The text
Footnotes:
--- (1) --- State Law reference— Animals generally, G.L. 1956, § 4-1-1 et seq.; municipal regulation of dogs, G.L. 1956, § 4-13-1.
ARTICLE I. - IN GENERAL#
Sec. 8-1. - 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 control officer means the person employed by the city as its enforcement officer, and shall include any police officer of the city.
At large means any dog that is off the property of its owner and not under restraint as hereinafter defined.
Collared means a dog that wears around its neck a collar with license attached and the name of the owner or keeper distinctly impressed thereon.
Commercial establishment means any for profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs and cats, including grooming parlors, canine day care, and boarding facilities.
Dog pound means any premises designated by action of the town for the purpose of impounding and caring for all animals found running at large in violation of this chapter.
Exposed to rabies means a dog that has been bitten by or been exposed to any animal known to have been infected with rabies.
Kennel means any person engaged in the commercial business of breeding, buying, selling or boarding dogs.
Leashed means a dog that has a cord or chain attached to its collar or harness and such cord or chain of not more than six feet is held in the hand by the owner or competent person leading the dog.
Nonprofit rescue organization means any Rhode Island nonprofit corporation that is exempt from taxation under Internal Revenue Code, Section 50l{c)(3} whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats: or any nonprofit organization that is not exempt from taxation under Internal Revenue Code, Section 50l(c)(3) but is currently an active rescue partner with a City of Central Falls whose mission is, in whole and significant part, the rescue and placement of does or cats.
Owner means any person owning, keeping or harboring a dog.
Restraint means a dog that is leashed or that is on or within a vehicle being driven or parked on the streets or that is within the property limits of its owner or keeper.
(Code 1973, § 4-8; Code 1994, § 8-31; Ord. No. 96-006-O, 3-13-1996; Ord. of 12-14-1998; Ord. of 4-11-2005(2); Ord. of 9-29-2014(1); Ord. of 11-13-2023(2), § 1)
Sec. 8-2. - Penalties.#
(a)
Except as otherwise provided in this chapter, any person convicted of violating any provision of this chapter pertaining to animals may be punished by the payment of a fine as follows:
(1)
First offense, a fine not exceeding $10.00.
(2)
Second offense within a year, a fine not exceeding $15.00.
(3)
Third and each subsequent offenses within a year, a fine not exceeding $25.00.
Such fines shall be recovered for the use of the city; and if such violation is continued, each day's violation may constitute a separate offense.
(b)
The animal control officer may issue citations to the owners of the animals for the violation of this chapter, which may be paid by mail. The fines may be paid by mail at the city police station within seven days from notification of such violation. Thereafter, failure to dispose of such citation shall cause the owner's appearance before the municipal court or state district court for trial.
(Code 1973, § 4-13; Code 1994, § 8-36; Ord. of 9-29-2014(1))
State Law reference— Similar provisions, G.L. 1956, § 4-13-1.
Sec. 8-3. - Exemptions.#
(a)
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where expressly stated.
(b)
The licensing and vaccination requirements of this chapter shall not apply to any dog belonging to a nonresident of the city and kept within the city for no longer than 30 days, provided that all such dogs shall at times while in the city be kept within a building enclosure or vehicle or be under restraint by the owner or other competent person.
(Code 1994, § 8-41; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-4. - Complaint procedure.#
All complaints made under the provisions of this chapter shall be made to the animal control officer and may be made orally, provided that such complaint is reduced to writing on forms provided by the animal control officer and signed by the complainant showing his address and telephone number, if any, within 48 hours.
(Code 1994, § 8-10.1; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-5. - Nuisance abatement.#
(a)
The following acts shall be declared to be public nuisances:
(1)
To keep or harbor any dog or other animal, whether licensed or not, which by unreasonable and habitual howling, yelping, barking or other noise disturbs or annoys two or more persons having separate residences or tenements, as reported to and determined by the animal control officer or any police officer of this city.
(2)
To allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value.
(b)
Any such animal may be impounded by the animal control officer whenever it shall be alleged in writing by two or more persons having separate residences or tenements or regularly employed in the neighborhood that any animal is a nuisance by reason of barking, howling, yelping or other noise, trespassing, causing damage to property or is vicious or in any manner causing undue annoyance. The animal control officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated.
(c)
If the nuisance is not abated, the animal control officer may impound the animal and notify the owner to appear before the district court for a hearing to determine if there has been a violation of this section. Each day that such nuisance shall exist shall constitute a separate offense.
(Code 1973, § 4-7; Code 1994, § 8-10; Ord. of 9-29-2014(1))
Sec. 8-6. - Cattle running at large.#
It shall be unlawful for the owner or keeper of any horse, sheep, hog, goat or cattle to allow the same to go at large, loose or unfastened in any public street or highway within the limits of the city or on any land therein thrown open as a way for public travel and used by the public for travel, although such way is not legally a public street or highway, or to go at large elsewhere in the city.
(Code 1973, § 4-1; Code 1994, § 8-3; Ord. of 9-29-2014(1))
State Law reference— Animals at large, G.L. 1956, §§ 4-15-1 et seq.; estrays, G.L. 1956, §§ 4-16-1 et seq.
Sec. 8-7. - Keeping of animals.#
(a)
Raising or breeding of animals prohibited. The raising or breeding of any animals is prohibited in the city by the City Zoning Ordinance, Appendix A to this Code. Any person who violates this section shall be subject to fines as enumerated in this Code.
