The text
Footnotes:
--- (1) --- Editor's note— Chapter 449, § I, adopted May 6, 2008, amended Chapter 3 in its entirety to read as herein set out. Former Chapter 3, Animals, pertained to similar subject matter. See also the Code Comparative Table.
Cross reference— Health and sanitation, ch. 7; rodent control, § 7-26 et seq.; protection of bird feed from rodents, § 7-32; protection of animal feed from rodents, § 7-33; animals on sidewalks, § 14-38.
State Law reference— Animals generally, G.L. 1956, Tit. 4; maximum penalty for violation of dog ordinance, G.L. 1956, § 4-13-1; cruelty to animals, G.L. 1956, § 4-1-1 et seq.; poisoning animals, G.L. 1956, § 4-13-13; power of council to regulate dogs, G.L. 1956, § 4-13-1; town ordinances, contagious diseases, G.L. 1956, § 4-4-18; municipal regulation of animals, G.L. 1956, § 23-19.2-1; animals at large, G.L. 1956, § 4-15-1 et seq.; estrays, G.L. 1956, § 4-16-1 et seq.; local regulation of cattle, G.L. 1956, § 23-19.2-9.
ARTICLE I. - IN GENERAL#
Sec. 3-1. - 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:
Abandonment means the relinquishment of all right, title, claim, or relinquishment of possession of an animal with the intention of not reclaiming it or resuming its ownership or possession.
Adequate food means the provision at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish, or container.
Adequate shelter means access a structure that is the proper size for the dog, impervious to moisture, has protection from the direct rays of the sun, and has a wind break at the entrance. This includes but is not limited to a dog house, barn, garage, shed or other structure sufficient to protect the animal from wind, rain, snow, or sun that has adequate bedding to protect against cold and dampness.
Adequate water means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner.
Adoptable animal means any animal legally allowed to be kept in the custody of the East Providence Animal Control Center; (a) which has been held beyond the statutory period as set forth in G.L. 1956 § 4-13-15 and § 4-22-5 or section 3-26 of this chapter; and (b) which has been deemed by the animal control officer, under the direction of a veterinarian, to be of reasonably sound health; and (c) which does not pose a threat to public safety.
Aggressive dog means: (1)
Any dog which makes (or poses) a threat of harmful behavior directed at a person or domestic animal. This includes, but is not limited to, such behavior as snarling, growling, snapping, nipping biting, and lunging. {Reference: article by Animal Behaviorist Dr. Nicholas Dodman "Aggression in Dogs" from Tufts University Veterinary School.}
(2)
Any dog which is deemed to be a potential threat to public safety, due to aggressive behavior observed by the animal control officer.
Ambient temperature means the temperature surrounding the animal.
Animal control officer means the person employed by the city as its enforcement officer, including any police officer of the city.
At large means any dog or other animal off the property of his owner.
Attractant means any substance which could reasonably be expected to attract, or does attract, coyotes or other non-domesticated animals, including, but not limited to, garbage, food products, pet food, carcasses, feed, grain.
Breeder means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, or other breed or kennel club, or a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.
Common property or common area means: (1)
Real property owned by "tenants in common," who each have an "undivided interest" in the entire property.
(2)
Property managed by a homeowners association in a condominium project or a subdivision development, which all owners may use and each owns a percentage interest.
(3)
Lands owned by the government for public (common) use, like parks and national forests.
(4)
Any area where access is permitted and/or necessary by more than one resident of a property, or an area of shared property, i.e., a single yard at a two-family house, or the grounds of a housing or condominium complex, or a hallway of an apartment building.
Collared means the wearing around the neck of a collar with a dog license attached and a valid rabies tag attached and/or a separate tag with the name, address, and phone number of the owner or keeper distinctly impressed thereon.
Disability has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990," 42 U.S.C. Sec. 12101 et seq., as amended.
Dog park means any park, or section of a park, designated by the director of department of public works, where the definition of "restraint" is relaxed to mean when a dog is under verbal control of its owner, and where dogs may be allowed to nm freely without being leashed.
Dog pound means any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this chapter. The terms pound, animal pound, animal control center will have the same meaning as dog pound; these terms may be used interchangeably.
Enclosure means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine an aggressive or vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the aggressive or vicious dog. Such enclosure shall be securely enclosed and locked.
Exposed to rabies shall be defined by the current legal guidelines set forth by the Rhode Island Rabies Management Protocol.
Feeding means: (1)
To give food to, or the act of giving sustenance or nourishment to,
(2)
The leaving of food of any kind where it is accessible to coyotes or other non-domesticated animals.
Food means: (1)
Any nutritious substance that animals eat or drink in order to maintain life and growth, for the context of article VI, all substances consumed by humans or animals for nourishment except grass and other vegetation, growing crops, and food that is canned or stored in sealed or closable containers.
Guardian means a person(s) having the same rights and responsibilities of an owner, and both terms shall be used interchangeably. A guardian shall also mean 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.
Hobby breeder means those persons whose regular occupation is not the breeding and raising of dogs or cats and whose method of sale is at retail only. A hobby breeder shall not exceed selling 20 dogs or cats, or three litters, whichever is greater, in a single calendar year. Any person who sells at retail a number in excess of these limits or who sells any number of pets commercially shall be considered a breeder.
Kennel means any person engaged in the commercial business of breeding, buying, selling or boarding dogs.
Leashed means a dog has a cord or chain, no longer than six feet in length, attached to its collar or harness and is held in the hand by the owner or a competent person leading such dog.
Minimum care means care sufficient to preserve the health and well-being of an animal and, except for emergency circumstances beyond the reasonable control of the owner and/or guardian, includes, but is not limited to, the requirements set forth in section 3-24.
Minimum veterinary care means veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease.
Neutered male means any male animal surgically rendered unable to reproduce.
Owner means: (1)
Any person who keeps, has permanent custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for an animal or permits an animal to habitually remain on or be lodged or fed within such person's property or premises; and
(2)
Any person who refuses to permit any animal control officer to impound such animal shall be deemed as evidence of ownership unless ownership of the animal by another party is established.
Restraint means when a pet is leashed, carried, contained in a crate or "pet carrier" designed to hold animals, or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
Service dog has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990," 42 U.S.C. Sec. 12101 et seq.
Service dog in training means a dog or puppy that has been selected for service dog work and is being handled by a service dog trainer.
Service dog trainer means a competent dog trainer who is providing individual training of a dog or puppy with the intention of having the dog or puppy become a working service dog that will perform tasks for a disabled person.
Spayed female means any female animal which has been operated upon to prevent conception.
Tether means the practice of fastening a dog to a stationary object or stake by a chain, rope or other cord type device as a means of controlling or restraining the dog. A dog being walked on a leash is not tethered.
Veterinarian means a person licensed to engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an accredited veterinary medical, surgical, and dental school or college of a standard recognized by the Rhode Island Veterinary Medical Association.
Vicious dog means: (1)
Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, common property or common area, or any public grounds or places, or which has been determined to be vicious according to G.L. § 4-13.1-11.
(2)
Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals, or which has been determined to be vicious according to G.L. § 4-13.1-11.
(3)
Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private or common property or which has been determined to be vicious according to G.L. § 4-13.1-11.
(4)
Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(Ch. 449, § I, 5-6-08; Ch. 557, § I, 6-5-12; Ch. 755, § I, 12-3-19; Ch. 773, § I, 6-16-20; Ch. 806, § I, 7-20-21)
Cross reference— Rules of construction and definitions, § 1-2.
State Law reference— Similar provisions, G.L. 1956, §§ 4-1-2, 4-13.1, 4-19.
