Chapter 10 - ANIMALS

Part of the Code of Ordinances of Jamestown, RI.

Local law · Updated April 21, 2025 · 1,225 sections

The text

Footnotes:

--- (1) --- State Law reference— Animals, G.L. 1956, § 4-1-1 et seq.; authority to regulate dogs, maximum penalty, G.L. 1956, § 4-13-1; dog census, G.L. 1956, § 4-13-11; authority to regulate places for keeping of animals, G.L. 1956, § 23-19.2-1.

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 the person employed by the town as its officer to enforce this chapter, including any police officer of the town.

Animal shelter means any premises now or hereafter designated by the town for the impoundment, confinement, care and shelter of any animal in the enforcement of this article; such term shall be construed as synonymous with the term "pound."

Bite means the actual puncture or tearing of the skin inflicted by the teeth of any animal.

Collared—A dog is properly collared when it wears a collar around its neck. If such dog is on or in any public street, sidewalk, way, beach, park, grounds or building, such collar shall bear a plate or tag whereon the name and address of its owner are displayed and, when appropriate, a license tag.

Direct command and control—A dog is under the direct command and control of the owner or keeper when: (a)

The dog returns upon voice command or when prompted by a remotely controlled electronic signal; and

(b)

The owner or keeper maintains constant awareness of the dog's whereabouts and conduct; and

(c)

The owner or keeper carries a leash and employs it when necessary; and

(d)

The owner or keeper prevents the dog from interacting with any other person(s) or dog(s) unless and until said person(s) or owner(s) or keeper(s) of said dog(s) clearly communicate their assent to the interaction. Owners or keepers of dogs who are participating in off leash activity shall be presumed to have given their implied consent to interaction with other owners, keepers, and dogs engaged in the same activity at the same time and location.

Dog at large means a dog when it is off the property of its owner or keeper and not under the control of a competent person.

Exposed to rabies means an animal bitten by, or exposed to, any animal known to have been infected with rabies.

In heat means sexual excitement in a female animal and such period of time when animals are particularly attractive to male animals of the same species.

Kennel means the premises of any person engaged in breeding, buying, selling, training or boarding of dogs.

Licensed means a dog, or other animal when appropriate, when it has lawfully attached or affixed to its collar a tag or identifying device issued pursuant to law by any ordinance of the town or statute of the state.

Neutered male (dog) means any male dog which has been surgically altered so as to effect the removal of its testicles.

Owner or keeper means any person who owns, keeps, or harbors a dog, or who has charge and custody of a dog.

Restraint (of dog) means a dog controlled by leash, cord, chain, fence or other physical, natural, or electronic barrier, or under the command and control of a competent person, 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 surgically altered so as to effect the removal of its ovaries and uterus to prevent conception.

Veterinarian means a person licensed to practice veterinary medicine under the laws of the state.

(Code 1982, § 4-1; Code 2003, § 10-1; Ord. of 11-15-2021, § 1(Exh. A))

Sec. 10-2. - Vicious animal.#

(a)

An animal, other than a dog, is deemed to be vicious when it is dangerously aggressive, savage, ferocious or depraved in its attitude towards other animals or to persons to the extent that it injures or is likely to injure or cause injury to such animal or persons. An animal shall be deemed to be vicious if it has a propensity to want to attack or attempt to attack other animals or persons. An animal shall not be deemed vicious if it is provoked, or bites, attacks, or attempts to attack, any animal or person in self-defense or in defense of its owner or owner's property.

(b)

A vicious dog shall be defined and determined pursuant to G.L. 1956, §§ 4-13.1-2 and 4-13.1-11.

A dog shall not be deemed vicious merely by reason of growling or barking.

(Code 1982, § 4-1; Code 2003, § 10-2; Ord. of 11-15-2021, § 1(Exh. A))

State Law reference— Regulation of vicious dogs, G.L. 1956, § 4-13.1-1 et seq.