(b)
Keeping of certain animals restricted. No owner or keeper or occupant of any dwelling shall keep or permit to be kept any sheep, hogs, goats, cattle, horses, geese, ducks, chickens, rabbits or other fowl in any dwelling house, cellar or garage, or shall have any such animals kept within the city except under such special conditions as may be prescribed by the animal control officer.
(Code 1973, § 4-2; Code 1994, § 8-4; Ord. of 10-20-2008; Ord. of 9-29-2014(1))
Sec. 8-8. - Keeping swine.#
It shall be unlawful for any person to keep any swine within the limits of the city.
(Code 1973, § 4-3; Code 1994, § 8-5; Ord. of 9-29-2014(1))
Sec. 8-9. - Fowl not to be kept in dwelling house.#
It shall be unlawful for the owner or occupant of any dwelling house to keep or permit to be kept any live fowl, geese or ducks in such dwelling house or in the cellar of any such house; provided that the provisions of this section shall not apply to parakeets, canaries and similar fowl kept as pets.
(Code 1973, § 4-4; Code 1994, § 8-6; Ord. of 9-29-2014(1))
Sec. 8-10. - Wild animals.#
No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the animal control officer; provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions, in accordance with such regulations as shall be established by the animal control officer. Any wild animal which escapes and is found at large may be destroyed by the animal control officer or any police officer of this city.
(Code 1973, § 4-11(f); Code 1994, § 8-7; Ord. of 9-29-2014(1))
Sec. 8-11. - Dead animals—Disposition.#
Every person residing or being in the city who shall have any dog, cat or other animal die in the city shall remove or cause to be removed or bury or cause to be buried the carcass within 24 hours after the death of such animal, so that every part of such animal shall be at least three feet below the natural surface of the ground where such animal shall be buried.
(Code 1973, § 4-5; Code 1994, § 8-8; Ord. of 9-29-2014(1))
Sec. 8-12. - Same—Bringing into city.#
It shall be unlawful for any person to bring or cause to be brought into the city the dead body of any animal and leave or cause such dead animal to be left within the city, unless such dead animal and every part and portion thereof shall be buried at least three feet below the natural surface of the ground and in conformity with the requirements of the director of public health.
(Code 1973, § 4-6; Code 1994, § 8-9; Ord. of 9-29-2014(1))
Sec. 8-13. - Domestic animal waste and its removal.#
(a)
"Domestic animal" defined. For the purpose of this section, the term "domestic animal" means dog, cat or ferret.
(b)
Duties to dispose. It shall be the duty of each person who owns, possesses or controls a domestic animal to remove and dispose of any feces left by his domestic animal on any sidewalk, street, park or other public area, or any other property owned by the city.
(c)
Method of removal and disposal. For the purpose of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces.
(d)
Fines for violation. Violation of this regulation shall be punishable by a fine not exceeding $10.00 for the first offense, $15.00 for the second offense within a year, and $25.00 for the third and any subsequent offense within a year.
(Code 1994, § 8-11; Ord. of 6-27-1997; Ord. of 9-29-2014(1))
Sec. 8-14. - Reasonable accommodation for disabilities.#
For any restrictions in this chapter, the city shall make reasonable accommodation, upon request, based on a disability in conformity with relevant city, state and federal law.
(Ord. of 9-29-2014(1))
Sec. 8-15. - Human pet sales required.#
(a)
It is unlawful for any person to display. offer for sale, deliver, barter, auction, give away, transfer, or sell an live dog or cat in any pet store. retail business or other commercial establishment located in the City of Central Falls.
(b)
Nothing in this section shall prevent the owner, operator, or employees of a pet store, retail business, or other commercial establishment located in the City of Central Falls from providing space and appropriate care for animals owned by a city animal shelter or animal control agency, humane society, or nonprofit rescue organization and maintain those animals at the pet store retail business or other commercial establishment for the purpose of public adoption.
(c)
Notwithstanding any other provision of this chapter or code to the contrary, any person or commercial establishment who violates, fails or refuses to comply with the provisions of this section shall be subject to a fine of not more than $500.00 for each separate offense. The continuation of such violation for each successive day shall constitute a separate offense, and the person, persons and/or commercial establishment allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.
(Ord. of 11-13-2023(2), § 1)
Secs. 8-16—8-44. - Reserved.#
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT#
Sec. 8-45. - Animal control officer.#
(a)
Defined. For the purpose of this section, the term "animal control officer" shall be defined as any individual who provides service authorized by subsection (b) of this section to carry out the duties of animal control.
(b)
Appointment; term; filling of vacancies; refusal.
(1)
After due application process, the mayor, with the approval of a majority of the members of the city council, shall appoint a part-time animal control officer, who shall hold office during two current municipal years for which he was appointed or elected and until his successor is appointed and qualified, unless the services of such officer are deemed unnecessary by the mayor and a majority of the council. All vacancies in such office shall be filled for the remainder of the term by an appointment of the mayor and approval of a majority of the members of the city council.
(2)
If the council shall refuse to approve the appointment of an animal control officer at any time, the mayor, within two weeks thereafter, shall submit to the council another appointee to be animal control officer and shall continue to do so until an appointment is approved; provided, however, that the mayor shall not resubmit any appointee whose approval has been refused more than once.
(Code 1973, § 4-9; Code 1994, § 8-1; Ord. of 1-6-1993(1), §§ A, B; Ord. of 9-29-2014(1))
Sec. 8-46. - Interference with animal control officer.#
No person shall interfere with, hinder or molest the animal control officer or any regular police officer in the performance of his duties or seek to release any animal in the custody of the animal control officer or any regular police officer, except as provided in this article.
