The text
Footnotes:
--- (1) --- Editor's note— An ordinance adopted Jan. 13, 2010, repealed the former ch. 4, arts. I—IV, §§ 4-1—4-11, 4-36—4-44, 4-66-4-72, 4-96—4-104, and enacted a new ch. 4 as set out herein. The former ch. 4 pertained to similar subject matter and derived from Code 1972; an ordinance adopted Aug. 26, 1992; and an ordinance adopted Nov. 14, 2007.
Cross reference— Environment, ch. 12.
State Law reference— Animals generally, G.L. 1956, Title 4; municipal regulation of animals, G.L. 1956, § 23-19.2-1.
ARTICLE I. - IN GENERAL#
Sec. 4-1. - 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:
Animal/animals include, but is not limited to, dogs; cats; horses; cattle; goats; sheep; swine; emus; llamas; alpacas; rabbits; poultry, which include chickens, hens and roosters; ducks; geese; guinea fowl; peacocks; ostriches; reptiles and birds.
Animal control officer means any person employed by the town as an officer for enforcement of animal control laws and regulations and shall include any police officer of the town.
Animal shelter means any premises designated by action of the town for the purpose of impounding and caring for animals.
At large means any dog or other animal when it is off the property of its owner and not under restraint of a competent person.
Chicken means a domestic fowl kept for its eggs or meat. Also known as Gallus gallus domesticus.
Exposed to rabies means a person, dog or other animal has been bitten by or exposed to any animal or creature known to have been infected with rabies.
Fowl means a bird of the order Galliformes that is kept for its eggs and flesh. When used in this chapter, fowl shall not include Gallus gallus domesticus (chickens).
Free range means to allow livestock, such as fowl, to live and move freely and naturally around the land in which they are kept.
Guardian means a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal's safety and well-being.
Hen means a female bird especially when referring to domestic fowl.
Kennel, commercial means any structure/operation used for the breeding, boarding, training, dealing, or providing foster or respite care, or for any purpose harboring of more than three dogs or puppies, for business or adoption/placement purposes.
Kennel, noncommercial means any structure/operation including, but not limited to, hobby breeders as defined in G.L. 1956, § 4-19-2, used for the shelter of more than three dogs kept for personal purposes rather than for pecuniary gain.
Owner means any person, group of persons, corporation, association, partnership, or company owning, keeping or harboring a dog or other animal.
Restraint means that an animal is controlled by leash or other appropriate restraining device and/or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
Rooster means a male domestic chicken.
Shelter means a structure used to house any animal which will provide sufficient protection from elements for the health and well-being of the animal.
(Ord. of 1-13-2010; Ord. of 01-10-2024(1); Ord. of 04-24-2024 (1))
Sec. 4-2. - Exemptions.#
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals shall be exempt from the provisions of this chapter except where expressly stated.
(Ord. of 1-13-2010)
Sec. 4-3. - Enforcement.#
The provisions of this chapter shall be enforced by the animal control officer or by any police officer of the town.
(Ord. of 1-13-2010)
Sec. 4-4. - Penalty.#
Except as otherwise provided in this chapter or the Rhode Island General Laws, penalties for violation of the provisions of this chapter shall be as follows: First offense: Written warning, with no more than 30 calendar days, as determined by the police department, to come into compliance. If the violation is not remedied on or before the time set forth in the written warning, the penalty will be a $100.00 fine.
Second and subsequent offenses: $100.00 and owner may be cited to appear before the Burrillville Municipal Court, and, upon conviction, said owner shall be fined not in excess of $500.00, in accordance with section 11-5 of the Code of Ordinances of the Town of Burrillville. Third and subsequent offenses may be considered a violation of title 4 of the Rhode Island General Laws.
Each day's violation may constitute a separate offense.
(Ord. of 1-13-2010; Ord. of 9-8-2010(1); Ord. of 9-11-2019(1); Ord. of 04-24-2024 (1))
Sec. 4-5. - Authority of officers to enter premises, remove animal.#
In the discharge of the duties imposed by this chapter the chief of police, the animal control officer(s), any police officer or their designees of the town shall have the authority at all reasonable times to enter upon any premises, but not the authority to enter a residence on the premises, to examine a dog or other animal with regard to any alleged violation of this chapter. Such officer shall have the further authority to take possession of any such dog or other animal, remove it from the premises, and impound it.