Sec. 10-3. - Vicious dogs; assault.#

If any dog declared vicious under G.L. 1956, § 4-13.1-11, when unprovoked, attacks, assaults, wounds, bites, or otherwise injures, kills or seriously injures a human being, the owner or keeper shall be fined the maximum amount provided in G.L. 1956, § 4-13.1-9(c) to be used as such town council may prescribe. No such fine shall be imposed unless that officer responsible for enforcement shall have conducted an investigation of such assault and shall have certified that such dog was off the property of its owner or keeper and at large at the time such assault occurred or that such assault resulted from the negligence of such owner or keeper, pursuant to G.L. 1956, § 4-13-1.1.

(Code 1982, § 4-30; Code 2003, § 10-3)

State Law reference— Regulation of vicious dogs, G.L. 1956, § 4-13.1-1 et seq.; penalty of $1,000.00 authorized for vicious dog assault on a person, G.L. 1956, § 4-13.1-9(c).

Sec. 10-4. - Unlawful deposit of dead animal.#

No person shall throw, place or put, or cause to be thrown, placed or put, the body or remains of any dead animal into any of the ponds, streams or waters within the town, or shall leave any such body or remains of any such animal to decay on any surface of the ground insufficiently buried therein.

(Code 1982, § 4-24; Code 2003, § 10-4)

Sec. 10-5. - Wild animals.#

No wild animal may be kept within the town, except under such conditions as shall be affixed by the animal control officer; provided, however, 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 or any police officer of this town.

(Code 1982, § 4-25; Code 2003, § 10-5)

Sec. 10-6. - Abandonment.#

It shall be unlawful for any person to abandon any dog or other animal within the town.

(Code 1982, § 4-26; Code 2003, § 10-6)

State Law reference— Cruelly abandoning animals, G.L. 1956, § 4-1-3; abandonment of infirm animal, G.L. 1956, § 4-1-4.

Sec. 10-7. - Unlawfully injuring, killing, etc.; duties in case of accident.#

(a)

No person shall run down any dog or domestic animal with a vehicle, or willfully kill, abandon, injure or abuse any dog or domestic animal, except as may be permitted by law.

(b)

Any person who kills or injures a dog or domestic animal, while driving a car, shall stop at the scene of the accident and render such assistance as is practicable and shall make a report of such death or injury to the animal control officer or to a police officer.

(c)

No person shall poison any dog or domestic animal. In addition to the penalties provided in this chapter, any person alleged to have poisoned any dog or domestic animal shall be reported to the Society for the Prevention of Cruelty to Animals (SPCA).

(Code 1982, § 4-16; Code 2003, § 10-7)

State Law reference— Cruelty to animals, G.L. 1956, § 4-1-1 et seq.

Sec. 10-8. - Hitching animals to trees, fences or posts.#

No person shall leave any horse, cow, ox or other animal upon any highway, road or lane attached, tied, hitched or secured to any fence, tree, post or other structure unless such horse, cow, ox or other animal shall be hitched or harnessed to a vehicle for the purpose of drawing the vehicle.

(Code 1982, § 4-17; Code 2003, § 10-8)

State Law reference— Cruelty to animals, G.L. 1956, § 4-1-1 et seq.

Sec. 10-9. - Penalties.#

(a)

There shall be imposed a penalty for the violation of any provision of this chapter as follows:

(1)

First violation: $25.00.

(2)

Second violation in same year: $50.00.

(3)

Third and each subsequent violation in same year: $100.00.

(b)

The animal control officer or any police officer shall have the authority to issue a notice of violation of this chapter to any person in violation of the provisions of this chapter. Upon receipt of service of a notice of violation, the violator shall have five days from the date of service to pay the penalty at the police department. The notice may be served upon the violator in any reasonable manner. If a person fails to pay the penalty within such time, then the violator may be served with a complaint and warrant for appearance in court.