(Code 1994, § 8-1.1; Ord. No. 96-005-O, 5-13-1996; Ord. of 9-29-2014(1))
Sec. 8-47. - Authority of animal control officer.#
The animal control officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article, and the animal control officer is empowered to seize and impound any aggressive dog whose owner or keeper fails to comply with the provisions of this article.
(Code 1994, § 8-1.2; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-48. - Right of entry of officers.#
In the discharge of the duties imposed by this article, the animal control officer accompanied by any police officer of the city shall have the authority at all reasonable times to enter upon any premises to examine a dog or other animal that is allegedly in violation of a provision of this article. Such authority shall not include the right to enter any residence on the premises. Such officer shall have further authority to take possession of any such dog or other animal and remove it from such premises.
(Code 1994, § 8-1.3; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-49. - Records of animal control officer.#
(a)
It shall be the duty of the animal control officer to keep or cause to be kept, in an accurate and detailed manner, the following records:
(1)
The impoundment and disposition of all animals coming into his custody;
(2)
All bite cases reported to him and his investigation of the same;
(3)
All impoundments and keeping fees received by the city.
(b)
Such records shall be open to inspection at reasonable times by such persons responsible for similar records of the city and shall be audited by the city annually in the same manner as other city records are audited.
(Code 1994, § 8-1.4; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-50. - Enforcement of chapter.#
The provisions of this chapter shall be enforced by the animal control officer and any police officer of the city.
(Code 1973, § 4-9; Code 1994, § 8-2; Ord. of 1-6-1993(1), § C; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Secs. 8-51—8-73. - Reserved.#
ARTICLE III. - IMPOUNDMENT#
Sec. 8-74. - Impoundment; harboring fierce, dangerous or vicious animals.#
(a)
Any dog found running at large not under restraint as defined in section 8-1, or uncollared, shall be taken up by the animal control officer and impounded in the shelter designated as the city dog pound, and there confined in a humane manner for a period of not less than five days, and may thereafter be disposed of in a humane manner if not claimed by its owner. Dogs not claimed by their owners before the expiration of five days may be disposed of at the discretion of the animal control officer, except as provided in this article in the cases of certain dogs.
(b)
The animal control officer may transfer title to any dog held at the dog pound to the society for the prevention of cruelty to animals after the legal detention period has expired and such dog has not been claimed by its owner.
(c)
When dogs are found running at large and their ownership is known to the animal control officer, such dogs need not be impounded; but such officer may cite the owners of dogs to appear in court to answer to charges of violation of this article.
(d)
Immediately upon impounding dogs, the animal control officer shall make every possible reasonable effort to notify the owners of such dogs so impounded, and inform such owners of the conditions whereby they may regain custody of such dogs.
(e)
Any animal, other than a dog, found running at large within the city 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 city.
(f)
Any owner, custodian or person harboring any fierce, dangerous at vicious animal that shall bite or otherwise inflict any injury on any person shall be guilty of an offense.
(Code 1973, § 4-12; Code 1994, § 8-34; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
State Law reference— Impoundment and disposition of uncollared dogs, G.L. 1956, § 4-13-15; vicious dogs, G.L. 1956, § 4-13.1-1 et seq.
Sec. 8-75. - Warrant for seizing dog.#
If the owner or keeper of the dog refuses to surrender the animal to the animal control officer, the animal control officer may request a police officer to obtain a search warrant from a justice of the district court and to seize the dog upon execution of the warrant.
(Code 1994, § 8-36.1; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-76. - Redemption of impounded dogs.#
(a)
The owner shall be entitled to regain possession of any impounded dogs, except as provided in this article in the cases of certain dogs, upon the payment of the currently required impoundment fees. Proof of ownership might include a license receipt, affidavit of neighbors, a photograph, etc.
(b)
Any other animal impounded under the provisions of this article may be reclaimed by the owner upon the payment of the currently required impoundment fees.
(c)
Any dog or other animal impounded under the provisions of this article and not reclaimed by its owner within five days may be humanely destroyed by the animal control officer, have its title transferred to the society for the prevention of cruelty to animals as provided in section 8-74(b), or be placed in the custody of some person deemed to be a responsible and suitable owner and who will agree to comply with the provisions of this article and such other regulations as shall be fixed by the city. Provided, however, that if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by the state, such law shall be complied with.
(Code 1973, § 4-12.5; Code 1994, § 8-35; Ord. of 9-29-2014(1))
Secs. 8-77—8-95. - Reserved.#
ARTICLE IV. - RABIES CONTROL#
Sec. 8-96. - Vaccinations.#
(a)
Vaccination required for dogs over six months old. No dog over six months old shall be permitted within the city limits unless such dog shall have been vaccinated or immunized, in the manner set forth in this article, within a period of 12 months, if such dog shall have been vaccinated or immunized with the one-year vaccine, or within a period of 24 months, if such dog shall have been vaccinated or immunized by the three-year vaccine.
(b)
Use of approved vaccine; certification. The vaccination or immunization referred to in subsection (a) of this article shall be by a 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 show the rabies tag number, the sex and breed of the dog, and the owner thereof, and whether the vaccine given is the one-year vaccine or the two-year vaccine, together with such other information as may reasonably be required by the health officer of the veterinarian administering the same.
(c)
Certificate of vaccination prerequisite to license. No license shall be issued for any dog required to be licensed in the city unless the person making application thereafter shall first present to the city clerk a current certificate of vaccination or inoculation, as provided in this article for the dog for which such license in 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.
