The text
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)