(Code 1982, § 4-29; Code 2003, § 10-9)

State Law reference— Maximum penalty as to dogs, G.L. 1956, § 4-13-1.

Secs. 10-10—10-25. - Reserved.#

ARTICLE II. - ADMINISTRATION#

DIVISION 1. - GENERALLY#

Secs. 10-26—10-40. - Reserved.#

DIVISION 2. - ANIMAL CONTROL OFFICER#

Sec. 10-41. - Enforcement.#

The provisions of this chapter shall be enforced by the animal control officer and any police officer of the town.

(Code 1982, § 4-2; Code 2003, § 10-41)

Sec. 10-42. - Complaints.#

All complaints made under the provisions of this chapter shall be made to the animal control officer or any police officer and may be made orally; provided, however, that such complaint shall be reduced to writing within 48 hours and shall be signed by the complainant showing such complainant's address and telephone number, if any.

(Code 1982, § 4-22(b); Code 2003, § 10-42)

Sec. 10-43. - 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 such officer's 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 the bite cases reported to such officer and all investigations of such cases.

(c)

It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of any and all complaints made to such officer or the police and his investigation of such complaints.

(d)

It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed daily records of all the animals that are seized or come into custody as well as the disposition of each animal impounded.

(e)

It shall be the duty of the animal control officer to keep a record of all seized and impounded dogs as prescribed by the state department of environmental management, as required by G.L. 1956, § 4-19-12.

(f)

It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of any and all money in his possession belonging to the town. Such records shall be open to inspections at reasonable times by such persons responsible for similar records of the town, and they shall be audited by the town annually in the same manner as other town records are audited.

(Code 1982, § 4-3; Code 2003, § 10-43)

State Law reference— Disposition of animals impounded, G.L. 1956, § 4-19-12.

Sec. 10-44. - Right of entry.#

In the discharge of the duties imposed by this chapter, the animal control officer or any police officer shall have the authority at all reasonable times to enter upon any premises, but such authority should not include the right to enter any residence on such premises without the owner's permission to examine a dog or other animal which it is reasonable to suspect is 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.

(Code 1982, § 4-4; Code 2003, § 10-44)

Sec. 10-45. - Interference with officers by others.#

No person shall interfere with, hinder or molest the animal control officer or any police officer of the town in the performance of such officer's duties, or seek to release any animal in the custody of the animal control officer or any police officer, except as provided in this article.

(Code 1982, § 4-5; Code 2003, § 10-45)

State Law reference— Obstructing officer in execution of duty, G.L. 1956, § 11-32-1.

Sec. 10-46. - Destruction of animal under emergency circumstances.#

Under emergency circumstances, the animal control officer or any police officer may destroy any injured or maimed animal after making reasonable efforts to contact the owner of such animal if the owner's identification is present on the animal.

(Code 1982, § 4-8(c); Code 2003, § 10-46)

State Law reference— Disposition of animals in emergencies, G.L. 1956, § 4-19-12(a).

Secs. 10-47—10-65. - Reserved.#

ARTICLE III. - DOGS AND CATS#

DIVISION 1. - GENERALLY#

Sec. 10-66. - Confinement of certain dogs.#

(a)

It is unlawful for any owner or keeper to maintain a dog that has been declared vicious upon any premises which does not have a locked enclosure. It is unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to comply with commands or directions of the dog officer with respect to the vicious dog, or to comply with the provisions of G.L. 1956, § 4-13.1-3(a)(1) or G.L. 1956, § 4-13.1-3 (a)(2). In this event, the vicious dog shall be securely muzzled and restrained with a leash or chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.

(b)

The owner of every female dog, cat or other animal in heat shall keep it confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female dog, cat or other animal cannot come in contact with another dog or other animal except for intentional breeding purposes, provided that no female dog, cat or other animal in heat shall be kept in a motel or an apartment.

(c)

Any dog 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 owners, unless such reclamation is authorized by any court having jurisdiction.

