The text
Footnotes:
--- (1) --- Cross reference— Kennels, § 18-91 et seq.; environment, ch. 22.
State Law reference— Animals, G.L. 1956, § 4-4-1 et seq.; town ordinances on diseases, G.L. 1956, § 4-4-18; dogs, G.L. 1956, § 4-13-1 et seq.; regulations regarding dogs, enforcement, G.L. 1956, § 4-13-1; estrays, G.L. 1956, § 4-16-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 10-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer means any person or persons designated or employed by the town as its enforcement officer(s) and shall also include the town sergeant any police officer, the animal control manager and supervisor, and any constable of the town.
Animal pound means any premises designated by action of the town for the purpose of impounding and caring for all animals found running at large, in violation of this chapter. Animal pound shall also include the facility known as the "Exeter Animal Shelter"
At large means any dog off the property of its owner and not under restraint.
Exposed to rabies means an animal that has been bitten by or been exposed to any animal known to have been infected with rabies.
Owner means any person, group of persons or corporation owning, keeping or harboring dogs.
Restraint means any dog controlled, or at heel beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
Spayed female dog means any female dog which has been operated upon to prevent conception.
(Ord. of 11-2-92, § 1; Ord. of 5-22-12, § 1)
Cross reference— Definitions generally, § 1-2.
Sec. 10-2. - Penalty for violation of chapter.#
Except as otherwise provided in this chapter and G.L. 1956, § 4-13-1, any person convicted of violating any provision of this chapter may be punished by the payment of a fine. If such violation is continued, each day's violation may constitute a separate offense. The fines are as follows:
Dog Violation Fees:
License late fee (after June 1) .....$25.00
Unlicensed dogs .....35.00
Running at-large without restraint within one year: First offense .....15.00
Second offense .....25.00
Third offense .....40.00
Fourth offense .....100.00
Fifth offense .....200.00
Harboring nuisance dog (barking): First offense .....Warning
Second offense .....25.00
Subsequent offenses .....40.00
For violations not covered above, the fines are as follows: (1)
Up to $25.00 for the first offense;
(2)
Up to $100.00 for the second offense within one year of the first offense; and
(3)
Up to $200.00 for a third and any subsequent offense within one year from the first offense.
(Ord. of 11-2-92, § 15; Ord. of 12-14-98; Amd. of 4-4-05; Ord. of 9-5-06; Ord. of 10-2-06; Ord. of 3-4-13)
State Law reference— Limitation on penalties for violation of regulations regarding dogs, G.L. 1956, §§ 4-13-1, 4-13-39.
Secs. 10-3—10-35. - Reserved.#
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT#
Footnotes:
--- (2) --- Cross reference— Administration, ch. 2.
Sec. 10-36. - Enforcement.#
(a)
Administration. All animal control facilities, operations, and personnel shall be administered within the department of public works. The director of public works, pursuant to Section 801 of the Town Charter, shall be responsible for the operation and administration thereof.
(b)
Animal control manager and supervisor. The animal control manager and supervisor shall be responsible for the day-to-day supervision and management of all animal control operations, personnel and facilities. The director of public works, or any person otherwise appointed by the town council, shall perform the duties of the animal control manager and supervisor. In the event that the position of animal control manager and supervisor is filled by an appointee other than the director of public works, he or she shall report to, and shall be subject to the supervision of, the director of public works. He or she shall be appointed by, and shall serve at the pleasure of, the town council, with the advice of the director of public works.
(c)
Enforcement officers. The provisions of this chapter shall be enforced by the director of public works, the animal control manager and supervisor, the animal control officer(s), the town sergeant, and any police officer or constable of the town.
(d)
Complaint procedures. All complaints made under the provisions of this chapter shall be made to the animal control manager and supervisor and, in absence thereof, to any animal control officer and may be made orally; provided, however, that such complaint is, within 48 hours, reduced to writing and shall be signed by the complainant, showing his address and telephone number, if any.