(Code 1994, § 8-38; Ord. No. 96-003-O, 5-13-1996; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-97. - Owning unvaccinated dog, cat or ferret.#
It shall be unlawful for any person to own, keep or harbor any dog, cat or ferret over four months old within the city, unless such animal shall have been vaccinated or inoculated in accordance with the provisions of this article. Any person violating the provisions of this section shall be fined not less than $200.00 for each offense.
(Code 1994, § 8-39; Ord. No. 96-004-O, 5-13-1996; Ord. of 9-29-2014(1))
Sec. 8-98. - Impoundment of unvaccinated dogs.#
Any dog over six months old found within the limits if the city without evidence that such dog has been vaccinated or inoculated in accordance with the provisions of this article shall be impounded by any police officer of the city or other authorized person 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 and payment by such owner of the fees provided in this section. At the expiration of the five-day period, any dog not so claimed by its owner shall be disposed of in accordance with this section.
(Code 1994, § 8-40; Ord. No. 96-008-O, 5-13-1996; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-99. - Quarantine procedure.#
(a)
Every animal that bites a person shall be promptly reported to the animal control officer. Such animal shall thereupon be securely quarantined at the discretion of the animal control officer, for a period of ten days, and it shall not be released from such quarantine except by written permission of the animal control officer. At the discretion of the animal control officer, such quarantine may be on the premises of the owner, at the shelter designated as the dog pound or, at the owner's option and expense, in a veterinary hospital of his choice. In the case of stray animals or animals whose ownership is not known, such quarantine shall be at the shelter designated by the animal control officer. It shall be the duty of the animal owner to contact the animal control officer for a release from the quarantine.
(b)
The owner, upon demand by the animal control officer, shall forthwith surrender any animal that has bitten a human or is suspected as having been exposed to rabies for supervised quarantine, the expense of which shall be borne by the owner. Such animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees as established by the city.
(c)
When rabies has been diagnosed in an animal under quarantine or is suspected by a licensed veterinarian and the animal dies while under such observation, the animal control officer shall immediately send the head of such animal to the state health department for pathological examination and shall notify the director of environmental control of reports of human contacts and the diagnosis.
(d)
When one or both reports indicate a positive diagnosis of rabies, the animal control officer shall recommend an area-wide quarantine for a period of 90 days. During such quarantine period no animal shall be taken into the streets or permitted to be in the streets, nor shall any animal be taken or shipped from the city without written permission of the animal control officer.
(e)
During the quarantine period and as long afterward as the animal control officer decides it is necessary to prevent the spread of rabies, the city shall require all dogs three months of age end older to be vaccinated against rabies with a canine rabies vaccine approved by the biologies control section of the U.S. Department of Agriculture. The types of approved canine antirabies vaccine to be used and the recognized duration of immunity for each shall be established by the city. All vaccinated dogs shall be restricted (leashing or confinement on enclosed premises) for 30 days after vaccination. During the quarantine period, the city shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located throughout the city.
(f)
No dog that has been impounded by reason of its being a stray, unclaimed by its owner, is allowed to be claimed during the period of the rabies emergency quarantine, except by special authorization of the animal control officer.
(g)
Dogs or other animals bitten by a known rabid animal shall be immediately destroyed or, if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel for six months shall be enforced. If the dog or other animal has been previously vaccinated within the time limits established by the city, based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for 30 days shall be carried out.
(h)
If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional six months.
(i)
No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies or any animal having bitten a human, except as provided in this article, nor shall such animal be removed from the city limits without written permission from the animal control officer.
(j)
The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal control officer. The animal control officer shall direct the disposition of any animal found to be infected with rabies.
(k)
No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made therefor by the animal control officer.
(Code 1994, § 8-42; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-100. - Reports of bite cases.#
It shall be the duty of every physician or other medical practitioner to report to the animal control officer at 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.
(Code 1994, § 8-43; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-101. - Veterinarians to report rabies suspects.#
It shall be the duty of every licensed veterinarian to report to the animal control officer any animal considered to be a rabies suspect.
(Code 1994, § 8-43.1; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Secs. 8-102—8-130. - Reserved.#
ARTICLE V. - DOGS#
Footnotes:
--- (2) --- State Law reference— Municipal regulation of dogs, G.L. 1956, § 4-13-1.
DIVISION 1. - GENERALLY#
Sec. 8-131. - Restraint; at large dogs; bites.#
The owner of a dog shall keep his 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 restraint and properly collared. Any bite inflicted by any such dog at large or not restrained, as required by this section shall, in addition to any violation for dogs at large or unrestrained, constitute a violation of this division by the owner of such dog.
(Code 1994, § 8-32.1; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-132. - Dog license fees.#
(a)
Every owner or keeper of a dog who resides in the city shall in the month of April cause such dog to be licensed from the first day of the ensuing May, in the office of the city clerk and shall pay to the city clerk for the license issued $20.00 plus a spay and neuter fee of $1.00, with the exception of senior citizens, who shall upon proof that they have attained the age of 65 years of age be exempt from this licensing fee. Four dollars of each license fee collected by the city clerk shall be used exclusively by the city for the enforcement of laws pertaining to animals as provided for by R.I.G.L. § 4-13.1-9.
(1)
It shall be unlawful to keep more than three licensed dogs at the same residence, except as permitted by the animal control officer.