(d)

Any dog may, the first time it is impounded under the provisions of division 3 of this article, pertaining to nuisance abatement, be reclaimed as provided in section 10-102(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.

(Code 1982, § 4-6; Code 2003, § 10-66)

State Law reference— Control of vicious dogs, G.L. 1956, § 4-13.1-4.

Sec. 10-67. - Dogs prohibited on school and library playground properties.#

(a)

Except as provided in G.L. 1956, ch. 40-9.1 (G.L. 1956, § 40-9.1-1 et seq.), it shall be unlawful for an owner or keeper to allow such person's dog to be in schoolyards or on school property, including the recreational fields between Melrose Avenue and Lawn Avenue from Watson Avenue to Arnold Avenue.

(b)It

shall be unlawful for an owner or keeper to allow a dog to be in or on the playground adjacent to the Jamestown library.

(Code 1982, § 4-15; Code 2003, § 10-67; Ord. of 11-15-2021, § 1(Exh. A); Ord. of 7-5-2022, § 1(Exh. A))

Sec. 10-68. - Barking dogs prohibited in apartments.#

It shall be unlawful for a person to keep barking dogs in apartment structures.

(Code 1982, § 4-11; Code 2003, § 10-68)

Sec. 10-69. - Number of dogs at residences.#

It shall be unlawful for a person to keep more than three dogs over six months of age at the same residence. This section shall not apply to licensed kennels.

(Code 1982, § 4-14; Code 2003, § 10-69)

Sec. 10-70. - Dogs prohibited from being at large.#

(a)

The owner or keeper of a dog shall not allow that dog to move at large beyond the owner's or keeper's property limits. it shall be the responsibility of the owner or keeper of a dog to employ whatever measures are necessary and adequate to prevent the dog from leaving the property unrestrained and from moving about at large within the town. The owner or keeper of a dog may allow the dog to be outside the residence and within the limits of the owner's or keeper's property provided that:

(1)

The dog returns upon the voice commands of a competent person who is present; or

(2)

The dog returns when prompted by an electronic signal controlled remotely by a competent person who is present; or

(3)

The dog is attached to a leash controlled by a competent person; or

(4)

The dog is attached to a rope, cord, or chain of reasonable and adequate length which is affixed to a stationary object; or

(5)

The dog is prevented by a physical, natural, or electronic barrier from exiting the property; or

(6)

The dog is prevented in any other reasonable and adequate way from roaming beyond the property limits.

(b)

The owner and keeper of a dog may allow the dog to be outside the residence and within the limits of the property of another person in the manner described in subsection 10-70(a) provided that the owner of said property expresses assent to the owner or keeper of the dog, and the owner or keeper of the dog is responsible for ensuring that the dog does not move unrestrained beyond the limits of that property.

(c)

Any dog found moving about at large within the town shall be impounded by any police officer or other person employed by the town to enforce this chapter, and such dog shall be held at the animal shelter (pound) until the owner or keeper of the dog is located.

(d)

The owner or keeper of a dog who fails to prevent the dog from leaving the property and roaming at large as set forth in subsections 10-70(a) or (b) shall be in violation of this section and chapter.

(Code 1982, § 4-23; Code 2003, § 10-70; Ord. of 11-15-2021, § 1(Exh. A))

State Law reference— Authority to prohibit dogs running at large, G.L. 1956, § 4-13-15.1.

Sec. 10-71. - Census.#

It shall be the duty of the animal control officer or the town sergeant to conduct a complete annual dog census in the town.

(Code 1982, § 4-27; Code 2003, § 10-71)

State Law reference— Animal census, G.L. 1956, § 4-13-11.

Sec. 10-72. - Removal of dog feces.#

The owner or keeper of a dog shall not knowingly permit such dog to defecate on any sidewalk, park, public or private place or building. The owner or keeper of any dog which defecates on any of these sites must immediately remove the feces and shall immediately and properly dispose of any bag (or other container or receptacle) into which the removed feces has been placed.