(Ord. of 1-13-2010; Ord. of 9-11-2019(1))
Sec. 4-6. - Interference with enforcement.#
No person shall interfere with, hinder or molest the animal control officer or any police officer of the town in the performance of his/her duties, or seek to release any animal in the custody of the animal control officer or any police officer except as herein provided.
(Ord. of 1-13-2010)
Sec. 4-7. - Creation of nuisance.#
(a)
Noise disturbance. The keeping or harboring by any person of any dog, or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys the peace of citizens in the immediate area is unlawful, and is hereby declared to be a public nuisance.
(b)
Failure to restrain animal. It shall be unlawful for any owner of any animal excepting felines to fail to restrain an animal so the animal shall trespass on private or public property and/or damage or destroy any property or thing of value. This violation is hereby declared to be a nuisance and such animal shall be impounded by the animal control officer and may be disposed of in accordance with section 4-69.
(c)
Sanitary and humane conditions. The failure to keep animals under sanitary and humane conditions and in such a manner as to affect the health, welfare and safety of the surrounding area and/or the residents, shall be deemed to be a nuisance under this section. For purposes of this section, health and welfare means the creation of any health risk or hazard, including disease, infirmity, and/or in such a manner that the keeping of the animals attracts rodents, vermin or other predators.
(d)
Complaint procedure. Complaints made under the provisions of this section shall be made to the police department or animal control officer, who will investigate the complaint. If the animal control officer finds the animal is a nuisance by reason of trespassing, habitual howling, barking or other noise, or damage to property, or in any other manner causing undue annoyance, he/she shall serve written notice upon the owner or custodian that such nuisance shall be abated. If such nuisance is not abated, the owner shall be found in violation of this chapter and subject to penalties provided in section 4-4. This violation will be deemed to be a second or subsequent offense and penalties levied accordingly. Subsequent offenses may result in the impoundment of the animal and disposal in accordance with section 4-69.
(Ord. of 1-13-2010; Ord. of 04-24-2024 (1))
Sec. 4-8. - Keeping of horses, cattle, swine, fowl, etc.#
(a)
No person shall own or have under his/her care any horse, goat, swine, sheep cattle or other livestock, except as may be expressly permitted by the zoning ordinance.
(b)
No person shall own or have under his/her care any hens or other fowl except as may be expressly permitted by the zoning ordinance.
(Ord. of 1-13-2010)
Sec. 4-8.1. - Chickens.#
(a)
Multifamily residential dwellings of more than two units shall not be able to keep, raise or house chickens.
(b)
Multifamily residential dwellings of two units shall be allowed to keep, raise or house chickens if at all times one of the dwelling units is owner occupied.
(c)
Tenants of rental properties shall not be allowed to keep, raise or house chickens, unless the property is in either zones F2 or F5 and is five or more acres.
(d)
Permission from a non-resident property owner is required. Permission shall be on a form approved by the town clerk and shall be in writing, notarized and shall include, but not limited to, the following information: The property owner's name, residence and mailing address, telephone number and email address; the tenant's name, residence and mailing address, telephone number and email address; the number of chickens the property owner is permitting the tenant to house on the subject property, if less than authorized by this Ordinance (but in no event shall the number of chickens exceed the number authorized by ordinance).
The document granting permission by the property owner shall be filed with the town clerk prior to the tenant obtaining any chickens and shall be renewed by December 31 of each year. A filing fee of $10.00 shall be paid each year.
Permission by the property owner shall not be assignable and new tenants shall be required to file proof of permission with the town clerk consistent with the provisions of this section.
(e)
Single family residential homes shall be allowed to keep and raise chickens.
(f)
Conditions.
(1)
Any properties less than five acres shall require a special use permit to free range their chickens.
(2)
All properties with five acres or more are allowed an unlimited amount of hens and roosters and are allowed to free range their chickens without a special use permit.
(3)
All chickens must be contained to the property on which they are housed.
(4)
All chickens shall be kept in a sanitary and safe shelter free of waste, predators, rodents and any other dangers.