(Ord. of 11-2-92, §§ 2, 11; Ord. of 5-22-12, § 1)
Sec. 10-37. - Investigation.#
In the discharge of the duties imposed by this chapter, the animal control officer or any police officer or constable of this town shall have the authority at all reasonable times to enter upon any premises. Such authority should not include the right to enter any residence on such premises to examine a dog or other animal which is allegedly in violation of a provision of this chapter. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises.
(Ord. of 11-2-92, § 12)
Sec. 10-38. - Interference with animal control officers.#
No person shall interfere with, hinder or molest the animal control officer or any police officer or constable of this town in the performance of their duties, or seek to release any animal in custody of the animal control officer, any police officer or constable, except as provided in this chapter.
(Ord. of 11-2-92, § 13)
Sec. 10-39. - Recordkeeping.#
(a)
It shall be the duty of the animal control officer to keep or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into custody.
(b)
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported and investigation of the same.
(Ord. of 11-2-92, § 14)
Secs. 10-40—10-70. - Reserved.#
ARTICLE III. - DOGS#
Footnotes:
--- (3) --- State Law reference— Dogs, G.L. 1956, § 4-13-1 et seq.; rabies control, G.L. 1956, §§ 4-13-26—4-13-32, Rules and Regulation Governing Rabies Control Within The State of Rhode Island, Rabies Control Board, March 1993.
DIVISION 1. - GENERALLY#
Sec. 10-71. - Nuisance abatement.#
(a)
The keeping or harboring of any dog, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any considerable number of persons or neighborhood is unlawful, and is hereby declared to be a public nuisance. Each day shall constitute a separate offense.
(b)
It shall be unlawful to allow or permit any dog to trespass on private or public property so as to damage or destroy any property or thing of value, and such behavior is hereby declared to be a nuisance. Any such animal may be impounded by the animal control officer. Whenever it shall be affirmed in writing by three or more residents, or persons regularly employed in the neighborhood, that any animal is an habitual nuisance by reason of trespassing, howling, barking or other noise or damage to property, being vicious or by its actions potentially vicious, or in any other manner causing undue annoyance, the animal control officer, if finding such a nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated. If the nuisance and/or annoyance is not thereupon abated, the animal control officer shall impound such animal.
(Ord. of 11-2-92, § 10)
Sec. 10-72. - At large on schoolyards or school property.#
No dogs are allowed in school yards or on school property whether at large or under restraint, Seeing Eye dogs excepted.
(Ord. of 11-2-92, § 11(a))
Sec. 10-73. - Limit on number kept.#
It shall be unlawful to keep more than three dogs at the same residence, except as may be permitted by the town council. This section shall not apply to licensed kennels.
(Ord. of 11-2-92, § 11(b))
Sec. 10-74. - Penalty for violation of article; liability insurance.#
(a)
Every person owning or keeping a dog not licensed according to the provisions of this section shall be fined as provided in G.L. 1956, § 4-13-1 and 4-13-39.
(b)
Proof of liability insurance for a 12-month period in the amount of $100,000.00 for the third offenders or subsequent offenders of the animal control ordinance, which policy shall cover damages or injury which may be caused by the dog. The policy shall contain a provision requiring the town be named as additional insured for the sole purpose of the town clerk being notified of any cancellation of policy.
(Ord. of 11-2-92, § 11; Ord. of 12-14-98(2))
Cross reference— Penalty for violation of chapter, § 10-2.
State Law reference— Penalties for violations, G.L. 1956, §§ 4-13-1, 4-13-15, 4-13-39.
Secs. 10-75—10-95. - Reserved.#
DIVISION 2. - LICENSES#
Footnotes:
--- (4) --- State Law reference— Dog licenses required, G.L. 1956, § 4-13-4.
Sec. 10-96. - Required; fee; period of validity.#
All dogs must be registered upon six months of age in accordance with state law. Every owner or keeper of a dog shall annually, in the month of April, cause such dogs to be licensed from the first day of the ensuing May, in the office of the town clerk. Such owner or keeper shall pay the town clerk for the license. All licenses shall be valid in the town during the then current year; provided, however, that any person who shall cause the dog to be licensed shall do so within 30 days after he becomes an owner or keeper.