Sec. 3-2. - Keeping animals, fowl, generally.#
No owner or occupant of any dwelling shall keep or permit to be kept any sheep, hogs, goats, cattle, horses, fowl, geese or ducks in any dwelling house, cellar or garage, nor shall any person have any such animals kept within the city, except under such special conditions as may be prescribed by the animal control officer.
(Ch. 449, § I, 5-6-08)
Sec. 3-3. - Running at large.#
It shall be unlawful for any horses, goats, hogs or cattle of any kind or for any geese, turkeys, hens, ducks or domestic fowl of any kind to go at large within the city.
(Ch. 449, § I, 5-6-08)
Sec. 3-4. - Reserved.#
Editor's note— Ch. 755, § I, adopted December 3, 2019, repealed § 3-4. Former § 3-4 pertained to entry upon posted land and derived from Ch. 449, § I, adopted May 6, 2008.
Sec. 3-5. - Keeping rabbits, hares or pigeons.#
(a)
No person shall keep, maintain, cause or permit to be kept or maintained more than three live rabbits or hares upon any lot, parcel or premises within the city.
(b)
No person shall keep, maintain, cause or permit to be kept or maintained pigeons upon any lot, parcel or premises within the city which create a nuisance.
(1)
A nuisance shall exist whenever it shall be affirmed in writing by one or more persons having separate residences or who are regularly employed in the neighborhood that the pigeons are a nuisance by reason of defecating on their property, cooing, or in any other manner causing undue annoyances.
(2)
The animal control officer is empowered, if he finds such nuisance to exist, to serve verbal or written notice upon the owner or custodian that such nuisance must be abated.
a.
Should the nuisance continue unabated beyond a reasonable amount of time, set forth by the animal control officer, the owner of said animal may be punished by payment of the fines as set forth by section 3-10(b) and/or be required to remove the animals from the city.
(i)
Each additional animal shall constitute a separate offense.
(ii)
Each additional day that the nuisance continues unabated shall constitute a separate offense.
b.
The owner of any such animal convicted of violating this provision may be punished by payment of the fines as set forth by section 3-10(b). Each additional animal shall constitute a separate offense.
(Ch. 449, § I, 5-6-08; Ch. 557, § II, 6-5-12; Ch. 755, § I, 12-3-19)
Sec. 3-6. - Kennels, licensure and inspection, fees.#
All municipal kennel licenses shall expire annually on December 1. All license applications must be submitted to the office of the city clerk. (a)
Kennel license fee $100.00 Annually.
(1)
All kennel licenses shall be approved by the city council.
(2)
All kennels must be located in an area consistent with the East Providence Zoning Ordinances.
(3)
All kennels must be inspected by the animal control officer (A.C.O) prior to the granting of a license by application, and annually thereafter upon renewal.
(4)
All kennels must also maintain a state license in accordance with G.L. 1956 § 4-19-6.
(b)
Animal control is hereby authorized and directed to make kennel inspections to protect the health, safety and welfare of the pets and of the general public.
(1)
The A.C.O. shall make yearly inspections of kennels or locations applying for license renewal within the three-month period prior to effective license renewal date of December 1 of each year, or upon receiving a complaint.
a.
It shall be the responsibility of the property owner or his designated agent to arrange for inspections by the building inspector, minimum property inspector, animal control and the fire marshal.
b.
It shall be the responsibility of the property owner to pay any fees incurred as a result of these inspections.
c.
It shall be the responsibility of the property owner to present documentation of approved inspections from the building inspector, minimum property inspector, animal control, and fire marshal upon application for license or license renewal.
(c)
Kennels shall be open to inspection at any time for the purpose of checking the well-being of pets being kept on the premises.
(d)
Breeder permits as provided in section 3-62 of this chapter.
(e)
Require any facility that boards any animals for more than 24 hours that does not have staffing for more than 24 hours that a sprinkler system be required for the safety and welfare of the animals.
(Ch. 755, § I, 12-3-19)
Sec. 3-6.1. - Right of entry for inspection.#
The building inspection division or any person designated by it for that purpose, the fire marshal, and animal control are hereby authorized to enter and inspect all licensed kennels, animal day care, breeding or grooming facilities or those locations applying for such license.
(Ch. 755, § I, 12-3-19)
Sec. 3-6.2. - Revocation of license.#
A kennel licensee may have its license revoked at any time, after a hearing, for: (1)
Failure to maintain a clean, safe environment for any animals in their care. The current Tufts Animal Care and Condition (TACC) or similar scale or the observations of the animal control officer or other official may be used for determining the level of care.
(2)
Conviction or plea of nolo contendere of license holder or any staff member of any violation of G.L. Chapter 4-1 entitled Cruelty to Animals, or conviction of any animal cruelty statutes in other states, or conviction of any violations of sections 3-14, 3-23, 3-24, 3-24.1, 3-29, 3-30.1, 3-41, 3-51, or 3-54 of this chapter.
(3)
Failure to maintain proper state licensing.
(Ch. 755, § I, 12-3-19)
Sec. 3-6.3. - Penalties for operation of a kennel without a license.#
(a)
Any person or organization who operates as a kennel without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be subject to the penalties in section 1-16 of the Code of Ordinances. Each day of operation shall constitute a separate offense. Advertisement of services consistent with the operation of a kennel shall be sufficient evidence of operation of a kennel.
(b)
Any animals being held by any person or in any facility that is operating as an unlicensed kennel or whose license has been revoked, may be impounded for safekeeping.
(1)
All pound fees and costs associated for the keeping of pets held due to violation of this section shall be paid by the operator or owner of the unlicensed entity. All fees to be recovered in the manner provided in section 3-8 of this chapter.
(2)
Any animals may be released to their owners upon providing proof of ownership.
(3)
All pet dispositions shall be as provided in section 3-26 of this chapter.
(Ch. 755, § I, 12-3-19)
Sec. 3-7. - Impounding, reclaiming, euthanizing of animals.#
(a)
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.
(b)
Any animal other than a dog impounded under the provisions of this chapter may be reclaimed by the owner upon the payment of impoundment fees, unless the animal in question is one deemed to be unlawful to be kept, in which case the owner will have no claim to said animal, and the animal may be disposed of according to law. Owner shall be liable for all pound fees and costs associated with the impounding and disposition of said animal(s).
(c)
Any animal other than a dog impounded under the provisions of this chapter 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 for in section 3-32 or placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the city, provided 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 state law, such law shall be complied with.
(Ch. 449, § I, 5-6-08; Ch. 755, § I, 12-3-19)
Sec. 3-8. - Impoundment fees.#
Any animal impounded under the provisions of this chapter may be reclaimed upon payment by the owner to the clerk, or animal control officer, at the animal control center the sum of $20.00 and the additional sum of $5.00 for each day such animal is kept. The owner shall be responsible for impoundment fees and any other additional fees incurred by the city; such payment shall be collected by the clerk or animal control officer at the animal control center. Any owner who refuses to pay or is unable to pay these fees and/or costs shall be given a court summons with the total amount owed for assessment and review by municipal court.
(Ch. 449, § I, 5-6-08)
Sec. 3-9. - Certain dogs and other animals to be confined; keeping of wild animals.#
(a)
The owner of every fierce, dangerous, aggressive, or vicious dog or other animal shall confine such animal within a building or secure enclosure and not take it out of such building or secure enclosure except as provided in G.L. 1956, § 4-13.1-4.
(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 manner that such female dog or other animal cannot come in contact with another dog or animal, except for intentional breeding purposes.