(5)
All cages, coops and living quarters shall meet zoning requirements including building and zoning setbacks.
(6)
Properties up to 2.99 acres shall be eligible for roosters with the successful application of a special use permit for breeding purposes only.
(7)
All food should be stored in rodent proof containers.
(8)
Properties that are located in zones F2 or F5 and are five acres or more do not require a residence on the property.
(9)
"Agricultural operations" as defined in G.L. 1956, § 2-23-4(a) under Right to Farm and "farmland" as defined in G.L. 1956, § 44-27-2(1) under Taxation of Farm, Forest, and Open Space Land, subject to regulations enacted by the state department of environmental management (RIDEM) and registered with the Burrillville Tax Assessor are exempt from any restrictions. Any land not registered with RIDEM under the taxation of farm, forest, and open space land as farmland, shall be subject to review by the town manager or their designee to make a determination as to whether that property qualifies as farmland. Any adverse decision may be appealed to the town council, provided, however, that any appeal must be filed within 30 days of the decision by the town manager or their designee.
(10)
The exemption granted under subsection (10) of this section applies only to the housing of chickens and does not apply to any other ordinances restricting or regulating the raising of animals, fowl or any other animal.
(Ord. of 01-10-2024(1))
Sec. 4-8.2. - Quantities.#
Quantities of chickens allowed, in accordance with this chapter, are outlined in Table I below.
TABLE I Land Area Number of Chickens and Roosters Allowed
Up to 0.49 acres 6 Hens, Roosters allowed with special use permit
0.50-0.99 acres 12 Hens, Roosters allowed with special use permit
1.00-2.99 acres 24 Hens, Roosters allowed with special use permit
3.00-3.99 acres 48 Hens, Roosters allowed
4.00-4.99 acres 60 Hens, Roosters allowed
5.00 acres or more No Limit, Roosters allowed
(Ord. of 01-10-2024(1))
Sec. 4-8.3. - Enforcement and penalty.#
Enforcement and penalty shall follow the guidelines set forth in chapter 4, animals, and chapter 16, offenses and miscellaneous provisions.
(Ord. of 01-10-2024(1))
Sec. 4-9. - Disposal and surrender fees.#
(a)
Any person contemplating or desiring to surrender, transfer, convey for purposes of adoption or otherwise dispose of any domestic animal with the town, at the animal control officer's discretion may pay to the animal control officer a fee as set forth in the animal disposal fee schedule, for purposes of administrative costs. The amount of such fees shall be set from time to time by the town council and the schedule of such fees shall be on file in the town clerk's office.
(b)
Fees listed in the animal disposal fee schedule shall be separate and distinct from any other fees pursuant to any ordinance concerning licensing or other regulatory matters for animals within the town.
(Ord. of 1-13-2010)
Sec. 4-10. - Confinement of certain dogs.#
(a)
The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog and shall not take such dog out of the building or secure enclosure unless such dog is securely muzzled and leashed.
(b)
Every female dog or other animal in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel in such a manner that the female dog or other animal cannot come in contact with another dog or animal except for intentional breeding purposes.
(c)
Any dog described in this section and found at large shall be impounded by the animal control officer and may not be reclaimed by the owner unless such reclamation is authorized by the animal control officer or any court having jurisdiction and suit is commenced and notice given before five days have elapsed.
(Ord. of 1-13-2010)
Sec. 4-11. - Cruelty to animals.#
(a)
Mistreatment of animals.
(1)
All animals shall be kept and treated under sanitary and humane conditions, and it shall be unlawful for any person to subject, or cause to be subjected, any animal to cruel treatment. It shall likewise be unlawful for any person to deprive, or cause to be deprived, any animal of adequate food and water, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions.
(2)
Adequate food, water and shelter shall be provided as follows:
a.
All animals shall be given at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuff suitable for the age and species of the animal and sufficient to maintain a healthful level of nutrition.
b.
All animals shall have access to a constant supply of clean, fresh water.
c.
All animals shall be provided with adequate shelter from the weather and humanely clean conditions at all times.
(3)
Medical care. It shall be unlawful for any person in contact with or having knowledge of a sick, diseased or injured animal to fail or refuse to provide proper medical treatment for the animal or notify the animal control officer of the condition.