An owner or keeper of a dog who fails to comply with the requirements of section 10-72 shall be in violation of this section and subject to the penalties provided in section 10-9.

(Code 1982, § 4-28; Code 2003, § 10-72; Ord. of 11-15-2021, § 1(Exh. A))

Sec. 10-73. - Leash provisions—Where and when required.#

(a)

Leash requirement. Whenever a dog moves about on the public streets, sidewalks, ways, parks, grounds, buildings, and other property within the town, the owner or keeper of the dog shall securely attach (or cause to be securely attached) a leash not exceeding seven feet in length to the identification collar affixed to the dog. the owner or keeper of the dog shall ensure that said leash is held and controlled by a person competent to handle the dog.

(b)

The only exceptions to the leash requirements of subsection 10-73(a) are set forth in subsections 10-73(c) and (d).

(c)

Exceptions to the leash requirement. At those locations and within the dates delineated in subsection 10-73(d), the owner or keeper of a dog may cause or allow the dog to move about without being attached to a leash, provided that the owner or keeper of said dog exercises and maintains direct command and control of the dog.

(d)

The locations and times at which off leash activity in accordance with subsection 10-73(c) is permitted include, and are limited to, the following:

(1)

At Fort Getty Park dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from October 1 through May 15 daily from 7:00 a.m. until 11:00 a.m. and from 3:00 p.m. until 7:00 p.m. dogs are permitted at Fort Getty at any time the park is open from October 1 through May 15, but must be leashed in accordance with subsection 10-73(a) outside the hours of 7:00 a.m. to 11:00 a.m. and 3:00 p.m. to 7:00 p.m. from May 16 through September 30 dogs are permitted at Fort Getty but must be leashed in accordance with subsection 10-73(a).

(2)

At Mackerel Cove Beach dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from October 1 through May 15. From May 16 through September 30 dogs are not permitted on the beach at any time.

(3)

At Potters Cove Beach dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from October 1 through May 15. From May 16 through September 30 dogs are permitted to be off leash in accordance with subsection 10-73(c) from 6:00 a.m. until 10:00 a.m. and from 5:30 p.m. until sunset only. At all other hours of the day from May 16 through September 30 dogs are not permitted on the beach.

(4)

At Head's Beach dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from October 1 through May 15. From May 16 through September 30 dogs are permitted to be off leash in accordance with subsection 10-73(c) from 6:00 a.m. until 10:00 a.m. and from 5:30 p.m. until sunset on that portion of the beach north of the middle rock jetty only. At all other hours of the day from May 16 through September 30 dogs are not permitted on the beach.

(5)

At Park Dock dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from October 1 through May 15. From May 16 through September 30 dogs are permitted to be off leash in accordance with subsection 10-73(c) from 6:00 a.m. until 10:00 a.m. and from 5:30 p.m. until sunset only. At all other hours of the day from May 16 through September 30 dogs are not permitted on the beach.

(6)

At Battery Park dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from January 1 through December 31.

(7)

At Eldred Avenue Recreation Complex dogs are permitted to be off leash under the direct command and control of the owner or keeper in accordance with subsection 10-73(c) from November 15 through March 31. From April 1 through November 14, dogs are permitted at the complex but must be leashed in accordance with subsection 10-73(a).

(8)

At Taylor Point dogs are permitted but must be leashed in accordance with subsection 10-73(a).

(e)

An owner or keeper of a dog who fails to meet the requirements of subsection 10-73(a) or subsection 10-73(c) or subsection 10-73(d) shall be in violation of this section and subject to the penalties provided in section 10-9.

(Ord. of 11-15-2021, § 1(Exh. A); Ord. of 7-5-2022, § 1(Exh. A))

Sec. 10-74. - [Designation of town staff].#

Town staff designated by the town administrator shall continually and periodically monitor, assess, and report to the town council whether the health, welfare, and safety of the town's residents are adequately protected in the execution of this chapter.

