The text
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)