(b)
Cruel treatment. It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat or treat, needlessly mutilate or kill, wound, injure, poison, abandon or subject any animal to conditions detrimental to its health or general welfare or to procure any such actions to be inflicted upon any animal. Examples of cruel treatment include, but are not limited to, the following:
(1)
Allowing a collar, rope or chain to become embedded in or cause injury to an animal's neck.
(2)
Allowing a choke or pinch collar to be used as a primary collar when the animal is left unsupervised.
(3)
Allowing a dog, cat or other domesticated pet to be left outside in inclement weather or extreme temperatures without adequate shelter.
(4)
Intentionally allowing animals to engage in a fight.
(5)
Allowing animals to live in unsanitary conditions.
(6)
Allowing animals to live in crowded conditions.
(7)
Failure or refusal to obtain medical treatment for an animal when, in an animal control officer's opinion, such treatment is needed.
(8)
Using lethal force against an animal, either on or off the owner's property, unless the animal is in the act of attacking and causing severe injury to a human being or any other domestic animal.
(c)
Impoundment. It shall be the duty of the chief of police, the animal control officer(s), any police officer or their designees to seize and impound, subject to the provisions of this chapter, all animals that have been subjected to cruel treatment as defined herein whether such animal shall be in the immediate custody of its owner or otherwise. The animal control officer shall provide for suitable care, including medical care, as he/she deems necessary. Any animal impounded under the provisions of this section may not be reclaimed unless such reclamation is authorized by the animal control officer.
(d)
Penalties.
(1)
Animal or animals owned or harbored by persons found in violation of this section shall be surrendered to the animal control officer; and/or
(2)
Any person violating the provisions of this section shall be cited to appear before the Burrillville Municipal Court and be subject to fines as follows:
First offense: A fine of not less than $100.00 nor more than $500.00
Second offense: A fine of not less than $200.00 nor more than $500.00
Third offense: A fine not in excess of $500.00, in accordance with section 11-5 of the ordinances of the Town of Burrillville.
(3)
Any person violating the provisions of this section shall reimburse the Town of Burrillville for expenses incurred in providing care required by this section.
(Ord. of 1-13-2010; Ord. of 9-11-2019(1))
Sec. 4-12. - Wild/exotic animals.#
Importing and/or possession of certain wild/exotic animals, as defined by the Rhode Island DEM Rules and Regulations Regarding Wild Animal Importation and Possession, are subject to permitting in accordance with rules and regulations promulgated by the Department of Environmental Management (DEM). The owner of any such wild/exotic animal that is found in the town and which has not been permitted by DEM shall be subject to a penalty of $500.00, and confiscation as required by DEM.
(Ord. of 1-13-2010)
Secs. 4-13—4-35. - Reserved.#
ARTICLE II. - DOGS#
Footnotes:
--- (2) --- State Law reference— Authority to regulate dogs, G.L. 1956, § 4-13-1.
Sec. 4-36. - Dogs belonging to nonresidents.#
The licensing and vaccination requirements of this chapter shall not apply to any dog belonging to a nonresident of the town and kept within the town for not longer than 15 days, provided any such dog at all times while in the town is kept within a building, enclosure or vehicle or is under restraint by the owner or guardian.
(Ord. of 1-13-2010)
Sec. 4-37. - Restraint.#
(a)
The owner shall keep his/her dog under restraint at all times and shall not permit such dog to be at large, off the premises or property of the owner, unless under the leash control of a person competent to handle the dog.
(b)
Any dog which has been used for hunting purposes and becomes separated from the owner or person in charge of the dog, while directly engaged in or returning from the hunt, shall be exempt from subsection (a) of this section, provided that:
(1)
The dog is properly licensed prior to the hunt.
(2)
The hunter reports that the dog is missing to the dog officer within 24 hours after the hunt is terminated.
(3)
The missing dog is recovered within 48 hours after the hunt is terminated.
(Ord. of 1-13-2010)
Sec. 4-38. - Impoundment, disposition of certain dogs.#
(a)
Impoundment of dog at large. Any dog found running at large shall be seized by the animal control officer and impounded in the animal shelter and there confined in a humane manner for a period of not less than ten days.
