The text
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)