The text
Footnotes:
--- (1) --- Charter reference— Animal control, art. 8, ch. 6.
Cross reference— Environment, ch. 22; animals and birds, § 22-55; horses prohibited on beaches during summer months, § 82-24; dogs on beaches, § 82-25.
State Law reference— Animals generally, G.L. 1956, title 4; maximum penalty for violation of dog ordinance, G.L. 1956, § 4-13-1(8); cruelty to animals, G.L. 1956, § 4-1-1 et seq.; poisoning animals, G.L. 1956, § 4-13-13; power of council to regulate dogs, G.L. 1956, § 4-13-1; rabies control, G.L. 1956, §§ 4-13-29—4-13-32; town ordinances, contagious diseases, G.L. § 4-4-18; animals at large, G.L. 1956, § 4-15-1 et seq.; municipal regulation of animals, G.L. 1956, § 23-19.2-1.
ARTICLE I. - IN GENERAL#
Sec. 6-1. - Nuisance abatement.#
(a)
It is 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, and such trespass is hereby declared to be a nuisance. Any such animal may be impounded by the animal control officer.
(b)
Whenever it shall be affirmed in writing and signed by a resident of this town and after investigation the animal control officer has cause to believe that the animal is a habitual nuisance by reason of trespassing, howling, barking or making other noise, causing damage to property, being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, 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 not to exceed three days after the service of the notice. Failure by the owner or keeper of the animal to abate the nuisance shall be an offense which may be prosecuted by the animal control officer in municipal court.
(Code 1986, § 3-5; Ch. 788, § 1, 8-16-1999)
Cross reference— Nuisances, § 22-21 et seq.
Sec. 6-2. - Animal waste.#
(a)
Removal and disposal required. Any person having control of an animal which defecates in or upon any sidewalk, roadway, public place, park, the town beach, or any building or any part of a building used by or open to the public shall forthwith remove and dispose of the feces.
(b)
Exemption. This section shall not apply to a licensed dog accompanying any handicapped person who by reason of his handicap is physically unable to comply with the requirements of this section.
(c)
Penalty for violation of subsection (a) of this section. Any person who shall violate subsection (a) of this section shall be guilty of an offense and shall be punished by a fine not to exceed $25.00 for the first offense, $50.00 for the second offense within a year and $75.00 for the third offense within a year and all subsequent offenses.
(Code 1986, §§ 3-21, 3-33; Ch. 788, § 1, 8-16-1999)
Cross reference— Solid waste, ch. 62.
State Law reference— Assistance animals, G.L. 1956, § 40-9.1-1 et seq.
Secs. 6-3—6-20. - Reserved.#
ARTICLE II. - DOGS#
Footnotes:
--- (2) --- State Law reference— Dog regulations, G.L. 1956, § 4-13-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 6-21. - Running at large.#
(a)
Prohibited generally. Every owner or keeper of a dog of any age whatsoever in the town shall not allow such dog to be at large outside the enclosure of such owner or keeper, but shall cause such dog when outside the enclosure of such owner or keeper to be kept on a leash.
(b)
Impoundment; fee and notice. Every dog found wandering at large on any sidewalk or in any street or highway in the town, or anywhere outside the enclosure of its owner or keeper shall be impounded by the animal control officer, who shall receive $25.00 for the use of the town for impounding such dog for the first time; $50.00 for the second time and $75.00 for each time after the second time that the dog is impounded for wandering at large. In addition thereto, $5.00 per day shall be paid for the services of the animal control officer for each day the dog is impounded for its feeding and care. If the owner or keeper of such dog shall not, within 24 hours from such impounding, seek the release of such dog, the animal control officer shall notify such owner or keeper of such dog, if known, of such impounding.
(Code 1986, § 3-17; Ch. 788, § 1, 8-16-1999)
State Law reference— Fine for violation, authority to permit citation and fine payment by mail, G.L. 1956, § 4-13-1(8); unrestricted dogs, fine, G.L. 1956, § 4-13-15.1.
Sec. 6-22. - Dog bites.#
(a)
Impoundment; investigation. Every dog, outside the enclosure of its owner or keeper, which shall bite or assault a human being, may be impounded immediately upon the filing of a written complaint with the animal control officer or the police department. The dog may be kept impounded until disposition of the case by a court of competent jurisdiction in accordance, with the provisions of this division. In making the investigation of the incident referred to in this subsection, it shall be the duty of the police and the animal control officer to inform the dog owner of the provisions of this section.
(b)
Penalties. The owner or keeper of any dog which bites or assaults a human being as provided in subsection (a) of this section may be fined $25.00 for the first offense, $50.00 for the second offense within a year, $75.00 for the third and any subsequent offense within a year, or the court may order destruction of the dog for the first offense or any subsequent offense. In addition to the above penalties, the owner or keeper shall pay the sum of $5.00 per day for the services of the animal control officer for each day the dog is impounded.