(b)
Ownership known. When a dog is found running at large and its ownership is known to the animal control officer, such dog need not be impounded but the officer may cite the owner of such dog for violation of this chapter.
(c)
Notice of seizure. Immediately upon impounding any dog, the animal control officer shall make every possible reasonable effort to notify the owner of the dog and inform him/her of the conditions whereby he/she may regain custody of such dog.
(d)
Redemption. The owner shall be entitled to regain possession of any impounded dog except as hereinafter provided in the case of certain dogs upon payment of the required fines and impoundment fees. Proof of ownership may include a license receipt, affidavits of neighbors or a photograph.
(e)
Disposition of unclaimed dogs. Dogs not claimed by their owners before the expiration of ten days may be disposed of in accordance with section 4-69.
(Ord. of 1-13-2010)
Sec. 4-39. - Vaccination.#
(a)
Required. No dog shall be permitted within the town limits unless it is vaccinated or immunized in the manner set forth in the rules and regulations governing the suppression of rabies promulgated by the Rhode Island Rabies Control Board.
(b)
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 first presents to the town clerk's office a current certificate of vaccination or inoculation 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 section.
(c)
Any dog found within the limits of the town without evidence that such dog has been vaccinated or inoculated in accordance with the provisions of this section shall be impounded by the animal control officer or any police officer of the town or other authorized person for a period not exceeding ten days, during which time such dog may be returned to its owner upon proof of ownership, vaccination of the dog and payment by the owner of the required fines and fees. At the expiration of the ten-day period, any dog not claimed by its owner may be disposed of in accordance with section 4-69.
(Ord. of 1-13-2010)
Sec. 4-40. - Dogs not allowed on school property, in stores or eating places; exception.#
(a)
No dogs shall be allowed in schoolyards or on school property whether at large or under restraint with the exception of working dogs trained to assist disabled individuals.
(b)
No dogs shall be allowed in any stores or eating places within the town whether at large or under restraint with the exception of working dogs trained to assist disabled individuals.
(Ord. of 1-13-2010)
Sec. 4-41. - Number restricted.#
It shall be unlawful to keep more than three licensed dogs at a single-family residence and more than two licensed dogs per dwelling unit at a multifamily residence, unless the person has applied for and received a kennel license as provided in this chapter. Owners of dogs that are legally licensed at the adoption of this provision shall be exempt while they remain the owners of those particular dogs.
(Ord. of 1-13-2010)
Sec. 4-42. - Kennel license.#
(a)
Application.
(1)
Noncommercial kennel licenses. Every owner or keeper of more dogs than allowed by section 4-41 shall make application to the town council for a noncommercial kennel license on a form provided by the office of the town clerk. The application shall require, at a minimum:
a.
Name of the owner and keeper of such kennel;
b.
Number, identification and rabies certificate for each dog to be kept therein;
c.
Proposed specific location at which the dogs will be sheltered;
d.
Copy of zoning resolution granting special permit.
(2)
Commercial kennel licenses. Every owner, guardian or keeper of a commercial kennel, as defined herein, shall make application to the town council for a commercial kennel license on a form provided by the office of the town clerk. The application shall require, at a minimum:
a.
Name of the owner and keeper of such kennel;
b.
Number, identification and rabies certificate for each dog and/or puppy to be kept therein, if applicable;
c.
Proposed specific location at which the dogs and/or puppies will be sheltered;
1.
A commercial kennel is to be in a structure separate from other structures; and
2.
That structure is to be buffered from abutters' property lines by at least 100 feet, unless the town council waives this provision for good cause shown.
d.
Copy of zoning resolution granting special permit;
e.
Affidavit that owner is a breeder or annual exhibitor of thoroughbred dogs as provided in G.L. 1956, § 4-13-10 or a copy of the certificate of registration or license granted by DEM in accordance with G.L. 1956, § 4-19-4 through 4-19-7.
(b)
Public hearing required. Before considering granting a new kennel license, the town council shall give notice of a public hearing by advertisement published once in a newspaper having a general circulation in the town. The advertisement shall contain date, time and location of the hearing on the application, the name of the applicant and the location for which the license is requested.