(Ord. of 11-2-92, § 11(d))
Secs. 10-97—10-130. - Reserved.#
ARTICLE IV. - RABIES CONTROL#
Footnotes:
--- (5) --- State Law reference— Rabies control, G.L. 1956, §§ 4-13-26—4-13-32, Rules and Regulation Governing Rabies Control Within The State of Rhode Island, Rabies Control Board, March 1993.
Sec. 10-131. - Report of persons bitten; quarantine of animal.#
Every dog, cat, ferret and other animal susceptible to rabies that bites a person shall be promptly reported to the animal control officer, and shall thereupon be securely quarantined at the direction of the animal control officer for a period of 14 days and shall not be released from such quarantine except by written permission of the animal control officer. At the discretion of the animal control officer, such quarantine may be on the premises of the owner, at the shelter designated as the animal pound or, at the owner's option and expense, in a veterinary hospital of his choice. In the case of stray animals, or in case of animals whose ownership is not known, such quarantine shall be at the shelter designated by the animal control officer.
(Ord. of 11-2-92, § 7(a))
Sec. 10-132. - Surrender of animal by owner; expense of quarantine; reclaiming animal.#
The owner, upon demand by the animal control officer, shall forthwith surrender any animal which has bitten a human, or which 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 10-173.
(Ord. of 11-2-92, § 7(b))
Sec. 10-133. - Medical practitioner reports of bite cases.#
It shall be the duty of every physician or other medical practitioner to report to the animal control officer or the town clerk the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
(Ord. of 11-2-92, § 8)
Sec. 10-134. - Responsibilities of veterinarians.#
It shall be the duty of every licensed veterinarian to report to the animal control officer any animal considered by him to be a rabies suspect.
(Ord. of 11-2-92, § 9)
Sec. 10-135. - Death of animal; examination of head; report.#
When rabies has been diagnosed in any animal under quarantine or rabies 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 the pathological examination; and shall notify the proper public health office of reports of human contacts and the diagnosis.
(Ord. of 11-2-92, § 7(c))
Sec. 10-136. - Areawide quarantine; requirements.#
(a)
When one or both reports indicated a positive diagnosis of rabies, the animal control officer shall recommend an areawide quarantine for a period of 90 days, and upon invoking of such emergency quarantine, no animal shall be taken into the streets, or permitted to be in the streets, during such period of quarantine. During such quarantine, no animal may be taken or shipped from the town without the written permission of the animal control officer.
(b)
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.
(c)
During this quarantine period and as long afterwards as is necessary to prevent the spread of rabies, the health officer 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 anti-rabies vaccine to be used and the recognized duration of immunity for each shall be restricted (leashing or confinement of enclosed premises) for 30 days after vaccination. During the quarantine period, the health officer shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located throughout the town.
(Ord. of 11-2-92, § 7(d), (f))
Sec. 10-137. - Claiming of impounded strays during quarantine.#
No dog which 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 health officer and the animal control officer.
(Ord. of 11-2-92, § 7(d))
Sec. 10-138. - Destruction or isolation of bitten animals.#
Animals bitten by a known rabid animal shall be immediately destroyed or if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel for six months shall be enforced. If the animal has been previously vaccinated against rabies, within time limits established by the health officer, based on the kind of vaccine used, revaccination and restraint, including leashing and confinement, for 30 days shall be carried out.
(Ord. of 11-2-92, § 7(e))
Sec. 10-139. - Killing of animals; permit required.#
No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as provided in this article, nor remove any such animal from the town limits without written permission from the animal control officer.
(Ord. of 11-2-92, § 7(g))
Sec. 10-140. - Disposition of carcasses; surrender of animals upon demand.#
(a)
The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal control officer.
(b)
The animal control officer shall direct the disposition of any animal found to be infected with rabies.
(c)
No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this article when demand is made therefor by the animal control officer.
(Ord. of 11-2-92, § 7(h)—(j))
Sec. 10-141. - Vaccination deadline.#
All dogs in the town shall be vaccinated against rabies by the age of three months.
