The text
Sec. 4-1. - 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 of an animal means the relinquishment of all right, title, claim, and physical possession of an animal with the intention not to reclaim the animal.
Adequate feed means the provision at suitable intervals, not to exceed twenty-four (24) hours, of 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 living conditions. Except for livestock as defined in R.I.G.L § 4-26-3(6), shall mean a sanitary environment that is dry and free of accumulated feces and free of debris and garbage that may clutter the environment, pose a danger, or entangle the animal. The environment in which the animal is kept must be consistent with federal regulatory requirements, where applicable, or generally recognized professional standards, where applicable, or otherwise be of sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement, and suitable to maintain the animal in a good state of health. "Adequate living conditions" for livestock as defined in R.I.G.L. § 4-26-3(6) shall mean best management practices established, no later than July 1, 2014, by the Rhode Island livestock welfare and care standards advisory council.
Adequate veterinary care means care by a licensed veterinarian sufficient to prevent the animal from experiencing unnecessary or unjustified physical pain or suffering.
Adequate water means a constant access to a sufficient supply of clean, fresh, potable water provided in a sanitary manner and provided at suitable intervals for the species to maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.
Adopt means when an adopting party voluntarily acquires and assumes responsibility for an animal from a releasing agency that is properly licensed including the Hopkinton Animal Shelter.
Animal and animals means every living creature except a human being.
Animal control officer means any person employed by the town for the purpose of enforcing the provisions of this chapter.
Animal shelter means the premises designated by the town for the purpose of impounding and caring for the animal life which has become impounded for violations of the town ordinances or which has become stray and in need of shelter, food and water.
At large. Any animal shall be deemed to be at large when such animal is out of its enclosure or on property which is not owned by its owner, and is not under restraint/control.
Confined. A dog is confined when it is inside a securely fenced area, inside a building, or inside a vehicle.
Domestic livestock means and includs cattle, sheep, horses, ponies, mules, asses, burros, donkeys, goats, llamas, alpacas, rabbits, chickens, roosters, turkeys, ducks, geese, guinea fowl, pea fowl, peacocks, ostriches, emus, and any other animal kept as an accessory use to a principal residential use pursuant to the town's zoning ordinance.
Enclosure means a fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure.
Guardian means a person(s) having the same rights and responsibilities as an owner or keeper, and the terms may 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.
Hazardous accumulation of animals. Except for livestock as defined in R.I.G.L. § 4-26-3(6), means the accumulation of a large number of animals, to a point where the owner, possessor, or person having the charge of custody of the aforementioned animals fails to or is unable to provide "adequate living conditions" as defined herein, resulting in harm or danger to the health and wellbeing of the animals.
Kennel means a facility maintained by any person for the purpose of selling, breeding, buying, training, grooming or boarding canines.
Leash means a rope, cable, nylon strap, or other means attached to a dog that will provide the owner or guardian with control of the dog.
Livestock means any bovine, equine, caprine, ovine, camelid, swine, poultry, or other animal that is raised for production of food or fiber, or is used for work, commerce or exhibition.
Muzzle means a device that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent the dog from biting a person or animal.
Neuter means to surgically render a male dog or cat unable to reproduce.
Owner or keeper means any person or agency keeping, harboring, or having charge or control of or responsibility for control of an animal or any person or agency that permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.
Owner, person, and whoever means corporations as well as individuals. Wherever the word "owner" shall appear in this chapter it shall also mean and may be interchanged with the word "guardian."
Person means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, or trust.
Pets means domesticated animals kept in close contact with humans, which include, but may not be limited to, dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.
Spay means to surgically render a female dog or cat unable to reproduce.
Tether means the practice of fastening a dog to a stationary object or stake by a chain, rope, or other tethering device as a means of keeping the dog under control. A dog being walked on a leash is not tethered.
Tie-out means a cable, rope, light-weight chain, or other means attached to the dog that will prevent the dog from leaving the owner's property.