(2)
The animal control officer is empowered to impound up to 10 days any dog exceeding the limits set forth above. Such animal(s) may be reclaimed at any time subject to a showing to the satisfaction of the animal control officer that the animal(s) is in compliance with the requirements of this section. If the animal is unable to be reclaimed, after 10 days it shall be subject to removal pursuant to the provisions of this chapter.
(3)
Subsections (1) and (2) shall not apply to licensed kennels or commercial locations keeping dogs for purpose of security.
(b)
All licenses issued under the provisions of this section shall be valid in every city or town during the then current year; provided that any person who shall become the owner or keeper of a dog shall cause the same to be licensed as aforesaid within 30 days after he becomes such owner.
(c)
Every owner or keeper of any dog found to be in violation of this section shall be fined $25.00.
(d)
Any person who fails to license his dog after April 30, shall in addition to the animal license fee, pay a late charge of $3.00.
(Code 1994, § 8-37; Ord. No. 96-007-O, 5-13-1996; Ord. of 12-14-1998; Ord. of 12-13-2004; Ord. of 9-29-2014(1); Ord. of 6-25-2018(1), § 1)
Sec. 8-133. - Dog license; fees; penalty.#
Every person, owner or keeper of a dog not licensed and/or not collared according to the provisions of this division shall be fined $10.00 to be applied to the support of the city, and that fine shall be in addition to all other lawful fees.
(Code 1994, § 8-37.1; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-134. - Vicious dogs and females in heat.#
(a)
Every female dog or other animals in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel or under control of a competent agent in such a manner that such female dog or other animals cannot come in contact with another dog or animal, except for intentional breeding purposes.
(b)
Any animal described in subsection (a) of this section found at large shall be impounded by the animal control officer and may not be reclaimed by owners unless such reclamation is authorized by any court having jurisdiction.
(c)
Any dog or other animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in section 8-74, but may not be reclaimed when so impounded on the second or subsequent occasions unless such reclamation is authorized by a court having jurisdiction in the matter.
(d)
When in the judgment of the animal control officer or any police officer in this city an animal should be destroyed for humane reasons, such animal may not be reclaimed.
(Code 1973, § 4-11; Code 1994, § 8-33; Ord. of 9-29-2014(1))
State Law reference— Order to confine or kill vicious dogs, G.L. 1956, § 4-13-19.
Sec. 8-135. - Sanitary conditions for the keeping of dogs.#
(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)
It shall be a violation of this chapter for an owner or keeper to:
(1)
Keep any dog on a permanent tether that restricts movement of the tethered dog to an area less than 113 square feet, or less than a six-foot radius at ground level.
(2)
Tether a dog with a choke-type collar or prong-type collar.
(3)
Keep any dog tethered for more than ten hours during a 24-hour period or keep any dog confined in a pen, cage or other shelter for more than 14 hours during any 24-hour period.
(d)
The provisions of this section shall not apply:
(1)
If the tethering or confinement is authorized for medical reasons in writing by a veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is provided;
(2)
If tethering or confinement is authorized in writing by an animal control officer;
(3)
To a training facility, grooming facility, commercial boarding kennel, licensed pet shop, animal shelter, municipal pound or veterinary facility,
(e)
Any person in violation of this section shall be given a warning for a first violation. Second and subsequent violations of this subsection can be considered a violation, subject to penalty. Each day of violation shall constitute a separate offense.
(Code 1994, § 8-44; Ord. of 12-14-1998; Ord. of 9-29-2014(1))
Sec. 8-136. - Presence on school or store property prohibited; exceptions; limitation on number to be kept.#
(a)
No dog shall be allowed in school yards or a school property, whether at large or under restraint, except service dogs.
(b)
No dogs shall be allowed in any stores or eating places within the city, whether at large or under restraint, except service dogs.
(Code 1994, § 8-45; Ord. of 12-14-1998; Ord. of 9-29-2014(1); Ord. of 6-25-2018(1), § 1)
Sec. 8-137. - Spaying or neutering required.#
(a)
No person shall own or harbor, within the City of Central Falls, any cat over the age of six months which has not been spayed or neutered, unless such person obtains an "intact" permit issued by the animal control officer to an individual upon request. Intact permits shall be issued only for:
(1)
Medical/health reasons.
(2)
A cat that the owner certifies to be a purebred show cat.
(3)
An unaltered cat if the owner signs a written statement that such animal will not be allowed to breed.
(b)
An annual fee for an intact permit shall be $100.00 per cat and shall be deposited in an account used exclusively by the city for the enforcement of laws pertaining to animals.
(c)
Cats exempted because of medical/health reasons are not required to pay the intact permit fee.
(d)
Any permit issued may be revoked if the animal control officer has reasonable cause to believe any of the following to be true:
(1)
The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this article;
(2)
The permittee refuses to allow inspection, upon 48 hours' written notice, of any cat covered by the permit or the premises on which the animal is kept;
(3)
The permittee has transferred, sold or otherwise disposed of the cat for which the permit was issued;
(4)
The permittee is in violation of any state health or safety law or regulation regarding animal care or control;
(5)
The permittee has violated the provisions of Chapter 4-19 of the General Laws of the State of Rhode Island entitled "Animal Care" or any other state or local ordinances relating to the keeping, care or use of any animal.
(e)
If, after investigation, the animal control officer concludes that it is probable that one or more of the above grounds for revocation has occurred, he/she shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an animal control officer. Said date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the animal control officer may modify the terns of the permit or revoke the permit; provided, further, that if the health or well-being of the animal is in danger, the animal control officer of the city may take custody and control of the animal until time that a hearing is conducted pursuant to this section.