(Code 1986, § 3-19; Ch. 788, § 1, 8-16-1999)
State Law reference— Fines, G.L. 1956, § 4-13-1(8); authority regarding vicious dog, G.L. 1956, § 4-13-19; rabies control, G.L. 1956, § 4-13-31; vicious dogs, G.L. 1956, §§ 4-13.1-3, 4-13-15.1.
Sec. 6-23. - Redemption of impounded dogs.#
To obtain the release and possession of an impounded dog, the owner or keeper of the dog impounded shall pay the animal control officer the fees provided in this division together with the expense of advertising, if any; shall provide proof of the dog being licensed; and shall provide proof of a current rabies vaccination. The owner or keeper of the dog impounded shall be liable to pay the impound fees regardless of whether the owner or keeper seeks release of the impounded dog. A failure to pay the fees shall be deemed to be an offense under this article.
(Ch. 788, § 1, 8-16-1999)
State Law reference— Mandatory spaying or neutering, G.L. 1956, § 4-19-16.
Sec. 6-24. - Unattended animals in vehicles.#
No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal. For purposes of this section, the term "health hazard to the animal" shall include, but shall not be limited to, cases where there are extreme temperatures, the animal is showing signs of stress and discomfort, or where there is a lack of potable water available for the animal. If the owner of the animal cannot be found within ten minutes of discovery of the unattended animal in the vehicle, then the animal may be seized and impounded by the town. The owner will then have to claim the animal and pay all costs incurred by the town as a result of the impoundment of the animal. The owner, regardless as to whether the animal is impounded, shall be cited under this section and shall be subject to a fine of $25.00 for the first offense within a calendar year, $50.00 for the second offense within a calendar year, and $75.00 for the third and each subsequent offense within a calendar year.
(Ch. 906, § 1, 2-17-2009)
Secs. 6-25—6-40. - Reserved.#
DIVISION 2. - LICENSING#
Footnotes:
--- (3) --- State Law reference— Dog license required, G.L. 1956, § 4-13-4; rabies control, G.L. 1956, §§ 4-13-29—4-13-32.
Sec. 6-41. - Required.#
All dogs shall be licensed and collared in accordance with the provisions of state law.
(Code 1986, § 3-31)
State Law reference— Dog license required, G.L. 1956, § 4-13-4.
Sec. 6-42. - Certificate of vaccination prerequisite to license.#
No license required by the provisions of this division shall be issued any dog in the town unless the person making application therefor shall first present to the town clerk, or any other person duly authorized to issue such license, a current certificate of vaccination or inoculation against rabies for the dog which such license is requested. Such certificate shall certify that the vaccination or inoculation will be effective until the expiration date of the license being issued.
(Code 1986, § 3-32)
State Law reference— Rabies vaccination required for dogs, cats, ferrets, certain other domestic animals, G.L. 1956, §§ 4-13-4, 4-13-31.
Secs. 6-43—6-55. - Reserved.#
ARTICLE III. - HUNTING#
Footnotes:
--- (4) --- State Law reference— Shooting, etc., on posted lands of another person, G.L. 1956, § 11-44-4.
Sec. 6-56. - Prohibited; exceptions.#
No person shall hunt, take or kill any wild bird or animal at any time within the town; provided, however, that nothing contained in this section shall prohibit an owner or a tenant of land and persons who have the consent in writing of the owner or tenant, pursuant to the fish and game laws of the state, from hunting and killing wild birds or animals on such property.
(Code 1986, § 3-46)
Cross reference— Firearms prohibited; exception, § 46-7.
Sec. 6-57. - Permission.#
(a)
Required. No person shall hunt, take or kill any wild bird or animal at any time on the land of another without written permission from the owner or tenant of such land countersigned by the chief of police pursuant to the fish and game laws of the state.
(b)
Renewed annually; revocation. All permission must be renewed annually and may be revoked for cause by parties issuing the permission.
(Code 1986, §§ 3-47, 3-48)
Secs. 6-58—6-75. - Reserved.#
ARTICLE IV. - FARM ANIMALS#
Sec. 6-76. - Certain animals walking on sidewalks prohibited; exception.#
It shall be unlawful for any person to permit his own, or any other cow, horse, or other draft or bovine animal, over which he for the time being has control or care, to walk upon any sidewalk in the town, except for the purpose of crossing such sidewalk from the highway to abutting land.
(Code 1986, § 3-1)
Cross reference— Streets, sidewalks and other public places, ch. 66.
State Law reference— Local regulation of cattle, G.L. § 23-19.2-9.
Sec. 6-77. - Restriction on swine.#
It shall be unlawful for any person to keep in the town any swine within 300 feet of any dwelling house or habitation of any other person. Every day of keeping swine in violation of this section shall constitute a separate offense.
(Code 1986, § 3-2)
Sec. 6-78. - Horses.#
(a)
Restrictions. No horse shall be walked or ridden on any public property except a highway within the town nor allowed to wander or graze on any public property within the town.
(b)
Owner's responsibility. The owner or person in control of a horse shall be responsible for the immediate removal and proper disposal of any excrement discharged from the horse.
(Code 1986, §§ 3-3, 3-4)