Town shall mean the Town of Hopkinton, RI.
Vicious dog means: (i)
Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;
(ii)
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;
(iii)
Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(iv)
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of R.I.G.L. § 4-13.1-5(d).
No dog may be declared vicious if an injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking, abusing, or assaulting the dog; or was committing, or attempting to commit, a crime; or until the society for the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions of R.I.G.L. § 4-13.1-5(d).
(v)
No dog may be declared vicious if an injury or damage was sustained by a domestic animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking, abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Wild animal means any animal which has not been defined as a pet, as domesticated, or as livestock, and any animal which is considered to be wildlife by the state department of environmental management.
(Ch. 291, 12-4-23)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— R.I.G.L. §§ 4-1-1, 4-13-1.2, 4-13-41, 4-13.1-2, 4-19-2, and 4-26-3
Sec. 4-2. - Shelter and care of animals.#
(a)
All persons owning any animal within the Town shall provide adequate shelter, food and water to such animals. Every person which is the owner or keeper of any pets or domestic livestock must provide such animal with a four-(4) sided shelter at all times, such structure to be sufficiently aboveground so as to protect such animal from sudden downpours and other such elements which would in effect cause it hardship or discomfort, each such shelter to be provided with adequate bedding.
(b)
All livestock and farm animals must be provided with at least three-(3) sided shelter enclosures.
(c)
All animals must be provided adequate feed to keep such animal in a normal healthy condition.
(d)
Sufficient water must be provided at all times for all animals. Food must be provided at least once a day for mature animals, and twice a day for young animals.
(Ch. 291, 12-4-23)
State Law reference— Cruelty to animals, G.L. 1956, § 4-1-1 et seq.
Sec. 4-3. - Keeping wild animals.#
No wild animal life may be kept within the town except under such conditions as shall be approved by the animal control officer. Wild animal life may be kept for exhibition purposes by bona fide circus corporations, zoos, educational institutions, or persons providing educational programs representing bona fide educational organizations, in accordance with such regulations and approval as shall be established by the town council and the animal control officer. This shall not apply to any person that has been granted such permit by any authorized agency of this state to grant such permits. The animal control officer may destroy any wild animal found to be at large within the limits of the town; provided, however, that the public safety be endangered and such destruction must be made.
Sec. 4-4. - Confinement of dangerous animals.#
(a)
Every owner or keeper of any animal which is considered to be of such a nature which is dangerous to the safety of the general public within the town shall keep such animal confined within an enclosure which shall ensure the safe and humane confinement of such animal. When removed from such enclosure such animal shall be under actual physical control and shall be muzzled.
(b)
Any animal described in subsection (a) above which may be found at large, may be impounded by the animal control officer and may not be released without his or her express consent. The owner of any such animal must pay all fees associated with the impoundment of such animal prior to release of the animal.
(Ch. 291, 12-4-23)
Sec. 4-5. - Confinement of female animals in heat.#
(a)
Every female dog or other animal in heat shall be kept confined in a building or secure enclosure, including any veterinary hospital or boarding kennel, such confinement to be accomplished in such manner that it shall assure that such animal shall not come in contact with any other animal for the purpose of reproducing. This section shall not apply when breeding is intentional and under the control and care of its owner or keeper.
(b)
In the event that a female animal has been impounded, such animal shall remain impounded until such period of heat has concluded, unless the owner or keeper shall reclaim such animal and provide satisfactory assurance to the animal control officer that such animal will be confined for the remainder of the heat cycle. The owner shall be held responsible for all fees connected with such impoundment.
(c)
A person who violates this section shall be fined fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense within one (1) year of the first offense, and one hundred fifty dollars ($150.00) for the third and each subsequent offense within one (1) year of the first offense.
