner's premises, or, at the owner's expense, at the animal shelter, or in a state-approved kennel or veterinary hospital of the owner's choice.
(2)
If any dog or cat that bites any human or domestic animal does not have a current rabies vaccination, the animal control officer shall order the animal to be placed in quarantine for a period of 14 days. The place of quarantine shall be off the owner's premises; and, at the owner's expense, the dog or cat shall be quarantined at the animal shelter, or in a state-approved kennel or veterinary hospital of the owner's choice.
(c)
The owner or keeper of any dog or cat that bites, or is bitten by, a rabies target species must report that contact and/or bite to the animal control officer.
(1)
If any dog or cat bites, or is bitten, by a target species animal and is current on its rabies vaccination, the animal control officer shall order the owner, at the owner's expense, to immediately booster the rabies vaccination of the dog or cat, and shall order the dog or cat placed in strict confinement for 45 days. Strict confinement may be held on the owner's premises.
(2)
If any dog or cat bites, or is bitten, by a target species animal and does not have a current rabies vaccination, the animal control officer shall place the dog or cat in quarantine for a period of three months, to be followed by strict confinement for three months. Such place of quarantine shall be off the owner's premises. At the owner's expense, such dog or cat shall be quarantined at the animal shelter, or in a state-approved kennel or veterinary hospital of the owner's choice. Three months' strict confinement shall immediately follow the three months' quarantine. Such place of strict confinement shall be at the discretion of the animal control officer, and may include the owner's premises, the animal shelter or a state-approved kennel or veterinary hospital of the owner's choice. The animal control officer shall order the dog or cat to be rabies vaccinated prior to its release from quarantine.
(d)
The owner or keeper who fails to quarantine such dog or cat as ordered by the animal control officer shall be charged with a misdemeanor and fined not less than $200.00 nor more than $500.00 for each offense, and be subject to confiscation of the animal which is the basis of the violation. Such fines shall be recovered by action of debt, or by complaint and warrant. These fines shall be payable to the treasurer's office.
(e)
The animal control officer shall confiscate and impound any dog or cat found to be in violation of an order of quarantine, and the duration of the quarantine shall be served at the animal shelter. The owner or keeper of such dog or cat shall be responsible for all expenses incurred during the animal's impoundment.
(Code 1972, § 4-11.2; Ord. No. 2017-13, 10-4-17)
Sec. 6-48. - Abandoned dogs, cats and domestic animals.#
The owner or keeper of a dog, cat or other domestic animal who shall move from his place of residence and leave behind such dog, cat or other domestic animal shall be guilty of a misdemeanor, and be fined no less than $50.00 and no more than $500.00 for each offense. Such fines shall be recovered by action of debt, or by complaint and warrant. These fines shall be payable to the treasurer's office.
(Code 1972, § 4-12.1; Ord. No. 2017-13, 10-4-17)
Secs. 6-49—6-70. - Reserved.#
DIVISION 2. - DOGS#
Subdivision I. - In General#
Sec. 6-71. - Dogs restricted on July 4.#
It shall be unlawful for any person or owner to permit or cause any dog, rather licensed and/or leashed, to be on or along the parade route during the July 4 parade from the hours of 7:00 a.m. and 3:00 p.m., and/or cause or permit any dog to be present on private or public property, not owned by such person, at the July 4 fireworks display.
(Code 1972, § 4-4.2)
Sec. 6-72. - Citations.#
The animal control officer shall issue citations to the owner of dogs for the violation of any animal control ordinance, which citations may be paid by mail to the treasurer's office.
(Code 1972, § 4-6.1)
Sec. 6-73. - Restraint required.#
The owner or keeper of any dog shall keep his dog under restraint at all times.
(Code 1972, § 4-7)
Sec. 6-74. - Leashed restraint required.#
It shall be unlawful for any owner or keeper to permit his or her dog to go upon any public property, including any park, beach, sidewalk, street, or public playground area, or to go upon any school grounds without such dog being physically restrained on a leash or lead, not to exceed ten feet in length, and under the control of a competent person.