(Ord. of 11-15-2021, § 1(Exh. A))

Secs. 10-75—10-85. - Reserved.#

DIVISION 2. - LICENSE#

Footnotes:

--- (2) --- State Law reference— Dog license fees for the Town of Jamestown, G.L. 1956, § 4-13-4.

Sec. 10-86. - Required; fee.#

(a)

The owner or keeper of every dog over the age of six months living in the town limits shall be licensed by the town clerk during the month of April. A fee as provided in appendix C shall be paid for all neutered dogs and a fee as provided in appendix C shall be paid for all unneutered dogs. A late fee as provided in appendix C shall be paid for the licensing of any dog after April 30, pursuant to G.L. 1956, § 4-13-4.

(b)

The late fee may be waived by the town clerk for those persons who have newly acquired a dog or who have newly moved to the town.

(Code 1982, § 4-12; Code 2003, § 10-86)

State Law reference— Dog license fees for the Town of Jamestown, G.L. 1956, § 4-13-4.

Secs. 10-87—10-100. - Reserved.#

DIVISION 3. - IMPOUNDMENT#

Footnotes:

--- (3) --- State Law reference— Impoundment of animals at large, G.L. 1956, § 4-15-3; letting team go at large, G.L. 1956, § 11-22-9; authority to adopt regulations regarding dogs, G.L. 1956, § 4-13-15.1; municipal pounds, G.L. 1956, § 4-19-1 et seq.

Sec. 10-101. - Required; notice to owner.#

(a)

Any dog not in compliance with or in violation of section 10-66 or section 10-152 shall be subject to impoundment by the animal control officer. Dogs not claimed by their owners within five days of impoundment may be disposed of at the discretion of the animal control officer, except as provided in this division in the cases of certain dogs.

(b)

The animal control officer may transfer title to any dog held at the dog pound after five days have expired and such dog has not been claimed by its owner.

(c)

Immediately upon impounding dogs, the animal control officer shall make reasonable efforts 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)

Any dog 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.

(Code 1982, § 4-7; Code 2003, § 10-101)

Sec. 10-102. - Redemption of impounded dogs; other disposition.#

(a)

The owner shall be entitled to regain possession of any impounded dog, except as provided in this section in the cases of certain dogs, upon the payment of impoundment fees set forth in appendix C and establishing proof of ownership which may include license receipt, affidavits of ownership and/or a photograph of the dog.

(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, or may be placed by the animal control officer in the custody of some person for adoption deemed to be a responsible and suitable owner, who will agree to comply with the provisions of this chapter and with such other regulations as shall be fixed by the town council. Upon adoption, a fee as provided in appendix C shall be charged, and all impoundment fees shall be waived. Under no circumstances shall the ownership of any dog be transferred to an entity prohibited by G.L. 1956, § 4-19-12.

(Code 1982, § 4-8(a), (b); Code 2003, § 10-102)

State Law reference— Gift to dealer or research facility prohibited, G.L. 1956, § 4-19-12(b).

Sec. 10-103. - Mandatory spaying and neutering of dogs and cats; exemptions.#

(a)

The animal control officer shall not 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 animal control officer to have the dog or cat spayed or neutered within 30 days of the adoption date or within 30 days from the date that such cat or dog reaches sexual maturity, with the cost of such spaying or neutering to be the responsibility of the adopting party. The written agreement must include the dog's 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, telephone number and signature; and the animal control officer's name, address, telephone number and the dollar amount of the deposit remitted. In addition to executing the written agreement, the adopting party must leave with the animal control officer a deposit in the amount provided in appendix C. Such deposit shall be refunded by the animal control officer to the adopting party upon presentation of a written statement or receipt from a licensed veterinarian of the adopting party's choice where the dog or cat was spayed or neutered providing that the spaying or neutering was performed with the 30-day period. Alternatively, the animal control officer 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) of this section:

(1)

The animal control officer returns a stray dog or cat to its owner.