(c)
Any animal described in subsections (a) and (b) of this section found at large shall be impounded by the animal control officer and may not be reclaimed by the owner, keeper or person having charge or custody of the animal until payment to the clerk, or animal control officer, at the animal control center has been made as provided in section 3-8. Any dog or other animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in section 3-32, but such animal 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, provided that when in the judgment of the animal control officer or any police officer in the city an animal should be destroyed for humane reasons, such animal may not be reclaimed.
(d)
No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the animal control officer, provided 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 that escapes and is found at large may be destroyed by the animal control officer or any police officer of the city.
(e)
Any owner, custodian or person harboring any fierce, dangerous or vicious animal that shall bite or otherwise inflict any injury on any person shall be subject to a fine of $125.00 for the first offense, a fine of $150.00 and ten days in jail for the second offense, and a fine of $175.00 and 30 days in jail for the third and any subsequent offense.
(Ch. 449, § I, 5-6-08)
Sec. 3-10. - Nuisance abatement.#
(a)
The keeping or harboring of any dog, other animal or fowl, whether licensed or not, which by howling, yelping, barking or other noise disturbs or annoys a surrounding neighbor is unlawful and is hereby declared to be a public nuisance; and each day shall constitute a separate offense.
(b)
It shall be unlawful 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. The trespassing of any animal on private or public property is hereby declared to be a nuisance. The owner of any such animal convicted of violating this provision may be punished by payment of the following fine:
(1)
1 st offense .....$50.00
(2)
2 nd offense .....$75.00
(3)
Upon the third offense, the owner must pay a $100.00 fine and such animal may be impounded by the animal control officer.
(c)
[Reserved.]
(d)
Whenever it shall be affirmed in writing by one or more persons having separate residences or who are regularly employed in the neighborhood that any animal is a nuisance by reason of trespassing, howling, barking or other noise, damaging property, being vicious or by its actions potentially vicious, or in any other manner causing undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve verbal or written notice upon the owner or custodian that such nuisance must be abated.
(e)
It shall be unlawful to allow or permit any animal to deposit feces on private or public property other than the property of the animal owner without immediately removing same. Any person that shall allow or permit any animal to deposit feces, without immediately removing same, on private or public property shall be punished by a fine of not less than $50.00 for the first offense; not less than $75.00 for the second offense; and not less than $125.00 for the third and subsequent offense.
(1)
Means of removal. The owner or custodian must carry on their person some means of feces removal when walking a dog off of the owner's property or on common property, whether it be a "pooper-scooper," plastic bag, latex or other type of glove, etc. Failure to carry means of removal will be considered the same as violating section 3-10(e) and penalties will be pursuant to section 3-10(e).
(2)
Enforcement. Any resident who witnesses a violation of the above section on his/her property or on a public sidewalk adjacent to his/her property may file a complaint with city animal control, providing all information necessary for a warning or citation to issue to the violator and promising to be available to testify in court should the complaint result in a citation being issued. The violator may receive a warning upon the first complaint. Upon the filing of a second or subsequent complaint against the same violator, a citation shall be issued, service of which shall be deemed sufficient if mailed to the last known address of the violator. For the purposes of penalties, it shall be deemed a first offense when the first citation was issued.
a.
Failure to appear. Should any witness to a violation in this chapter who makes promise to testify in court for citation to be issued, who does not appear in court for the court date issued, in addition to any other penalties for failure to appear, shall be punished by a fine of $50.00.
(f)
It shall be unlawful to allow or permit any animal upon those areas of public parks designated as sport playing fields.
(Ch. 449, § I, 5-6-08)
Sec. 3-11. - 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.
(Ch. 449, § I, 5-6-08)
Sec. 3-12. - Enforcement of chapter.#
The provisions of this chapter shall be enforced by the animal control officer, who will, after appointment, become a special police officer of the city, and by any police officer of the city.
(Ch. 449, § I, 5-6-08)
Sec. 3-13. - Right of entry of officers.#
In the discharge of the duties imposed by this chapter, the animal control officer or 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 chapter. Such authority shall not include the right to enter any residence on the premises. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises.
(Ch. 449, § I, 5-6-08)
Sec. 3-14. - Interference with officer prohibited.#
No person shall interfere with, hinder or molest the animal control officer or any police officer of the city in the performance of his duties or seek to release any animal in the custody of the animal control officer or any police officer, except as provided in this chapter nor shall any person refuse to surrender an animal for quarantine. Any person who so interferes with, hinders, or molests any officer of the city or refuses to release a dog from quarantine shall be punished by a fine of $200.00.
(Ch. 449, § I, 5-6-08)
Sec. 3-15. - 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 these cases;
(3)
All impoundment 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.
(Ch. 449, § I, 5-6-08)
Sec. 3-16. - Penalty.#
(a)
Except as otherwise provided in this chapter any person convicted of violating any provision of this chapter may be punished by payment of the following fine schedules:
a.
First offense .....$30.00
b.
Second offense within a year .....$60.00
c.
Third offense within a year .....$120.00
d.
Fourth offense within a year .....$300.00
(1)
Allowing dog to run at large or harboring a dog which is a nuisance:
a.
First offense .....$30.00
b.
Second offense within a year .....$60.00
c.
Third offense within a year .....$120.00
d.
Fourth offense within a year .....$300.00
(2)
Harboring an unlicensed dog: .....
a.
First offense .....$50.00
b.
Second offense, plus microchip of dog .....$200.00
c.
Third offense, plus microchip of dog .....$500.00
(3)
Allowing a dog on school property .....$25.00
(b)
The fine can be paid by mail within seven days to the clerk of the municipal court, or if not paid within a seven-day period, a court summons is to be issued in the municipal court.
(Ch. 449, § I, 5-6-08; Ch. 557, § III, 6-5-12)
State Law reference— Similar provisions, G.L. 1956, § 4-13.1-9(4)(d)(2).
Sec. 3-17. - Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.#
(a)
(1)
No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered within 30 days of the adoption date or within 30 days from the date that the dog or cat reaches sexual maturity, with the cost of the spaying or neutering to be the responsibility of the adopting party.
(2)
The written agreement must include the dog or cat's age, sex, and general description; the date of adoption and the date by which the dog or cat must be spayed or neutered; the adopting party's name, address, phone number, and signature; the licensed releasing agency's name, address, phone number, and the dollar amount of the deposit remitted.
(3)
There shall be a spay/neuter program at the city animal shelter for animals, which program shall be adopted by the animal control officer with the approval of the mayor. There shall be an adoption fee for animals adopted from the city animal shelter set by the animal control officer subject to the approval of the mayor.
(4)
Alternatively, the licensed releasing agency shall make appropriate arrangements for the spaying or neutering of the dog or cat by a licensed veterinarian and have the surgery completed before releasing the dog or cat to the adopting party.
(b)
The following are exemptions from the provisions of subsection (a):
(1)
a.
A licensed releasing agency returns a stray dog or cat to its owner.
b.
A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.
c.
A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian's report.
d.
A licensed releasing agency transfers a dog or cat to another licensed releasing agency.
(2)
The exemptions provided in subsections (1)b. and (1)c. above are only applicable if the licensed releasing agency receives a written report from a licensed veterinarian within the 30-day period during which the spaying or neutering would otherwise be required, or in the case of a report contemplated by subsection (1)b., the report may be provided to the licensed releasing agency during any temporary extension period provided by subsection (1)c., if the health condition of the dog or cat has changed.
(c)
If requested to do so, a licensed releasing agency shall refund deposited funds to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the expiration of the period during which the spaying or neutering was required to be completed.
(d)
Any and all licensed releasing agencies:
(1)
May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and
(2)
Shall make a good faith effort to cause an adopting party to comply with this section.