(Code 1972, § 4-7.1; Ord. No. 2001-33, 11-14-01)
Sec. 6-75. - License to be according to state law.#
Every dog in the town shall be licensed according to G.L. 1956, § 4-13-4, as well as the provisions of section 6-81, as may be applicable.
(Code 1972, § 4-10; Ord. No. 2001-24, 9-12-01)
Sec. 6-76. - Certificate prerequisite to license.#
No license shall be issued for any dog required to be licensed in the town unless the person making application therefor shall first present to the town clerk, or other duly authorized person to issue such license, a current certification of vaccination or inoculation, as provided in this article, for the dog for which such license is requested. Such certificate shall certify that the dog for which the license is to be issued has been properly vaccinated or inoculated in accordance with the provisions of this article. Public clinics providing inoculations at a nominal charge shall be made available once a year by the department of police.
(Code 1972, § 4-10.3)
Sec. 6-77. - Unspayed female dogs to be confined.#
(a)
The owner or keeper of a female dog which has not been spayed shall keep such dog confined while the dog is in heat. It shall be a violation of this section for such dog to be allowed to run at large or be restrained out of doors.
(b)
The animal control officer shall direct that such confinement be within a building on the owner's premises, or at the owner's expense, in a kennel or veterinary hospital of the owner's choice.
(c)
The animal control officer shall fine the owner or keeper in violation of this section according to section 11-1. Such fines shall be recovered by action of debt, or by complaint and warrant. These fines shall be payable to the treasurer's office.
(d)
Any dog in heat, found running at large shall be impounded by the animal control officer in accordance with section 6-43.
(Code 1972, § 4-11.3)
Sec. 6-78. - Barking dogs.#
(a)
No person shall keep or harbor any dog, whether licensed or not, which by habitual howling, yelping or barking does disturb the quiet of any person residing in the neighborhood, and each day of disturbance shall constitute a separate offense.
(b)
When one or more persons in a neighborhood shall affirm in writing that any dog is a nuisance as a result of such habitual howling, yelping or barking, the animal control officer shall, if he finds such nuisance to exist, fine the owner or keeper of such dog according to section 11-1. Such fines shall be recovered by action of debt, or by complaint and warrant. These fines shall be payable to the treasurer's office.
(Code 1972, § 4-12)
Sec. 6-79. - Sanitary conditions for keeping.#
(a)
The owner or person in control of any building, kennel or premises in which a dog is kept and maintained shall keep the building and/or premises clean and free from decaying food, dirt, fur, stagnant water and fecal matter.
(b)
The owner or keeper of any dog that is kept out of doors or in a kennel shall provide the dog with appropriate shelter from the weather. Appropriate shelter shall be defined as a dog house.
(c)
The owner or keeper of a dog shall, when physically restraining such dog out of doors, secure such dog on a lead not shorter than 15 feet in length.
(d)
The owner or keeper of a dog shall provide the dog with adequate food, water and shelter.
(Code 1972, § 4-13)
Sec. 6-80. - Canine waste removal.#
(a)
It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any sidewalk, street, park or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any private property neither owned nor occupied by such person.
(b)
No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area, or on any private property neither owned nor occupied by such person without such means of removal of any feces left by such dog.
(c)
Violation of this section shall be punishable by a fine not exceeding $25.00 for the first offense, not exceeding $50.00 for the second offense, not exceeding $100.00 for the third offense and any subsequent offenses within a year to be recovered by action of debt or by complaint or warrant, to use as such town council may prescribe.
(d)
This section shall not apply to a licensed dog accompanying any handicapped person, who by reason of his handicap is physically unable to comply with the requirements of this section.
(Code 1972, § 4-4.1; Ord. No. 1997-13, 10-1-97; Ord. No. 2000-12, 5-31-00)
Sec. 6-81. - Reserved.#
Editor's note— Ord. No. 2014-03, adopted April 9, 2014, repealed § 6-81, which pertained to registration of certain breeds of dogs required. See Code Comparative Table for complete derivation.