Notice of the application shall also be given, by mail, to all owners of property abutting the premises of the proposed kennel. The notice shall be given by the town council and the cost of the application shall be borne by the applicant.
(c)
Inspection. The location at which the kennel is proposed shall be inspected by the animal control officer, who shall submit a report for the town council's consideration.
(d)
Determination. After public hearing, if the town council shall deem that such kennel and the use and operation thereof at such location would not constitute a health hazard or a public nuisance, it may grant a kennel license authorizing the owner or keeper to keep such kennel in the definite location to be specified in such license, upon the payment by such applicant of the current license fee. Upon recommendation of the animal control officer, the town council may require that the non-commercial kennel be in a structure separate from other structures and stipulate an appropriate buffer from the abutter's property lines.
(e)
[Expiration.] Every kennel license is for a period not exceeding one year and expires on the first day of April.
(f)
Renewal. Every holder of a kennel license may make renewal application to the town clerk annually before the first day of April on a form provided by the town clerk's office. At the request of the town clerk, the animal control officer will inspect the kennel in accordance with section 4-5 of this chapter. If the town clerk, with advice of the animal control officer, deems that the kennel has not constituted a public nuisance, he/she shall renew the kennel license upon the payment of current license fee.
(g)
[Violation.] Any person found in violation of this section shall be cited to appear before the Burrillville Municipal Court, and, upon conviction, said owner shall be fined in accordance with section 11-5 of the ordinances of the Town of Burrillville.
(h)
Show cause hearings.
(1)
If the animal control officer finds that a nuisance exists at a location for which a kennel license has been issued either through a complaint filed as described in subsection 4-7(c) or in the conduct of his/her duties, he/she may request that the town council hold a show cause hearing to determine if a violation has occurred.
(2)
The kennel license holder shall be served with a notice of the day and time of any such hearing. The notice shall identify the infraction in detail.
(3)
The license holder has the right to be present at any such hearing, to be represented by counsel if he/she so chooses, to cross-examine witnesses and to present sworn testimony on his/her own behalf.
(4)
After hearing, the town council may, if it finds that a violation has occurred, take disciplinary action against the license holder including, but not limited to, suspension and/or revocation of the license.
(Ord. of 1-13-2010)
Sec. 4-43. - Vicious dogs.#
If the animal control officer or law enforcement officer has probable cause to believe that a dog is vicious, the animal control officer or his/her immediate supervisor or the chief of police, or his/her designee, shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. Such hearing shall be in accordance with the procedures as set forth in G.L. 1956, § 4-13.1-11.
(Ord. of 1-13-2010)
Sec. 4-44. - Dog waste.#
(a)
It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog being handled by that person on property, public or private, other than the premises of the owner or handler of such dog.
(b)
The provisions of this section shall not apply when the dog involved is a working dog trained to assist disabled individuals.
(Ord. of 1-13-2010)
Secs. 4-45—4-65. - Reserved.#
ARTICLE III. - IMPOUNDMENT#
Sec. 4-66. - Animals other than dogs.#
Any animal other than a dog found running at large within the town limits may be impounded or disposed of according to law when such action is required either to protect the animal or to protect the residents of the town.
(Ord. of 1-13-2010)
Sec. 4-67. - Reclaiming generally.#
Any animal impounded under the provisions of this article may be reclaimed by the owner upon the payment of fines and fees.
(Ord. of 1-13-2010)
Sec. 4-68. - Reclaiming nuisance animals.#
Any dog or other animal may be reclaimed the first time it is impounded for being a public nuisance upon payment of all fines and fees. However, such animal may not be reclaimed when so impounded on a second or subsequent occasion unless such reclamation is authorized by the animal control officer or by a court having jurisdiction in the matter and suit is commenced and notice given before five days have elapsed.
(Ord. of 1-13-2010)
Sec. 4-69. - Disposition of unclaimed animals.#
Any dog or other animal impounded under the provisions of this article and not reclaimed by its owner within ten days may be placed in the custody of another licensed releasing agency; in the custody of some person deemed to be a responsible and suitable owner and who agrees to comply with the provisions of G.L. 1956, § 4-19-16, this chapter and such other regulations as shall be established; or humanely destroyed by the animal control officer.