(Ch. 449, § I, 5-6-08; Ch. 755, § I, 12-3-19; Ch. 877, § I, 6-6-23)
Sec. 3-18. - Forfeited deposits.#
Deposits required by section 3-17 which are unclaimed after 60 days from the date of adoption or 60 days from when the dog or cat reaches sexual maturity, whichever is later, will be forfeited by the adopting party and retained by the licensed releasing agency and shall be used for the following purposes: (1)
A public education program to prevent overpopulation in dogs and cats;
(2)
A program to spay and neuter dogs and cats that are available for adoption by the licensed releasing agency;
(3)
A follow-up program to assure that dogs and cats adopted from the licensed releasing agency are spayed or neutered; and
(4)
To defray additional costs incurred by the licensed releasing agency in complying with section 3-17.
(Ch. 449, § I, 5-6-08)
Sec. 3-19. - Penalties for violations.#
(a)
Violations of the provisions of section 3-17 or the written agreement executed pursuant to section 3-17 by an adopting party are punishable by a fine of $50.00 for the first offense, $150.00 for the second offense and $400.00 for the third and subsequent offenses. Each and every incidence of non-compliance by an adopting party which continues unremedied for 30 days after written notice of a violation under this section constitutes a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the licensed releasing agency from which it was adopted, which licensed releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the licensed releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of section 3-17 and section 3-19 will be enforced against an adopting party by a city dog officer or a police officer and prosecution shall be before the municipal court.
(b)
Violations of section 3-17 or section 3-18 by a licensed releasing agency are punishable by a fine of $100.00 for the first offense, $250.00 for the second offense and $500.00 for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the licensed releasing agency's license to operate.
(c)
All fines collected under subsection (a) of this section will be remitted to the city clerk. These fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) will be remitted to the general treasurer and placed in a separate fund within the general fund to be called the "animal health fund" which shall be administered by the general treasurer in the same manner as the general fund. All funds deposited in the "animal health fund" shall be made available to the department of environmental management division of agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement of G.L. 1956 §§ 4-19-16, 4-19-17 and 4-19-18.
(Ch. 449, § I, 5-6-08)
Sec. 3-20. - Violation of persons feeding wildlife.#
(a)
No persons shall deposit, place, distribute, or leave any food items of any kind or nature on public property or property subject to the city right-of-way, or property subject to easement or other agreement giving the city control or use of the property, save and except in a receptacle provided by the city for that purpose.
(b)
No person shall feed any animal, including, but not limited to, birds, wildlife or waterfowl, on public property, or property subject to the city right-of-way, or property subject to easement or other agreement giving the city control or use of the property.
(c)
Any person who shall violate or fail to comply with any provision of this section shall be punished by the manner prescribed in section 3-73.
(Ch. 449, § I, 5-6-08; Ch. 755, § I, 12-3-19; Ch. 806, § II, 7-20-21)
Sec. 3-21. - Euthanization by lethal injection only.#
Within the city, any domestic animal subject to destruction under the laws of the state or the ordinances of the city shall be euthanized by lethal injection only. No animal, domestic or wild, may be destroyed by use of a gas chamber. In an emergency situation where the animal will needlessly suffer, the animal control officer (ACO), may at his discretion euthanize said animal by use of firearm.
(Ch. 449, § I, 5-6-08)
Sec. 3-22. - Animal pound.#
The operation of the city animal pound shall be under the supervision of the police department. The police department shall exercise such powers and duties as may be necessary to properly maintain and operate the animal pound.
(Ch. 449, § I, 5-6-08; Ch. 755, § I, 12-3-19)
Sec. 3-23. - Giving false information — Filing false report.#
Every person who shall knowingly make or cause to be made a false statement, either oral or written, with intent that it be relied upon by animal control, including information giving regarding animal ownership, shall be deemed guilty of obstructing or hindering an officer and shall be punished by a fine of $200.00.
(Ch. 449, § I, 5-6-08)
Sec. 3-24. - Minimum care of animals.#
(a)
An owner or guardian of any animal must provide daily proper nourishment and access to adequate water at a drinkable temperature, quality and quantity as required by the species, breed, size, and age of the said animal, which will allow and foster normal growth and maintenance of body weight.
(b)
An owner or guardian of any animal must maintain a sanitary environment, which is dry and free of accumulated feces, and free of debris and garbage that may clutter the environment so as not to inhibit comfortable rest, normal posture and range of movement or pose a danger to or entangle an animal, this as set by the industry standard for the environmental health scale as set forth in the most recently adopted version of the Tufts animal care and conditions scale (TACC).
(c)
An owner or guardian of any animal must maintain said animal's health with minimum veterinary care, and a healthy physical condition as set by the industry standard for the body condition scale, and physical care scale as set forth in the most recently adopted version of the Tufts animal care and conditions scale (TACC).
(Ch. 449, § I, 5-6-08)
Sec. 3-24.1. - Abandonment of animals.#
If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure, in addition to any other lawful penalties, he or she shall pay a fine of $200.00.
(Ch. 557, § IV, 6-5-12)
Sec. 3-25. - Penalties for violations.#
(a)
Any animal control officer may issue the person(s) in violation of sections 3-24; 3-25; 3-27; 3-41 a fine of $100.00 for a first violation, $200.00 and seizure of animal for a second violation, and $400.00 and the seizure of the animal for a third violation. Second and subsequent violations of section 3-24 or section 3-41 may be considered violation of G.L. 1956, § 4-1-2. In addition, for second and subsequent offenses, in the event a person is found guilty of a violation of this chapter, they may not be permitted to own, keep or harbor or have custody of any animal for a minimum of one year.
(b)
In the event that any animal is in conditions or in an environment that, by the discretion of the animal control officer, may be harmful to the health and well-being of the animal, and for the first offense, the owner is not immediately available to correct the problem, the animal may be seized and impounded for safekeeping.
(Ch. 449, § I, 5-6-08; Ch. 557, § V, 6-5-12)
Sec. 3-26. - Disposition of animals.#
(a)
Any animal seized in the enforcement of any law or court order that does not already have set rules for the disposition of that animal, shall be impounded, and if the identity of owner is known by animal control, the animal control officer shall make every possible, reasonable effort to notify the owners of such animals so impounded and to inform the owners of the conditions whereby they may regain custody of their animal. Animal(s) seized will then be held for a period of ten days, at the owner's expense, unless (i) a release is signed by owner or guardian relinquishing ownership of the animal to the city, (ii) the animal is euthanized for humane reasons, or (iii), the owner remedies the problem for which the animal was seized, and the animal control officer sees it fit to return the animal to the owner upon payment of fees. Upon conclusion of the ten-day hold period, if the owner has not come forward, the animal may be humanely destroyed, have its title transferred to the Rhode Island S.P.C.A., or be placed in a suitable home or with a rescue group. The owner/guardian shall be accountable for all fines, fees, and costs to the city for the minimum care of the animal.
(b)
In addition to any other applicable law regarding the disposition of domestic animals, the animal shelter shall meet the following conditions before euthanizing an adoptable animal pursuant to this section:
(1)
There are no empty cages, kennels, or other living environments in the shelter suitable for the animal; and
(2)
Another municipal or private animal shelter or Rhode Island incorporated animal organization is unwilling to accept the animal; and
(3)
The animal control officer or manager of the animal shelter has certified that the above conditions have been met or that he/she has no reasonable alternative.
(c)
Section (b) above shall not apply under the following exceptions:
(1)
There is an emergency situation where an animal will needlessly suffer. The animal control officer (ACO) or any police officer may immediately, at his/her discretion, euthanize said animal by use of firearm.
(2)
The existence of any law or court order that requires the euthanasia of an animal.