(2)

The animal control officer 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 such health condition is likely to be permanent.

(3)

The animal control officer 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 incapable of being done, in which instance the animal control officer 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.

(4)

The animal control officer transfers a dog or cat to another state-licensed releasing agency.

(c)

The exemptions provided in subsections (b)(2) and (b)(3) of this section shall only be applicable if the animal control officer receives such written report from a licensed veterinarian within the 30-day period during which the spaying or neutering would otherwise by required, or in the case of a report contemplated by subsection (b)(2) of this section, such report may be provided to the animal control officer during any temporary extension provided by subsection (b)(3) of this section if the health condition of the dog or cat has changed.

(d)

If requested to do so, the animal control officer shall refund deposited funds to the adopting party upon reasonable proof being presented to the animal control officer 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.

(Code 1982, § 4-8(d)—(f); Code 2003, § 10-103; Ord. of 4-9-1994, § 4-8)

State Law reference— Mandatory spaying or neutering of dogs and cats adopted from the town pound, G.L. 1956, § 4-19-16.

Sec. 10-104. - Fees.#

(a)

Any impounded dog may be reclaimed as provided in this division upon payment by the owner to the animal control officer of a fine the sum of $25.00 for the first offense and the additional sum as provided in appendix C for each day such animal is kept, and the sum of $50.00 for any subsequent offense within a fiscal year and the additional sum as provided in appendix C for each day such animal is kept. Impoundment fees set forth in this section, and such additional sums as provided for keeping animals, shall be collected by the animal control officer, or police officer for use of the town.

(b)

Upon impoundment for any violation of this chapter, the animal control officer shall issue a citation to the owner of the animal for the violation for which the animal was impounded.

(Code 1982, § 4-9; Code 2003, § 10-104)

State Law reference— Livestock impoundment fees, G.L. 1956, § 4-15-7.

Sec. 10-105. - Voluntary disposition of dogs.#

It shall not be the responsibility of the animal control officer to dispose of dogs at an owner's request. The owner of a dog or any domestic animal who wishes to dispose of such animal shall assume all costs and the responsibility for such disposal.

(Code 1982, § 4-10; Code 2003, § 10-105)

Secs. 10-106—10-125. - Reserved.#

ARTICLE IV. - RABIES CONTROL#

Footnotes:

--- (4) --- State Law reference— Treatment and control of rabies, G.L. 1956, § 4-13-29 et seq.

Sec. 10-126. - Required reports of bite cases.#

It shall be the duty of every physician or other medical practitioner to report to the animal control officer or to the police department the names and addresses of persons, and bitten persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.

(Code 1982, § 4-13(a); Code 2003, § 10-126)

Sec. 10-127. - Suspect animals.#

(a)

Report. It shall be the duty of every licensed veterinarian to report to the animal control officer any animal considered by such veterinarian to be a rabies suspect.

(b)

Death of animal under quarantine. When rabies has been diagnosed in an animal under quarantine or when rabies is suspected in such an animal by a licensed veterinarian, and the animal dies while under observation, the animal control officer shall immediately send the head of such animal to the state department of environmental management for pathological examination and shall notify the proper health official of reports of human contacts and the diagnoses.

(Code 1982, § 4-13(b), (c); Code 2003, § 10-127)

Sec. 10-128. - Biting of humans; quarantine procedures.#

Every animal which 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 or police officer for a period of no less than ten days, and shall not be released from such quarantine except by written permission from the chief of police or the animal control officer. At the discretion of the animal control officer, such quarantine may be on the premises of the owner or at the pound, or at the owner's option and expense, in a veterinary hospital of their choice. In case of stray animals, or of animals whose ownership is not known, such quarantine shall be at the town-designated animal shelter.