Sec. 6-82. - Number of dogs limited.#
No person shall keep, other than in a duly licensed breeding kennel, in any household (or on the premises thereof) occupied by such person more than three dogs over the age of six months without first obtaining a kennel license from the town.
(Ord. No. 2001-24, 9-12-01)
Sec. 6-83. - Penalties.#
Any violation of this article shall be punishable by a fine not to exceed $500.00.
(Ord. No. 2001-24, 9-12-01)
Secs. 6-84—6-100. - Reserved.#
Subdivision II. - Vicious Dogs#
Sec. 6-101. - Findings and declarations.#
(a)
It is hereby declared that vicious dogs have become a serious and widespread threat to the safety and welfare of residents of the town.
(b)
The number and severity of these attacks are attributable to the failure of owners to register, confine and properly control vicious dogs.
(c)
It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance.
(d)
It is further declared that because of the danger posed to the public health, safety and welfare by vicious dogs, this section and section 6-102 constitute a measure providing for the immediate preservation of the public health, safety and welfare.
(Code 1972, § 4-11)
Sec. 6-102. - Control.#
(a)
Enclosure required. All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure. It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to sell or to give away the vicious dog or to comply with commands and directions of the animal control officer with respect to the vicious dog. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog. Such person must be a competent adult that has full control over the vicious dog.
(b)
Application of provisions of section 6-101 and this section. The provisions of section 6-101 and this section shall not apply to K-9 or other dogs owned by the police department or any law enforcement officer which are used in the performance of police work.
(c)
Disposal. A vicious dog shall be disposed of as follows:
(1)
Any vicious dog which is not maintained on property with an enclosure; or
(2)
Which shall be outside of the dwelling of the owner or keeper, or outside of an enclosure, except as provided for in this section;
shall be confiscated by an animal control officer and euthanized in an expeditious and humane manner after the expiration of a five-day waiting period, exclusive of holidays. In addition, the owner or keeper shall pay a $250.00 fine to the town.
(d)
Dogs injuring or killing human beings; fine and euthanization. If any vicious dog shall, when unprovoked, attack, assault, wound, bite, or otherwise injure or kill a human being, the owner or keeper shall pay a $1,000.00 fine. The owner shall then be ordered to relinquish the dog, and the dog shall, after a five-day waiting period, be humanely euthanized. No person shall be charged under subsections (c) or (d) of this section, unless the dog, prior to the offense alleged, shall have been declared vicious pursuant to the provisions of this section.
(e)
Fees for violations regarding licensing. Every owner or keeper of any dog, having been declared vicious, found to be in violation of any town ordinance governing the licensing of such dogs, shall for the first offense be fined $25.00, and for a second violation of this subdivision shall be fined $200.00, and for a third or subsequent offense shall be fined $500.00.
(f)
Liability in situations where minor is owner. If the owner or keeper of the vicious dog is a minor, the parent or guardian of that minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by such vicious dog.
(Code 1972, § 4-11.1)
Sec. 6-103. - Presence on public playground or schoolground.#
It shall be unlawful for the owner or keeper to allow any dog that has been declared vicious or dangerous to be upon any public playground or upon any schoolgrounds.
(Code 1972, § 4-7.2)
Secs. 6-104—6-125. - Reserved.#
DIVISION 3. - CATS#
Sec. 6-126. - Keeping of feral and/or back yard feeder cats.#
(a)
It shall be unlawful for any person to maintain and/or keep feral cats or back yard feeder cats without having such cats properly rabies vaccinated. Such cats must also be spayed or neutered.
(b)
The owner or keeper shall incur all expenses to rabies vaccinate and alter the cats.
(c)
Any owner or keeper who fails to comply with this section shall be ordered, by action and/or decree of the town council, to remove and destroy the cats, as such cats, when unaltered and unvaccinated, present a nuisance and health risk to the public.
(d)
The owner or keeper shall incur all expenses in meeting any order set forth by the town council.
(Code 1972, § 4-14)