(3)
A licensed veterinarian certifies that an animal must be euthanized for humane reasons.
(Ch. 449, § I, 5-6-08; Ch. 557, § VI, 6-5-12; Ch. 755, § I, 12-3-19)
Sec. 3-27. - Keeping of potentially dangerous species.#
It shall be unlawful for any person to keep or permit to be kept any "potentially dangerous species," defined as any exotic mammals, birds, reptiles, or amphibians, or non-game species which, in the opinion of the city, is capable of inflicting serious or fatal injury or which has the potential to become an agricultural pest, or a menace to public health, or indigenous wildlife populations, including, but not limited to, the following: CLASS/
ORDER FAMILY
Primates Cebidae—New world monkeys
Cercophithecidae—Old world monkeys
Baboons
Pongidae—Apes
Carnivora Canidae—Nondomestic dogs (or) domestic/nondomestic mixes
Urisdae—Bears
Felidea—Nondomestic cats
Saura
(Venomous) Helodermatidea—Gila monsters
Serpentes (Venomous) Elapidae—Coral snakes and cobras
Viperidae—Vipers
Crotalidae—Pit vipers
Crocodilla Alligatoridae—Alligators and caiman
Crocodylidae—Crocodiles
Gavialidae—Gavials
Psittaciformes
(Quaker) Myiopsitta spp.—Monk parakeets
Rodentia Spermophilus spp.—Ground squirrels
(Ch. 449, § I, 5-6-08)
Sec. 3-28. - Owner turn-in fees and policies; deceased animal disposal fees.#
(a)
Owners who turn in animals over three months of age must have a current rabies vaccination as mandated by the state of Rhode Island's Compulsory Rabies Vaccination Law (G.L. § 4-13-30).
(b)
Animals which have bitten a human or domestic animal must be quarantined for a period of ten days or more.
Note— The owner of the animal is responsible for the boarding and impoundment fees for the entire quarantine period (per G.L. § 4-13-29). All fees for veterinary examination, decapitation for rabies testing at the state laboratory are also at the owners expense (G.L. § 4-13-29). Fee for rabies quarantine is $20.00 impoundment fee plus $5.00 per day, and also any additional costs to the city.
(c)
Proof of ownership and East Providence residency are required to turn in an animal.
(d)
Turn-in fees and deceased animal disposal fees shall be set by the animal control officer subject to the approval of the mayor.
(Ch. 449, § I, 5-6-08; Ch. 755, § I, 12-3-19)
Sec. 3-29. - Animal confinement in motor vehicles prohibited—Transporting animals.#
(a)
No owner or person shall confine any animal in a motor vehicle in such a manner that places the animal in a life or health threatening situation by exposure to prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.
(b)
A law enforcement officer or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death. Nothing in this section shall prevent a law enforcement officer or animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(c)
A law enforcement officer or animal control officer who removes an animal in accordance with this section shall, in a secure and conspicuous location or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.
(d)
A law enforcement officer or animal control officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.
(e)
Any animal control officer may issue the person(s) in violation of this section a fine of $100.00 for a first violation, $200.00 and seizure of the animal for a second violation, and $400.00 and the seizure of the animal for the third violation. Second and subsequent violations of this section may be considered a violation of G.L. 1956, § 4-1-2.
(f)
It shall be unlawful for any person to transport any animal or animals either for business or pleasure on or in an open-air motor vehicle unless the animal, or animals, being transported:
(1)
Is kept in an enclosed area of the motor vehicle;
(2)
The animal or animals are under the physical control of a person other than the operator of the motor vehicle; or
(3)
The animal or animals are placed in the motor vehicle and safely restrained by a harness manufactured for the purpose of restraining animals by means other than neck restraints.
(4)
Any person violating the provisions of this subsection shall be punished by a fine of not more than $50.00 for a first offense, nor more than $200.00 for each subsequent offense. (G.L. 1956, § 31-22-28)
(Ch. 523, § I, 1-4-11; Ch. 557, § VIII, 6-5-12)
Sec. 3-30. - Devocalization prohibited.#
(a)
No person shall surgically debark or silence a dog or cat, or cause the surgical debarking or silencing of a dog or cat, unless a veterinarian licensed in the State of Rhode Island has filed a written certification with the city animal control officer stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat medical harm or pain.
(b)
The written certification described in subsection (a) shall contain the date and description of the veterinarian's examination and evaluation of the dog or cat, a statement certifying that surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat harm or pain; any supporting diagnosis and findings, the name and current address and telephone number of the dog or cat's owner or keeper, and the name and current address and telephone number, state license number, and signature of the veterinarian.
(c)
No person except a veterinarian licensed in this state, using anesthesia, may surgically debark or silence a dog or cat.
(d)
Any person in violation of this section shall be subject to the penalties in section 1-16 of the Code of Ordinances. The municipal court shall have jurisdiction to hear cases involving violations of this section. In addition to any other penalty provided by law, a person convicted under this section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of up to one year, if deemed appropriate by the court.
(e)
Any person or business selling a dog or cat for profit shall disclose whether or not the dog or cat has been surgically debarked or silenced and provide the purchaser with a copy of the veterinarian certification required by subsection (a) above.
(Ch. 522, § I, 1-4-11; Ch. 755, § I, 12-3-19)
Sec. 3-31. - To be restrained at all times.#
The owner shall keep the dog under restraint at all times and shall not permit the dog to be at large or off the premises of the owner, unless under the control of a competent person and further restrained by a leash no longer than six feet in length. Further, in the event that the dog is on a property with multiple residents (i.e. apartment, condominium, etc.) the owner shall so restrain the dog in all common areas, including but not limited to hallways, yards, and basements.
(Ch. 449, § I, 5-6-08)
State Law reference— Authority to regulate dogs running at large, G.L. 1956, § 4-13-15.1.
Sec. 3-32. - Impoundment.#
(a)
Any dog found running at large shall be taken up by the animal control officer and impounded in the shelter designated as the animal shelter. Such dogs shall be confined in the animal shelter 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 the owners. Dogs not claimed by the owners after the expiration of five days may be disposed of at the discretion of the animal control officer, except as hereinafter provided for in the cases of certain dogs.
(b)
The animal control officer may transfer title of any dog held at the animal shelter 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 such dogs in accordance with section 3-16.
(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 to inform those owners of the conditions whereby they may regain custody of their dogs.
(Ch. 449, § I, 5-6-08)
State Law reference— Authority to impound, G.L. 1956, § 4-13-15.1; penalties and requirements for vicious dogs, G.L. 1956, § 4-13.1-9.
Sec. 3-33. - Redemption of impounded dogs.#
(a)
The owner of any impounded dog shall be entitled to regain possession of such dog, except as hereinafter provided for in the cases of certain dogs, upon the payment of impoundment fees and any additional costs to the city, (including, but not limited to, veterinarian bills, euthanasia, any other necessary treatment), and proof of ownership, license and an antirabies vaccination.
(b)
Any dog impounded under the provisions of this chapter 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 for in section 3-32 or be placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the city, provided that if the dog is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with.
(Ch. 449, § I, 5-6-08)
Sec. 3-34. - Presence on school or store property prohibited; exceptions; limitation on number to be kept.#
(a)
No dogs shall be allowed in schoolyards or on school property, whether at large or under restraint, except seeing-eye dogs or handicapped-assistance dogs.
(b)
No dogs shall be allowed in any stores or eating places within the city, whether at large or under restraint, except seeing-eye dogs or handicapped-assistance dogs.
(c)
It shall be unlawful to keep more than three licensed dogs at the same residence, except by special permission of the animal control officer, provided that this provision shall not apply to licensed kennels or commercial locations keeping dogs for purposes of security.