(Ord. of 1-13-2010)
Sec. 4-70. - Destruction of certain animals.#
When in the judgment of the animal control officer, any police officer or a licensed veterinarian, an animal should be destroyed for humane reasons, such animal may not be reclaimed.
(Ord. of 1-13-2010)
Sec. 4-71. - Impoundment fees.#
(a)
Fees for impoundment of any animal impounded under this chapter shall be as follows:
First day animal is impounded: $10.00
Each additional day animal is sheltered: $5.00
Fees cannot be waived, but can be adjusted with the approval of the police chief or designee.
(b)
Any animal impounded under this article may be reclaimed as provided in this article upon payment by the owner to the animal control officer of all applicable fines and fees. Fees may include any direct expenses associated with the apprehension, boarding and care given to the animal by the town.
(Ord. of 1-13-2010; Ord. of 9-8-2010(1); Ord. of 04-24-2024 (1))
Sec. 4-72. - Records.#
The animal control officer shall keep or cause to be kept accurate and detailed records of the impoundment and disposition of all animals coming into his/her custody.
(Ord. of 1-13-2010)
Secs. 4-73—4-95. - Reserved.#
ARTICLE IV. - RABIES CONTROL#
Footnotes:
--- (3) --- State Law reference— Compulsory rabies vaccination, G.L. 1956, § 4-13-31.
Sec. 4-96. - Causes and conditions of quarantine.#
Every animal which bites a person shall be promptly reported to the animal control officer, shall be securely quarantined or placed on strict confinement in accordance with the rules and regulations governing the suppression of rabies promulgated by the Rhode Island Rabies Control Board.
(Ord. of 1-13-2010)
Sec. 4-97. - Surrender of animal.#
(a)
Upon demand by the animal control officer the owner shall surrender any animal which has bitten a human or which is suspected as having been exposed to rabies, for supervised quarantine, the expense of which shall be borne by the owner.
(b)
Owner of a dog that has bitten a human while at large shall be cited to appear before the Burrillville Municipal Court, and, upon conviction, said owner shall be fined in accordance with section 11-5 of the ordinances of the Town of Burrillville.
(c)
The animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of quarantine and daily maintenance fees and proof of payment of fines imposed by the Burrillville Municipal Court.
(d)
If the animal control officer determines that a vicious dog hearing will be held in accordance with section 4-43, said animal will remain in the custody and care of the animal control officer pending the outcome of the hearing.
(Ord. of 1-13-2010)
Sec. 4-98. - Death of animal under observation.#
Any suspect rabid animal that dies during quarantine shall be tested for rabies in accordance with the rules and regulations governing the suppression of rabies as promulgated by the Rhode Island Rabies Control Board.
(Ord. of 1-13-2010)
Sec. 4-99. - Destruction or isolation of bitten dogs.#
Dogs bitten by a known rabid animal shall be immediately destroyed or, if the owner is unwilling to destroy the exposed animal, strict isolation shall be enforced in accordance with the rules and regulations governing the suppression of rabies as promulgated by the Rhode Island Rabies Control Board.
(Ord. of 1-13-2010)
Sec. 4-100. - Compliance; cooperation with officers.#
(a)
No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies or any animal biting a human except as provided in this article, nor remove such animal from the town limits without written permission from the animal control officer.
(b)
The carcass of any dead animal exposed to rabies shall be surrendered to the animal control officer upon demand.
(c)
The animal control officer shall direct the disposition of any animal found to be infected with rabies.
(d)
No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this article when demand is made therefor by the animal control officer.
(Ord. of 1-13-2010)
Sec. 4-101. - Reports of bite cases.#
(a)
Every physician or other medical practitioner shall report to the animal control officer or the police department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
(b)
The animal control officer shall keep or cause to be kept accurate and detailed records of all bite cases reported to him/her and his/her investigation of the same.
(Ord. of 1-13-2010)
Sec. 4-102. - Responsibilities of veterinarians.#
Every licensed veterinarian shall report any suspect rabid animal residing or found within town limits to the animal control officer.
(Ord. of 1-13-2010)