The text
FOOTNOTE(S):
--- (1) --- refcharter or refcross or refstatelaw Cross reference— Animals and pets in trailer parks restricted.
refcharter or refcross or refstatelaw State Law reference— Animals generally, G.L. 1956, Tit. 4; maximum penalty for violation of dog ordinance, G.L. 1956, § 4-13-1; 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; town ordinances, contagious diseases, G.L. 1956, § 4-4-18; municipal regulation of animals, G.L. 1956, § 23-19.2-1; animals at large, G.L. 1956, § 4-15-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 3-1. - 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 enforcement officer and shall include any police officer of the town.
At large. Any dog shall be deemed to be at large when it is off the property of his owner and not under control of a competent person.
Dog pound means any premises designated by action of the town for the purpose of impounding and caring for all animals found running at large in violation of this chapter.
Exposed to rabies. A dog has been exposed to rabies within the meaning of this chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.
Kennel means any person engaged in the commercial business of breeding, buying, selling or boarding dogs or for hobby and recreation.
Owner means any person owning, keeping or harboring a dog.
Restraint. A dog is under restraint within the meaning of this chapter if he is controlled, or at "heel" beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
Spayed female means any bitch which has been operated upon to prevent conception.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 1)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 3-2. - Enforcement.#
The provisions of this chapter shall be enforced by the animal control officer and any police officer of the town.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 7; Ord. of 11-11-71, § 2)
Sec. 3-3. - Penalty for violations.#
Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be fined in accordance with section 1-4. Upon conviction of any person for violation of this chapter, the court convicting such person may authorize the animal control officer to destroy the animal which is the subject of the offense for which the person is convicted. All money received as fines hereunder shall be credited to the dog fund of the town.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 4)
Sec. 3-4. - Redemption of impounded dogs or other animals.#
(a)
The owner shall be entitled to regain possession of any impounded dog or other animal, except as hereinafter provided in the cases of certain dogs, at any time upon the payment of impoundment fees set forth herein.
(b)
Any dog or other animal impounded under the provisions of this chapter and not reclaimed by its owner within five (5) days, may be humanely destroyed by the animal control officer, or placed in the custody of some person deemed to be a responsible and suitable person, who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the animal control officer.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 5)
Sec. 3-5. - Impoundment fees.#
Any animal impounded under this chapter may be reclaimed as herein provided upon payment by the owner to the animal control officer of the required impoundment fees which shall be set from time to time and a schedule of such fees is on file in the town clerk's office.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 6)
Sec. 3-6. - Confinement of certain dogs and other animals.#
(a)
The owner shall confine within a building or secure enclosure, every known fierce, dangerous or vicious dog or other animal, and not take such dog or other animal out of such building or secure enclosure unless such dog or other animal is securely muzzled. Secure enclosures may include fences capable of confining such dog or other animal but shall not include so-called electronic or invisible fences.
(b)
Every female dog or other animals in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel or under control of a competent agent, in such a manner that such female dog or other animals cannot come in contact with another dog or animal, except for intentional breeding purposes.
(c)
Any animal described in the foregoing subsections of this section found at large or not confined as prescribed, may be impounded by the animal control officer or the owners thereof may be cited to appear in the district court to answer charges of violation of this section. If the animal is impounded, and if the owner is known, the officers shall notify the owner within seventy-two (72) hours from the time the animal is impounded for a hearing to determine whether there has been a violation of this section.
Comment Text (parent not a footnote)(Code of 11-11-71, § 7; Ord. of 11-9-95(1))
Sec. 3-7. - Nuisance abatement.#
(a)
The keeping or harboring of any dog, or other animal or fowl, whether licensed or not, which by unreasonable and habitual howling, yelping, barking or other noise disturbs or annoys three (3) or more persons having separate residences is unlawful and is hereby declared to be a public nuisance and each day shall constitute a separate offense.
(b)
It shall be 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 the same is hereby declared to be a nuisance and any such animal may be impounded by the animal control officer whenever it shall be alleged in writing by three (3) or more persons having separate residences, or regularly employed in the neighborhood that any animal is a nuisance by reason of barking, howling, yelping or other noise, trespassing, causing damage to property, or is vicious or in any manner causing undue annoyance, the animal control officer if he/she finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated.
(c)
If the nuisance is not abated, the animal control officer may impound the animal and/or notify the owner to appear before the district court for a hearing to determine if there has been a violation of this section. Each day shall constitute a separate offense.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 8; Ord. of 11-14-96; Ord. of 2-12-98)
Sec. 3-8. - Miscellaneous provisions.#
All complaints made under the provisions of this chapter shall be made to the animal control officer or the police department, and may be made orally; provided, however, that such complaint is within forty-eight (48) hours, reduced to writing on forms provided by the animal control officer and shall be signed by the complainant showing his address and telephone number, if any.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 9)
Sec. 3-9. - Records.#
(a)
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his custody.