(d)
Every person who shall own or keep within the city more than three dogs, one or more of which are unlicensed, and who does not have a kennel license for the keeping of such dogs shall be liable to a penalty of $30.00 per dog in excess of three, 1 st offense, $60.00 per dog in excess of three, 2 nd offense, and $120.00 and impoundment of any dog in excess of three, 3 rd and subsequent offense; each week of noncompliance of with this section shall constitute a separate offense; in addition, the owner or keeper shall surrender any dogs in excess of three in number to the animal control officer to be disposed of in a manner pursuant to state law at the discretion of the animal control officer.
(Ch. 449, § I, 5-6-08)
Sec. 3-35. - Dog license; fees; penalty; senior citizen discount.#
(a)
Every owner or keeper of a dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, $10.00. Additionally, there shall be a $1.00 surcharge for each dog license issued by the municipality which shall be deposited in the city's spay/neuter account to fund low-cost spay/neuter programs. In addition, the municipality shall charge an additional fee of $2.00 per license, that fee to be used exclusively by the city for the enforcement of laws pertaining to animals; for a total of $13.00 per dog license {R.I.G.L. 4-13.1-9(d)}; with the exception of senior citizens who shall, upon proof that they have attained the age of 65 years, pay the sum of $5.00 for said license. All licenses issued 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 such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid, and has provided proof that the dog has been spayed or neutered, or has a written report from a licensed veterinarian stating that the life of the dog would be jeopardized by the spay/neuter surgery and that this health condition is likely to be permanent.
(1)
For any dog not spayed or neutered the fees above shall not apply. Any owner or keeper of a dog which is not spayed or neutered shall be required instead to get an intact dog license. Any owner or keeper of an intact dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, $30.00. Additionally, there shall be a $1.00 surcharge for each dog license issued by the municipality which shall be deposited in the city's spay/neuter account to fund low-cost spay/neuter programs. In addition, the municipality shall charge an additional fee of $2.00 per license, that fee to be used exclusively by the city for the enforcement of laws pertaining to animals; for a total of $33.00 per intact dog license; with the exception of senior citizens who shall, upon proof that they have attained the age of 65 years, pay the sum of $15.00 for said license. All licenses issued 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 such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid.
(b)
Every person, owner or keeper of a dog not licensed and/or not collared according to the provisions of this chapter, shall be fined pursuant to section 3-16, and that fine shall be in addition to all other lawful fees.
(Ch. 449, § I, 5-6-08)
Cross reference— Dog licenses, G.L. 1956, § 4-13-4; § 4-24-9; § 4-13.1-9(d).
Sec. 3-36. - Registration of aggressive and vicious dogs required.#
(a)
Any person having custody, ownership or control of an aggressive dog as defined in this article must register said dog with the city on a form provided by the city.
(b)
Said form shall require the following information:
(1)
Name, address and telephone number of the dog's owner;
(2)
The address where said dog is harbored, if different from the owner's address; and
(3)
Dog sex, color, rabies certificate, tag number and other distinguishing characteristics of the dog.
(c)
No such dog shall be licensed for any licensing period commencing after October 1, 2001, unless the owner or keeper of such dog shall meet the requirements set forth by the animal control officer.
(d)
Any person having custody, ownership or control of a vicious dog as defined in this article must register said dog with the city on a form provided by the city.
(e)
Said form shall require the following information:
(1)
Name, address and telephone number of the dog's owner;
(2)
The address where said dog is harbored, if different from the owner's address; and
(3)
Dog sex, color, rabies certificate, tag number and other distinguishing characteristics of the dog.
(f)
No such dog shall be licensed for any licensing period commencing after October 1, 2001, unless the owner or keeper of such shall meet the requirements set forth by the animal control officer, and the restrictions implemented by the vicious dog hearing panel pursuant to R.I.G.L. § 4-13.1.
(Ch. 449, § I, 5-6-08)
Sec. 3-37. - Age and fee.#
(a)
Any person having custody over or control of any aggressive or vicious dog must be at least 18 years of age.
(b)
The registration fee for said aggressive or vicious dog shall be $50.00.
(Ch. 449, § I, 5-6-08)
Sec. 3-38. - Acquisition or training of dangerous dogs prohibited.#
No person shall own, train or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals when not provoked.
(Ch. 449, § I, 5-6-08)
Sec. 3-39. - Hearing to determine if dog is vicious or violation occurred.#
In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is vicious or that the conduct of the vicious dog or its owner or keeper constitutes a violation of the provisions of this article, the dog officer or law enforcement officer may seize and impound the dog pending a hearing as provided for in R.I.G.L. § 4-13.1 Regulation of vicious dogs. The owner or keeper of the dog is liable to the city for the costs and expenses incurred in keeping the dog. The chief of police or his or her designee or the animal control officer shall convene a hearing for the purpose of determining whether or not the dog or owner or keeper in question has violated the terms of this article. The chief of police or his or her designee or the animal control officer shall conduct or cause to be conducted an investigation and shall notify the owner or keeper of the dog that a hearing will be held at which time he or she may have the opportunity to present evidence. The hearing shall be held promptly within no less than five nor more than ten days after the service of notice upon the owner or keeper of the dog. The hearing shall be informal and shall be open to the public.
After hearing, the owner or keeper of the dog shall be notified in writing of the determination. An attack or assault by the animal may be punishable by destruction of the animal. If a determination is made that any other provisions of this article have been violated, then the owner or keeper shall be ordered to comply with any and all provisions of this article. A time schedule for compliance shall be established by the animal control supervisor, but in no case shall it be more than 30 days subsequent to the date of the determination. The determination by the animal control supervisor shall be decided upon a preponderance of the evidence.
(Ch. 449, § I, 5-6-08)
Sec. 3-40. - Penalties.#
(a)
In addition to any other lawful penalties, any person found in violation of sections 3-36 through 3-39 of this chapter shall be fined not exceeding $250.00.
(b)
Second and subsequent violations of this article by the dog's owner or keeper or an attack or assault by the dog on another person may be punishable by the destruction of the dog at the dog owner's expense, and a fine of $500.00.
(c)
Any person found in violation of sections 3-36 through 3-39, may be prohibited from owning a dog and/or obtaining a license for a dog in the city.
(Ch. 449, § I, 5-6-08)
Sec. 3-41 - Care of dogs.#
(a)
It shall be a violation of this section 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, head collar, or prong-type collar. The weight of any chain or tether shall not exceed one-eighth of the dog's total body weight.
(3)
Keep any dog tethered for more than ten hours during a twenty-four-hour period or keep any dog confined in an area or primary enclosure for more than 14 hours during any twenty-four-hour period, and more than ten hours during a twenty-four-hour period, if the area is not greater than that which is required under the most recently adopted version of the department of environmental management's rules and regulations governing animal care facilities.
(4)
Tether a dog anytime from the hours of 10:00 p.m. to 6:00 a.m., except for a maximum of 15 minutes.
(5)
Keep any dog outside, either tethered or otherwise confined, when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC).
(6)
No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than 30 minutes without access to adequate shelter or adequate water for use by such dog.
(b)
It shall be a violation of this section for an owner or keeper to fail to provide a dog with adequate feed, adequate water, or minimum veterinary care as those terms are defined in section 3-1.
(c)
Exposing any dog to adverse weather conditions strictly for the purpose of conditioning shall be prohibited.
