The text
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)