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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)