(d)
The provisions of this section, as they relate to the duration and timeframe of tethering or confinement, 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, or duly sworn police officer assigned to the animal control division, for the purposes, including, but not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be renewed annually. The written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept shall be considered valid in every other political subdivision of the state. The written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept is revocable by that animal control officer or police officer if there are any conditions present that warrant revocation. The conditions include, but are not limited to, changes in the number or type of dogs, changes in the facility structure or safety, and changes in the health of the dog;
(3)
To any entity licensed by the state pursuant to Chapter 19 of Title 4 of the Rhode Island General Laws, or any veterinary facility; or
(4)
To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. § 2133) that are temporarily in the state, if authorized by the department of environmental management (DEM);
(e)
Any person in violation of this section shall be fined in accordance with section 3-25. Each day of violation shall constitute a separate offense.
(f)
General agents or special agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in cooperation with animal control officers and the department of environmental management (DEM).
(Ch. 449, § I, 5-6-08; Ch. 744, § I, 12-17-19; Ch. 806, § III, 7-20-21)
Editor's note— Ch. 744, § I, adopted December 17, 2019, renamed § 3-41 from "sheltering, tethering, and nourishment of dogs" to "care of dogs."
Cross reference— Penalties for violation of this section as set by section 3-25.
Sec. 3-42. - Access to East Providence Dog Park for licensed dogs; permit and rules.#
(a)
The director of department of public works shall have the power to designate any city park, or a portion thereof, as a dog park.
(b)
Every resident of the city who is the owner or keeper of a currently licensed dog, pursuant to section 3-35, shall be permitted to use any designated dog park, provided that the resident obtains:
(1)
An annual dog park permit to be issued by the city clerk, at no additional fee, upon the granting of a dog license from the city clerk pursuant to section 3-35.
(2)
Only one dog park permit shall be issued for each dog license issued pursuant to section 3-35 and the dog permit shall not be transferred to any other dog.
(c)
The animal control officer (ACO) shall promulgate a set of rules and regulations governing access and use of any dog park to protect the health and safety of patrons and dogs within the park. The rules and regulations shall include the following:
(l)
All dogs within the park must be collared, with city dog license attached, at all times.
(2)
Every dog must be attended by its owner or keeper at all times.
(3)
No dog previously adjudicated as dangerous, aggressive, or vicious shall be permitted within the park.
(d)
Pursuant to section 3-13, the ACO and/or officer of the East Providence Police Department may issue a citation for a violation of this section including a temporary order prohibiting further use of the dog park by a violator subject to a hearing in municipal court.
(e)
Any owner of a dog in violation of this section shall be fined pursuant to section 3-16(a) of this chapter, and shall be prohibited from use of any city dog park until such time as any outstanding fines are paid and/or a proper license is obtained.
(Ch. 773, § I, 6-16-20)
Secs. 3-43—3-50. - Reserved.#
ARTICLE III. - RABIES CONTROL#
Footnotes:
--- (3) --- Cross reference— Health and sanitation, ch. 7.
State Law reference— Rabies control, G.L. 1956, §§ 4-13-26—4-13-32.
Sec. 3-51. - 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 or the time period currently required by the Rhode Island Manual for Rabies Management Protocol 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 animal shelter or, at the owner's option and expense, in a veterinary hospital of the owner's 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 set forth in section 3-8.
(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 and older to be vaccinated against rabies with a canine rabies vaccine approved by the biologics 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 vaccinations 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 a period of time currently required by the Rhode Island Manual for Rabies Management Protocol.
(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.
(Ch. 449, § I, 5-6-08)
Sec. 3-52. - 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.
(Ch. 449, § I, 5-6-08)
Sec. 3-53. - 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.
(Ch. 449, § I, 5-6-08)
Sec. 3-54. - Vaccination required for dogs, cats, and ferrets over four months old.#
No dog, cat, or ferret over four months old shall be permitted within the city limits unless such dog, cat, or ferret shall have been vaccinated or immunized in the manner prescribed by G.L. 1956, § 4-13-31; except as otherwise amended by board regulation, the owner or keeper of a dog, cat, or ferret shall have the animal vaccinated not earlier than three months of age nor later than four months of age and at regular intervals as prescribed by rabies board regulations current requirements set forth by the Rhode Island Rabies Management Protocol (RIRMP), but at no time to exceed recommendations made by the most current compendium of animal rabies control. Stated currently set as any cat or dog shall have been vaccinated or immunized within a period of 12 months, if such dog or cat shall have been vaccinated or immunized with the one-year vaccine, or within a period of 24 months if such dog or cat shall have been vaccinated or immunized by the three-year vaccine. Ferrets must be vaccinated annually.
(Ch. 449, § I, 5-6-08)
Sec. 3-55. - Use of approved vaccine; certification generally.#
The vaccination or immunization referred to in section 3-54 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 and shall show the rabies tag number, the sex and breed of dog, the owner thereof and whether the vaccine given is the one-year or the two-year vaccine, together with such other information as may reasonably be required by the director of environmental control or the veterinarian administering the vaccine.
(Ch. 449, § I, 5-6-08)
Sec. 3-56. - Certification prerequisite to license.#
No license shall be issued for any dog required to be licensed in the city unless the person making application therefor shall first present to the police department of the city, or other person duly authorized to issue such license, a current certificate of vaccination or inoculation for the dog for which such license is requested. Such certificate shall certify that the dog for which the license is to be issued has been properly vaccinated or inoculated in accordance with the provisions of this article. Public clinics providing inoculations at a nominal charge shall be made available once a year by the city clerks office.
(Ch. 449, § I, 5-6-08)
Sec. 3-57. - Unvaccinated dogs—Owning, keeping, harboring prohibited.#
It shall be unlawful for any person to own, keep or harbor any dog over four months old within the city unless such dog shall have been vaccinated or inoculated in accordance with the provisions of this article. (1)
Any person in violation of this article shall be charged with a misdemeanor and fined $200.00 and/or imprisoned for up to ten days for first offense and shall be fined $500.00 and/or imprisoned for up to 30 days for the second and subsequent offenses and/or be subject to confiscation of the animal(s) which is/are the basis of the violation in accordance with RIGL § 4-13-32.
(Ch. 449, § I, 5-6-08)
Sec. 3-58. - Impoundment of unvaccinated dogs.#
Any dog over four months old found within the limits of 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 or animal control 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 section 3-8. At the expiration of the five-day period, any dog not so claimed by its owner shall be disposed of in accordance with section 3-7.
(Ch. 449, § I, 5-6-08)
Sec. 3-59. - 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 article, except where expressly stated.
(b)
The licensing and vaccination requirements of this article shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than 30 days, provided that all such dogs shall at all times while in the city be kept within a building enclosure or vehicle or be under restraint by the owner or other competent person.
(Ch. 449, § I, 5-6-08)
ARTICLE IV. - SPAY AND NEUTER PROGRAM#
Sec. 3-60. - Findings, purpose and intent.#
(a)
The city council finds and determines that:
(1)
Due to the large number of stray and abandoned cats, euthanasia is not a cost effective, acceptable or ethical solution to the threats of public health and safety posed by large populations of stray domestic animals.
(2)
Stray and abandoned pets, specifically cats, create numerous public health and safety problems, including transmission of disease and traffic hazards created by cats running loose on public streets.
(3)
A permit system for breeding of cats owned or harbored in the city combined with a program for spaying/neutering is a reasonable and effective means of reducing the population of abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior.
(b)
Declaration of intent. The city council hereby finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering cats unless appropriate permits are acquired.
(Ch. 449, § I, 5-6-08)
Sec. 3-61. - Spaying/neutering.#
(a)
No person shall own or harbor, within the city any cat over the age of six months which has not been spayed or neutered, unless such person holds either a license to keep an unaltered cat or a license and permit for breeding cats issued by the city animal control officer, or the owner submits to the animal control officer a letter from a licensed veterinarian stating that it would be inappropriate to spay/neuter the cat due to age, health, or illness. The owner of any cat over the age of six months is responsible to provide proof of spay/neuter through records or certificate of examination by a licensed veterinarian to the animal control officer within seven days of a request for said records by the animal control officer.