(Ord. of 9-29-2014(1))
Sec. 8-138. - Abandonment of dogs or cats.#
If any dog or cat is abandoned, as determined by the animal control officer or a police officer, in a car, in a public place or on private property, by its owner or any person having charge or custody of that dog or cat, the officer(s) may take reasonable measures to rescue said dog or cat and that person shall, for each offense, be punished pursuant to § 4-1-2 of the General Laws of the State of Rhode Island, as follows: be imprisoned not exceeding 11 months or be fined not less than $50.00 nor exceeding $500.00, or both.
(Ord. of 9-29-2014(1))
Sec. 8-139. - Breeding of dogs and cats prohibited.#
The breeding of dogs and cats is prohibited in the City of Central Falls, unless provided a written exemption by the animal control officer.
(Ord. of 9-29-2014(1))
Sec. 8-140. - False information.#
Any person who intentionally gives false information to the animal control officer either verbally or in writing to evade the enforcement of the laws prescribed in this chapter shall be fined in an amount not less than $125.00, subject to trial and appeal in the municipal court.
(Ord. of 9-29-2014(1))
Secs. 8-141—8-155. - Reserved.#
DIVISION 2. - AGGRESSIVE DOGS#
Sec. 8-156. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aggressive dog means any dog which by the nature of its breeding and/or any combination of breeds would be considered to be a threat to the public safety by not being properly confined.
(Code 1994, § 8-47; Ord. of 9-13-1993, § 2A)
Sec. 8-157. - Declaration of purpose; nuisance declared; registration.#
(a)
It is hereby declared that dogs possessing an aggressive nature are becoming a widespread threat to the safety and welfare of citizens of the city in that aggressive dogs have in recent years assaulted without provocation and injured numerous individuals, particularly children, and have killed numerous other animals. Many of these attacks have occurred in public places as well as on private property. The number of these attacks is attributable to the failure of owners to register, confine and properly control aggressive dogs.
(b)
It is further declared that the necessity for the regulation and control of aggressive dogs is a governmental problem, requiring governmental regulation, and that existing ordinances are inadequate to deal with the threat to public health and safety posed by aggressive dogs.
(c)
It is further declared that the owning, keeping or harboring of aggressive dogs is a nuisance.
(d)
The city council hereby finds that the regulation and control of American pit bull dogs, staffordshire terrier dogs, pit bull mixes (pit bull) and rottweiler dogs and rottweiler mixes (rottweilers) in the city is a matter of vital concern affecting the public health, safety and welfare of all city residents. Experience from the city and all across the country has demonstrated that while most dogs make suitable pets, these are exceptionally dangerous and unpredictable dogs. Once provoked, they become uncontrollable and lethal weapons, posing significant dangers to unsuspecting and innocent people. In the past two years, 82 residents of the city have been attacked, hurt and maimed by pit bulls and rottweilers.
(e)
This division seeks to remedy this dangerous situation by regulating the ownership of pit bulls and rotweillers in the city. Given the population of the city, the council believes that such a division is necessary to protect the health, safety and welfare of its residents.
(f)
Any person having the custody, ownership or control of any pit bull or rotweiller must register (license) said dog by the age of six months, by filing the rabies certificate which is provided to the owner upon vaccination, with the city clerk. Said certificate shall require the following information:
(1)
Name, address and telephone number of the dog's owner;
(2)
Said owner shall inform the clerk of the address where the dog is harbored, if different from owner's address;
(3)
Dog's sex, color and rabies certificate tag number and other distinguishing physical characteristics of the dog, as well as proof of liability insurance of not less than $50,000.00 for such registration.
The fee for registration (license) shall be $12.00.
(g)
Any person found in violation of this article shall be fined $10.00 for the first offense, $15.00 for the second offense within a year and $25.00 for each subsequent offense within a year.
(h)
The animal control officer or any police officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article.
(Code 1994, § 8-46; Ord. of 9-13-1993, § 1; Ord. of 3-27-2000)
Sec. 8-158. - Enforcement of article.#
(a)
The animal control officer or any police officer is hereby empowered to seize and to impound any aggressive dog whose owner or keeper fails to comply with the provisions of this article.
(b)
Any violations of the provisions of this article are punishable in accordance with section 1-12 after the owner or keeper of any animal regulated under this article is adjudged guilty by the municipal court.
(c)
When an aggressive dog is not in its enclosure, the animal must be in the control of an adult while muzzled and restrained by a choke-chain leash.
(Code 1994, § 8-51; Ord. of 9-13-1993, § 4)
Sec. 8-159. - Enclosure required.#
The owner or keeper of an aggressive dog shall, on or prior to the time of placement of such animal on his property, have in place an enclosure approved by the animal control officer. Such enclosure shall consist of a chain link fence of eight feet in height, four feet in width and ten feet in length forming or causing a barrier suitable to prevent the entry of young children, and suitable to confine the animal. The enclosure shall be securely locked and be designed to prevent the animal from escaping. This enclosure shall have a cement patio type floor which will ensure that the animal will not be able to burrow out of its confinement, and which will also act as an exercise run. Such enclosure will also have a complete roof covering of suitable material so as to prevent the animals from jumping over and out of such enclosure.
(Code 1994, § 8-48; Ord. of 9-13-1993, §§ 2B, 3(b))
Sec. 8-160. - Sign required.#
The owner or keeper of an aggressive dog shall display a sign on his premises warning that there is an aggressive dog or a guard dog on the property. The sign shall be of a size and coloring that will be easily visible to the public and easily readable from the public roadway.