(Ord. of 11-2-92, § 7(k))
Secs. 10-142—10-170. - Reserved.#
ARTICLE V. - IMPOUNDMENT#
Footnotes:
--- (6) --- State Law reference— Redemption or adoption of animals, G.L. 1956, § 4-19-17.
Sec. 10-171. - Authorized actions.#
(a)
Taking up; disposal. Any animal described in section 10-71 and section 10-174 shall be taken up by the animal control officer in the shelter designated as the animal pound. Animals not claimed by their owners before the expiration of five days, may be disposed of at the discretion of the animal control officer, except as provided in this chapter in the cases of certain animals.
(b)
Transfer of title to SPCA or Animal Rescue League. The animal control officer may transfer title of any animal held at the animal pound to the Society for the Prevention of Cruelty to Animals (SPCA) and/or the Animal Rescue League after the legal detention period has expired and such animal has not been claimed by its owner.
(c)
Notification of owners. Immediately upon impounding dogs, the animal control officer shall make every possible reasonable effort to notify the owners of such dogs, so impounded, and inform such owners of the conditions whereby they may regain custody of such dogs.
(d)
Protection of town residents by impounding or disposition. Any dog found running at large within the town limits may be impounded or disposed of according to law when such action is required either to protect the dog or to protect the residents of the town.
(Ord. of 11-2-92, § 3)
Sec. 10-172. - Redemption of impounded dogs.#
(a)
The owner shall be entitled to regain possession of any impounded dog, except as provided in the cases of certain dogs, upon the payment of impoundment fees set forth in this article. Proof of ownership includes a license receipt, affidavits of neighbors, a photograph, etc.
(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 and/or the Animal Rescue League as provided for in section 10-171(b), 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 town; provided, however, that if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by the state law, such law shall be complied with. Under no circumstances shall the ownership of any dog be transferred to a vivisection association.
(Ord. of 11-2-92, § 4)
Sec. 10-173. - Fees.#
(a)
Any animal impounded under this chapter's provisions may be reclaimed as provided in this section upon payment by the owner to the animal control officer of the sum of $15.00 and the additional sum of one dollar for each day such animal is kept after the expiration of the legal detention period. Impoundment fees set forth in this section, and such additional sums as provided in this section for keeping the animals, shall be collected by the town clerk for the use of the animal control officer.
(b)
Exeter animal shelter schedule of fees. The following is a schedule of minimum fees to be charged:
Boarding fees (cats and dogs): In-town animals, per day .....15.00
West Greenwich and out-of-town animals, per day .....20.00
Turn-in Fees (Exeter Cats and Dogs Only): Cats and Dogs sterilized .....25.00
Cats not sterilized .....75.00
Dogs not sterilized .....175.00
License fee (dogs only): .....5.00
Spay/neuter surcharge (dogs only): .....1.00
Late license fee (dogs only) .....25.00*
Adoption fee (cats and dogs): .....75.00 Deposit for sterilization (cats and dogs) (deposit required for sterilization—refundable upon proof of sterilization) .....25.00
*Total license fee for late registration is $31.00 (includes license fee, spay/neuter surcharge and late license fee).
(Ord. of 11-2-92, § 5; Ord. of 12-14-98(3); Ord. of 2-7-00(1); Amd. of 10-6-03(1); Amd. of 4-4-05; Ord. of 9-5-06; Ord. of 10-2-06; Ord. of 12-1-14)
Sec. 10-174. - Confinement of certain dogs and other animals.#
(a)
The owner shall confine within a building or secure enclosure, every fierce, dangerous or vicious animal, and not take such animal out of such building or secure enclosure unless such animal is securely muzzled.
(b)
Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female dog or other animal cannot come in contact with another dog or animal, except for intentional breeding purposes.
(c)
Any dog described in subsection (b) of this section, found at large, shall be impounded by the animal control officer and may not be reclaimed by owners, unless such reclamation be authorized by any court having jurisdiction.
(d)
Any animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in section 10-172(a), but may not be reclaimed when so impounded on second or subsequent occasion unless such reclamation is authorized by a court having jurisdiction in the matter.
(Ord. of 11-2-92, § 6)