(b)
An "intact" permit shall be issued for an unaltered cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit. An "intact" permit may be issued by the ACO to an individual who refuses to spay or neuter their cat. The fee for such a permit shall be $100.00 per year. All funds from "intact" permits shall be deposited in the city's spay/neuter account.
(c)
Any person, who keeps, has custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for a cat or who permits a cat to habitually be or remain on or be lodged or fed within such person's property or premises, and any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership unless ownership of the cat by another party is established pursuant to Rhode Island General Law § 4-22-2.
(d)
Subsection (c) above shall not be interpreted to apply to a person caring for a colony of feral cats if such person:
(1)
Registers (at no charge) with the city as a caretaker for feral cats;
(2)
Regularly feeds or arranges for the feeding of the colony, including on weekends and holidays;
(3)
Traps all feral cats over the age of eight weeks in his/her care, and has them spayed or neutered or identifies to animal control those cats deemed unable to be trapped;
(4)
Has all trapped cats tested for feline aids and leukemia and has those who test positive humanely euthanized or isolated indoors;
(5)
Identifies feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;
(6)
Has all trapped cats vaccinated according to state and local laws.
(Ch. 449, § I, 5-6-08)
Sec. 3-62. - Breeding permits.#
(a)
No person shall cause or allow any cat owned or harbored in the city to breed without first obtaining a breeding permit under this section.
(b)
City animal control shall administer a permit program to allow breeding of cats consistent with criteria and according to procedures contained in the city ordinances.
(c)
Each applicant who is issued a permit to breed cats under this section shall pay an annual breeding permit fee of $100.00 per cat.
(d)
No person shall cause or allow the breeding of a male or female cat without first obtaining a breeding permit issued by animal control. Breeding permits shall be valid for 12 months, renewable on an annual basis. Fees for such permit shall be as set forth. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:
(1)
No offspring may be sold or adopted and permanently placed until reaching an age of at least eight weeks.
(2)
No offspring may be sold or adopted until immunized against common diseases.
(3)
If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.
(4)
Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing any animal bred by the permit holder.
(5)
The breeding permit holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved by the animal control and state law.
(Ch. 449, § I, 5-6-08)
Sec. 3-63. - Sale or adoption of cats.#
(a)
Any person who provides or offers to the public, whether or not for compensation, any pet or pet related goods (where they are the primary products) or pet services shall provide to their clients, free of charge, information relating to pet care and ownership, including information on city laws pertaining to animal control. This required information will be prepared and provided by animal control.
(b)
Any person offering cats for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing or permit requirements of the city applicable to such animal.
(c)
No person shall offer for sale or adoption any cat on any public street, sidewalk, or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption.
(d)
Prior to release by sale or adoption, all cats shall be spayed or neutered as early as is medically appropriate, unless the licensed releasing agency obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal or except in certain limited cases as approved by the animal control supervisor; alternatively the prospective owner may obtain proof that the spay/neuter and rabies vaccine has been prepaid for at a licensed veterinarian's office.
(Ch. 449, § I, 5-6-08; Ch. 478, § I, 5-5-09)
Sec. 3-64. - Revocation of permit.#
(a)
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 violated any state or local ordinances relating to the keeping, care or use of any animal.
(2)
The permittee is in violation on any state health or safety law or regulation regarding animal care or control;
(3)
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;
(4)
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; or
(5)
The permittee has transferred, sold or otherwise disposed of the cat for which the permit was issued.
(b)
If, after investigation, the animal control officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it 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. If the health or well-being of the animal is in danger, the animal control officer may take custody and control of the animal until such time that a hearing is conducted. After the informal hearing, the animal control officer may modify the terms of the permit or revoke the permit.
(Ch. 449, § I, 5-6-08)
Sec. 3-65. - Penalty for violation.#
Any person who violates the provisions of this act shall be subject to a $100.00 fine. In the case of an unneutered cat said person shall have no more than 30 days to have their cat spayed or neutered or provide proof from a licensed veterinarian indicating that arrangements have been made to spay or neuter their cat(s). The ACO may inform persons subject to this law to the availability of reduced cost or free of cost spay/neuter programs sponsored by local humane organizations. If an animal is not spayed or neutered within 30 days of notice, they shall be subject to a $100.00 fine for each 30 days the subject animal is not spayed or neutered.
(Ch. 449, § I, 5-6-08)
Sec. 3-66. - Responsibility for enforcement.#
The animal control officer shall be responsible for the enforcement and administration of this article.
(Ch. 449, § I, 5-6-08)
Sec. 3-67. - Transition.#
Persons harboring a cat subject to this article on the date it becomes effective shall have 120 days from such date to comply herewith.
(Ch. 449, § I, 5-6-08)
ARTICLE V. - PET STORES—PROHIBITION OF THE SALE OF DOGS AND CATS#
Sec. 3-68. - [Generally.]#
(a)
Definitions: [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
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.
Non-profit rescue organization means any Rhode Island non-profit corporation that is exempt from taxation under Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats; or any non-profit organization that is not exempt from taxation under Internal Revenue Code, Section 501(c)(3) but is currently an active rescue partner with a City of East Providence shelter or humane society, whose mission is, in whole and significant part, the rescue and placement of dogs or cats.
(b)
It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog or cat in any pet store, retail business or other commercial establishment located in the City of East Providence.
(c)
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 East Providence from providing space and appropriate care for animals owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and maintain those animals at the pet store retail business or other commercial establishment for the purpose of public adoption.
(Ch. 607, § I, 6-3-14)
Sec. 3-69. - Violations and penalties.#
Any person who violates, fails or refuses to comply with the provisions of this section shall be subject to a fine of not more than $2,000.00 for each separate offense or community service for a period of not more than 90 days or any combination of fine and/or community service. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.
(Ch. 607, § I, 6-3-14)
ARTICLE VI. - FEEDING NON-DOMESTICATED ANIMALS#
Sec. 3-70. - Purpose.#
The purpose of this article is to protect the health and safety of residents in the city with respect to dangers associated with coyotes and other non-domesticated animals by minimizing opportunities for such animals to obtain food from sources controlled or controllable by humans.
(Ch. 806, § IV, 7-20-21)
Sec. 3-71. - Prohibitions.#
(a)
No person shall feed or in any manner provide an attractant to coyotes or other non-domesticated animals; provided that domestic animals are not attractants, and feeding pets outdoors does not create an attractant if the pet eats all of the food immediately, or the remaining food is removed as soon as the pet stops eating, or the pet is fed in a secure cage or other enclosure.
(b)
No person shall leave, store, or maintain any food or attractant in a manner, area, or location accessible to coyotes or other non-domesticated animals.
(Ch. 806, § IV, 7-20-21)
Sec. 3-72. - Exceptions.#
(a)
Food for birds that is in a feeder located within 100 feet of the resident of the person establishing the feeder and elevated to be inaccessible to coyotes and other non-domesticated animals.
(b)
Any lawful trapping by a property owner, licensed nuisance wildlife control specialist (NWCS), animal control officer or RI DEM official or other purpose approved by the animal control officer.
(Ch. 806, § IV, 7-20-21)
Sec. 3-73. - Penalty for violation.#
Violations of any provisions of this article are punishable by a fine of $100.00 for the first offence and $500.00 for second and subsequent offences; each day of violation shall constitute a separate offence.
(Ch. 806, § IV, 7-20-21)