(Code 1982, § 4-13(d); Code 2003, § 10-128)

Sec. 10-129. - Surrender of animal; quarantine expenses; reclamation of 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 determined to be free of rabies, upon payment of the same fees levied upon such animal for the time it is interned at the animal shelter.

(Code 1982, § 4-13(e); Code 2003, § 10-129)

Secs. 10-130—10-150. - Reserved.#

ARTICLE V. - NUISANCES#

Footnotes:

--- (5) --- State Law reference— Damage by animals, G.L. 1956, § 4-14-1 et seq.; damage by dogs, G.L. 1956, § 4-13-16 et seq.; animals at large, G.L. 1956, § 4-15-1 et seq.

Sec. 10-151. - Trespass and destruction of property by animal.#

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. Such destruction is hereby declared to be a nuisance, and any such animal may be impounded by the animal control officer.

(Code 1982, § 4-8(c); Code 2003, § 10-151; Ord. of 6-10-1996, § 4-21(c))

Sec. 10-152. - Harboring or keeping of noisy or vicious animals.#

It shall be unlawful to keep or harbor any animal, whether licensed or not, whenever it shall be affirmed in writing and signed by two or more residents of separate dwellings of this town or by two or more persons regularly employed in the neighborhood, or such complaint has been affirmed in writing and signed by one or more residents of this town and the complaint has been verified by the animal control officer, that any animal is a habitual nuisance by reason of repeated howling or barking or making other noise, or being vicious or by its acting potentially vicious. Such keeping or harboring is hereby declared to be a public nuisance.

(Code 1982, § 4-21(a); Code 2003, § 10-152; Ord. of 6-10-1996, § 4-21(a))

Sec. 10-153. - Abatement by owner and town.#

(a)

Whenever an animal is a nuisance by reason of habitual trespassing, howling, barking or other noise, or by reason of doing damage to property, or by being vicious or by its acting potentially vicious or in any other manner causing undue annoyance, the animal control officer, if such officer finds such nuisance to exist, shall serve notice upon the owner of such animal, that such nuisance must be abated. It shall be unlawful for an owner not to abate such nuisance. In addition to all other penalties, if such nuisance is not thereupon abated, the animal control officer shall impound such animal.

(b)

The animal control officer shall serve notice upon the owner or keeper of the animal that the nuisance must be abated within a period of three days after the service of the notice. Each day shall constitute a separate offense. After the third day such public nuisance continues, a fine of $25.00 per day shall be imposed.

(Code 1982, §§ 4-21(b), 4-22(a); Code 2003, § 10-153; Ord. of 6-10-1996, § 4-21(b))

Secs. 10-154—10-175. - Reserved.#

ARTICLE VI. - FARM ANIMALS#

DIVISION 1. - GENERALLY#

Secs. 10-176—10-190. - Reserved.#

DIVISION 2. - SWINE#

Sec. 10-191. - Permit.#

(a)

Required to keep. No person shall keep swine within the town unless such person shall first have obtained a permit from the town council to do so, and only subject to such rules and regulations as the town council may from time to time prescribe.

(b)

Required to feed swill. No person shall feed any swill or other household offal to any swine which are kept within the town unless such person shall have received a permit to do so, and subject only to such rules and regulations as the town council shall from time to time prescribe.

(Code 1982, §§ 4-18, 4-19; Code 2003, § 10-191)

State Law reference— State permit to feed garbage, G.L. 1956, § 4-3-3.

Sec. 10-192. - Location of pig sty.#

No pig sty shall be built or maintained on marshy ground or land subject to overflow, nor within 300 feet of any inhabited house or public meeting house other than that of the proprietor of the pig sty.

(Code 1982, § 4-20; Code 2003, § 10-192)

Secs. 10-193—10-199. - Reserved.#

ARTICLE VII. - NON-DOMESTICATED ANIMALS#

Sec. 10-200. - Feeding non-domesticated animals—Purpose.#

The purpose of this article is to protect the health and safety of residents in the town 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.