The text
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))