(Code 1994, § 8-49; Ord. of 9-13-1993, § 3(a))
Sec. 8-161. - Notice requirements of owner or keeper.#
The owner or keeper of an aggressive dog shall notify the animal control officer, police department, and the licensing authority, within one hour of the event, that the animal is on the loose, has attacked a human being, has died, been sold or been given away. If the animal has been sold or given away, the owner shall notify in writing the animal control officer with all of the pertinent information as to the new owner's name, address and a phone number where such new owner may be reached to verify all of this information.
(Code 1994, § 8-50; Ord. of 9-13-1993, § 3(c))
Sec. 8-162. - Pit bulls unlawful.#
(a)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Keeper means any person who possesses, keeps, exercises control over, maintains, harbors, transports or sells a pit bull, whether or not that person is the owner.
Owner means any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells a pit bull.
Pit bull means any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier; or any dog of mixed breed displaying the majority of physical traits of any one or more of the breeds mentioned in this section, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for any of the breeds mentioned in this section, the characteristics being identifiable even if there are technical deficiencies in any particular dog's conformance thereto; or any dog identifiable by a licensed veterinarian, animal control officer or any other knowledgeable person whose identification is deemed credible by the public safety director or the animal control officer, as having any American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier as any element of its breeding.
Secure temporary enclosure means a secure enclosure used for purposes of transporting a pit bull terrier and which includes a top and bottom permanently attached to the sides except for a door for removal of the pit bull. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own.
(b)
Restrictions. It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull dog.
(c)
Exceptions. The prohibition of this section shall not apply in the following enumerated circumstances:
(1)
The owner or keeper of a pit bull that is registered and licensed with any city clerk on the date of passage of the ordinance from which this section is derived may apply for a pit bull license to be renewed annually. After that date no pit bull licenses will be issued. Any owner or keeper, who has applied for and received a pit bull license in accordance with subsection (d) of this section, and who maintains the pit bull at all times in compliance with the pit bull license requirements of subsection (d) of this section and all other applicable requirements of this section, may keep a pit bull within the city. Notwithstanding the prohibition of subsection (a) of this section, in the event of the death of a licensed pit bull that was registered and licensed with the city clerk on the date of the passage of the ordinance from which this section is derived, the owner or keeper may own another pit bull and must apply for an annual pit bull license, provided that the owner or keeper has not at any time violated any provision of this article.
(2)
The city municipal animal shelter may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this section. (Municipal animal shelter shall also mean any contracted animal shelter.)
(3)
Any humane society operating an animal shelter which is registered and licensed by the city may temporarily hold any pit bull that is received or otherwise recovered, but only for so long as it takes to contact the city's municipal animal shelter and either turn the pit bull over to the animal shelter employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of subsection (e) of this section.
(4)
A person may temporarily transport into and hold in the city a pit bull only for the purpose of showing such a pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest, or show must receive written permission from the city council, must be provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the city to and from the place of exhibition, contest, or show, keep the pit bull confined in a secure temporary enclosure as defined in subsection (b) of this section.
(5)
Failure by the owner or keeper to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and/or disposal pursuant to subsection (e) of this section and shall operate to prevent the owner or keeper from asserting such exception as a defense in any prosecution under subsection (a) of this section.
(d)
Pit bull license requirements. The owner or keeper of any pit bull which had been licensed on or before the date of passage of the ordinance from which this section is derived, and that is allowed to apply for annual pit bull license shall at the time of the application for the annual pit bull license comply with or otherwise provide sufficient evidence that the owner or keeper is in compliance with all of the following regulations:
(1)
The owner or keeper of the pit bull shall keep current the license for such pit bull through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license. A pit bull license tag will be issued to the owner or keeper at the time of the issuance of the license. Such license tag shall be attached to the pit bull by means of a collar or harness, and shall not be attached to any other pit bull other than the pit bull for which it was issued. If the pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a $3.00 fee.
(2)
The owner or keeper must be at least 21 years of age.
(3)
The owner or keeper shall present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000.00, covering any damage or injury which may be caused by a pit bull during the 12-month period covered by the pit bull license. The policy shall contain a provision requiring the insurance company to provide written notice to the city clerk not less than 15 days prior to any termination of the policy and not less than five days subsequent to cancellation or expiration of the policy.
(4)
The owner or keeper, at the owner's or keeper's own expense shall have had the pit bull spayed or neutered and shall present to the city clerk documentary proof from a licensed veterinarian that this sterilization has been performed. This requirement shall be waived upon a written statement from a licensed veterinarian that the procedure should not or cannot be performed for reasons of the health or age of the animal. If funds are available through the animal control office spay/neuter account, the animal control officer will assist owners or keepers who are residents of the city seeking assistance for the spay/neuter of their dogs.
(5)
The animal control officer and the city clerk shall each maintain a file containing the license numbers, pit bull tag numbers, and the names and addresses of the owners and keepers. The owner or keeper shall notify the animal control officer and the city clerk in writing of any change of address.
(6)
At all times when a pit bull is at the property of the owner or keeper, the owner or keeper shall keep the pit bull confined, either in a secure, temporary enclosure, or within the premises of the owner or keeper or shall keep the pit bull securely leashed and muzzled.
