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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.