The text
Footnotes:
--- (2) --- State Law reference— Dogs, G.L. 1956, § 4-13-1 et seq.
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)