(7)
The owner or keeper shall not sell or otherwise transfer the pit bull to any person except a member of the owner's or keeper's immediate family who will then become the owner or keeper and shall notify the city clerk within five days in the event that the pit bull is lost, stolen or dies, or has a litter. In the event of a litter, the owner or keeper must deliver the puppies to the city animal shelter for destruction or permanently remove the puppies from the city and provide sufficient evidence of such removal by the time the puppies are weaned, but in no event shall the owner or keeper be allowed to keep in the city a pit bull puppy born after the date of passage of the odinance from which this section is derived, that is more than eight weeks old. Any pit bull puppies kept contrary to the provisions of this subsection are subject to immediate impoundment and disposal pursuant to subsection (e) of this section.
(8)
The owner or keeper shall have posted at each possible entrance to the owner's or keeper's property where the pit bull is kept a conspicuous and clearly legible pit bull sign. Such pit bull signs must be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "PIT BULL DOG" in lettering not less than two inches in height.
(e)
Impoundment and disposal of unlicensed pit bull. Notwithstanding any provisions of this chapter, the animal control officer is authorized to immediately impound any pit bull found in the city which does not fall within the expectations listed in subsection (c) of this section, and the municipal animal shelter may house or dispose of such pit bull in such manner as the animal control officer may deem appropriate, except as the procedures in subsection (f) of this section otherwise require.
(f)
Appeal procedure; pit bull classification.
(1)
When the animal control officer has impounded any pit bull dog pursuant to this section, and the owner or keeper of such dog disputes the classification of such dog as pit bull, the owner or keeper of such dog may appeal the decision by filing a written petition with the animal control officer for a hearing concerning such classification no later than seven days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The animal control officer will then issue a notice of hearing date by mailing a copy to the petitioner's address no later than ten days prior to the date of the hearing. Where the animal control officer receives no written request from the owner or keeper for a hearing within seven days of impoundment, the pit bull shall be destroyed.
(2)
The hearing, if any, will be held before the panel regarding dogs created by G.L. 4-13.1-11. Any facts which the petitioner wishes to be considered shall be submitted under oath or affirmation in writing or orally at the hearing. The panel shall make a final determination whether the dog is a pit bull as defined in subsection (b) of this section. Such final determination shall be considered a final order of the city council, subject to review under the state rules of civil procedure.
(3)
If the dog is found to be a pit bull, it shall be destroyed, unless the owner or keeper produces evidence deemed sufficient by the city council that the pit bull is to be permanently taken out of the city and the owner or keeper pays the cost of impoundment. If the dog is found not to be a pit bull, the dog shall be released to the owner or keeper, with no impoundment fees imposed, unless the animal was impounded as a result of being at large. The procedures in this section shall not apply to any dog which was impounded as the immediate result of an attack or bite. In those instances, the dog shall be handled and the procedures governed by the provisions of G.L. 1956, § 4-13.1-1 et seq.
(g)
Enforcement penalties.
(1)
The animal control officer shall receive the assistance of the police department in carrying out the enforcement provisions of this section.
(2)
Upon warrant issued by the district court, the animal control officer may enter any residence or business for the enforcement of this section.
(3)
Any pit bull, after the effective date of the ordinance from which this section is derived, which is found by the animal control officer not to be licensed as defined in subsection (c) of this section, or kept according to the provisions of subsection (d) of this section, is subject to immediate impoundment.
(4)
The owner or keeper of any pit bull which is not subject to the prohibition of subsection (a) of this section, whose dog is found in violation of any part of this section, shall be subject on a first offense to a fine of not more than $250.00; on a second offense to a fine of not more than $500.00; and on a third offense to a fine of not more than $1,000.00.
(5)
The owner or keeper of any pit bull which is subject to the prohibition of subsection (a) of this section, and which is found in violation of any part of this section, shall, on a first offense be subject to a fine of not more than $500.00; on a second or subsequent offense to a fine of not more than $1,000.00, and the dog shall be subject to immediate impoundment pursuant to subsection (e)of this section.
(6)
The owner or keeper of any pit bull which is found in violation of any part of this section shall be subject to a term of imprisonment of not more than 30 days.
(Ord. No. 2708, § 8-52, 12-11-2003; Ord. of 5-12-2008(3), § 8-52; Ord. of 9-15-2008)
Secs. 8-163—8-192. - Reserved.#
ARTICLE VI. - PIGEONS#
DIVISION 1. - GENERALLY#
Secs. 8-193—8-222. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 8-223. - Required.#
It shall be unlawful for any person to keep or maintain pigeons in the city without a license therefor granted by the city council.
(Code 1973, § 4-14; Code 1994, § 8-81; Ord. of 9-29-2014(1))
Sec. 8-224. - Application.#
Application for a license to keep pigeons in the city may be made annually to the city clerk in the month of November and shall be accompanied by the currently required license fee.
(Code 1973, § 4-15; Code 1994, § 8-82; Ord. of 9-29-2014(1))
Sec. 8-225. - Issuance, denial and revocation.#
(a)
The city council shall grant or deny a license to keep pigeons at its first regular meeting in December or as soon thereafter as it deems reasonably practical. In granting or denying such license, the city council shall take into consideration the character of the applicant, his past performance in the keeping and control of pigeons, the effect of such keeping on the health and property of residents of the city, the complaint of neighbors, the number of pigeons intended to be kept, and the sanitary facilities of the coop or loft in which the pigeons are to be kept.
(b)
In no instance shall a license under this division be granted to a person who keeps pigeons in a building also used for living purposes.
(c)
The council shall have the right in granting a license to limit the number of pigeons to be kept, and may deny or revoke a license when it is satisfied that the licensee has not kept or will not keep or control his pigeons in a manner that will prevent damage to the health or property of residents of the city.
(Code 1973, § 4-16; Code 1994, § 8-83; Ord. of 9-29-2014(1))