(Ch. 291, 12-4-23; Ch. 294, 3-4-24)
Sec. 4-6. - Nuisance abatement—Generally.#
(a)
The keeping or harboring of any animal other than livestock, whether licensed or not, which by habitual howling, yelping, barking or other noises disturbs or annoys one (1) or more persons in a neighborhood, after a complaint to that effect has been filed with the police department and animal control officer, is unlawful and is hereby declared to be a public nuisance and each subsequent day shall constitute a separate offense.
(b)
A person who violates this section shall be fined fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense within one (1) year of the first offense, and one hundred fifty dollars ($150.00) for the third and each subsequent offense within one (1) year of the first offense.
(Ch. 291, 12-4-23; Ch. 294, 3-4-24)
Sec. 4-7. - Same—Trespass by animals.#
It shall be unlawful to allow or permit any animal to trespass upon the private property or public property of another, or to damage or destroy the private or public property or thing of value of another. Each such occurrence is hereby declared to be a nuisance. Whenever three (3) or more complaints have been received within a period of two (2) weeks about the same animal, made by any resident of the town or property owner within the town, and such complaint has been verified by the animal control officer or any officer of the police department that the animal is a habitual nuisance by reason of trespassing, howling, barking, yelping or making any other noise, causing property damage, public or private or by any other actions causing undue annoyance, the animal control officer, if he or she finds that a nuisance does exist, shall serve written notice upon the owner or keeper of such animal that such nuisance must be abated within a period of not more than three (3) days. Failure to comply with such notice shall result in automatic impoundment of such animal and the animal shall not be released until the owners of the animal and complainant meet with the animal control officer to discuss the complaint. It shall be within the discretion of the animal control officer as to when and if and on what conditions the animal may be returned to the owner(s). A person who violates this section shall be fined fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense within one (1) year of the first offense, and one hundred fifty dollars ($150.00) for the third and each subsequent offense within one (1) year of the first offense.
(Ch. 291, 12-4-23; Ch. 294, 3-4-24)
Sec. 4-8. - Manner of making complaints.#
All complaints made under the provisions of this chapter may be made in an oral manner; provided, however, that any such complaint is, within forty-eight (48) hours, reduced to forms provided by the animal control officer and shall be signed by the complainant showing his or her address and any other information requested by the animal control officer.
(Ch. 291, 12-4-23)
Cross reference— Nuisances, Ch. 10.
Sec. 4-9. - Animals accompanying certain persons.#
For the safety of children, animals and motorists, no animal shall accompany persons on paper routes or to school bus stops.
(Ch. 291, 12-4-23)
Sec. 4-10. - Animals restricted in schoolyards.#
No animal shall be allowed in any schoolyard, private or public, either at large or under restraint, except service animals as allowed by law.
(Ch. 291, 12-4-23)
Sec. 4-11. - Animals in food, drink establishments.#
No animal, except for service animals as allowed by law, shall be allowed in any market or other food store. No animal, except for service animals as allowed by law, shall be allowed into any restaurant or other such facility which dispenses any food or drink to the public.
(Ch. 291, 12-4-23)
Cross reference— Streets, sidewalks and other public places, Ch. 17.
Sec. 4-12. - Disposition of fees.#
All moneys received from the licensing of dogs and impoundment of dogs or other animals within the town, or any fines imposed for violations of this chapter, shall be used for the maintenance and expenses of the animal shelter of the town and the upkeep of the animal control programs of the town.
(Ch. 291, 12-4-23)
Cross reference— Health and sanitation nuisances, § 10-26 et seq.
Sec. 4-13. - Jurisdiction over offenses.#
Any alleged violations of the terms of this chapter may be brought before the Hopkinton Municipal Court and the municipal court may exercise jurisdiction over such alleged violations except to the extent that any such matters are within the exclusive jurisdiction of the Rhode Island District Court and/or superior court.
(Ch. 291, 12-4-23)
Sec. 4-14. - Severability.#
If any provision of this chapter or any rule or determination made hereunder, or application hereof to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
(Ch. 291, 12-4-23)