(b)
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation of the same.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 10)
Sec. 3-10. - Keeping of hogs.#
No person shall keep or cause, suffer or permit to be kept any hog in this town to the annoyance of his neighbors.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Sec. 3-11. - Keeping of fowl.#
No person shall keep in this town, or cause, or allow to be kept, any fowl of any kind to be kept in any part of a dwelling house or allow any fowl to go at large off his premises.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 2)
Sec. 3-12. - Disposal of carcasses of dead animals.#
If any domestic animal shall die, the owner or person having charge thereof shall forthwith cause the body of the same to be sanitarily disposed of by burial or by burning or shall remove the body from the town.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 4)
Sec. 3-13. - Keeping animals where food served.#
No person shall keep any dog or other animal in any place of business where food is served without first obtaining a permit from the town council.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 3)
Sec. 3-14. - Fees, renewal.#
The annual fee for each permit and/or license required to be obtained under this chapter shall be set from time to time and a schedule of such fees is on file in the town clerk's office. All money received hereunder shall be credited to the dog fund of the town. All permits and/or licenses shall expire on the thirtieth (30th) day of April of each year, and application for renewal must be made annually.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 5; Ord. of 7-8-99, § 1)
Sec. 3-15. - Animals prohibited from town ballfields.#
(a)
It shall be unlawful for any person to allow or permit any animal to trespass on any ballfield within the town and the same is hereby declared to be a nuisance.
(b)
Ballfield is defined as any area owned and maintained by the town for ballgames including, but not limited to baseball, softball, soccer and tennis.
Comment Text (parent not a footnote)(Ord. of 7-9-92)
Secs. 3-16—3-29. - Reserved.#
ARTICLE II. - DOGS#
Sec. 3-30. - Licensing of dogs.#
Any person who becomes the owner or keeper of a dog shall obtain a license for that dog within thirty (30) days of becoming the owner or keeper of said dog or within thirty (30) days of said dog attaining the age of six (6) months. Said license shall be renewed annually in accordance with section 3-14 of this chapter.
Comment Text (parent not a footnote)(Ord. of 7-8-99, § 1)
Sec. 3-31. - Restraint.#
(a)
The owner shall keep his dog under restraint at all times and shall not permit such dog to be at large, off the premises or property of the owner, unless under the control of a competent person.
(b)
Restraint means when the animal is leashed, within a motor vehicle, on the property of its owner or keeper, or on the property of a person other than its owner or keeper, provided that such person is agreeable to the animal's presence.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 3; Ord. of 9-9-93)
Sec. 3-32. - Impoundment.#
(a)
Any dog found running at large in the town shall be taken up by the animal control officer, and impounded in the shelter designated as the town dog pound, and confined there in a humane manner for a period of not less than five (5) days, unless first claimed by owner thereof in accordance with section 3-37, and may thereafter be disposed of in a humane manner if not claimed by their owners.
(b)
When dogs are found running at large, and their ownership is known to the animal control officer, such officer may:
(1)
Cite the owners of such dogs to appear in the Eighth District Court to answer charges of violation of this article;
(2)
Impound the dog; or
(3)
Both cite the owners to appear in the Eighth District Court and impound the dog.
(c)
Immediately upon impounding dogs, the animal control officer shall make every possible reasonable effort 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 animal, other than a dog, found running at large within the town may be impounded or disposed of according to law when such action is required either to protect the animal or to protect the residents of the town.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 4)
Sec. 3-33. - Number of dogs restricted.#
No person shall keep, other than in a duly licensed breeding kennel, in any household (or on the premises thereof) occupied by such person more than two (2) dogs over the age of six (6) months without first obtaining a permit from the town council.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 1)
Sec. 3-34. - Penalty for violations; citations.#
(a)
The animal control officer of the town is authorized to issue citations which may be paid by mail to the owners or keepers of dogs for the violation of any provision of this article.
(b)
Citations paid by mail shall be by check or money order payable to "Town of Scituate," postmarked within ten (10) days of the date of the citation and mailed by regular mail, postage prepaid, addressed to:
Animal Control Officer
Town of Scituate
P.O. Box ;#rule;
North Scituate, RI 02857
(c)
Fines for violation of any dog ordinance of the town shall be as set forth in General Laws Section 14-13-1(b)(13)(i) as follows:
(1)
Twenty dollars ($20.00) for the first offense within a calendar year;
(2)
Thirty dollars ($30.00) for the second offense within a calendar year; and
(3)
Fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(d)
All fines for violation of any provision of this article shall be added to the general fund of the town.
Comment Text (parent not a footnote)(Ord. of 11-14-85; Ord. of 7-8-99, § 1)
Sec. 3-35. - Control of biting dogs.#
(a)
Every dog which bites a person shall be promptly reported to the animal control officer, and shall thereupon be securely quarantined at the direction of the animal control officer for a period of fourteen (14) days. Upon demand of the animal control officer the owner or keeper of such dog shall, at his own expense, cause such dog to be examined for rabies by a licensed veterinarian who shall furnish a written report of his examination to the animal control officer. In cases where such examination has been demanded the dog shall remain quarantined until the animal control officer has received the veterinarian's report.
(b)
In addition to the quarantine and examination set forth in (a) above, every dog which bites a person for a second time while off the premises of its owner or keeper shall thereafter be kept confined on the premises of its owner or keeper or in a kennel, except that it shall be allowed to leave such premises or kennel confined in a motor vehicle or under control on a leash.
(c)
Every dog which habitually bites or attacks other dogs or domestic animals while off the premises of its owner or keeper shall, at the direction of the animal control officer, be kept confined as provided in paragraph (b) above.
Comment Text (parent not a footnote)(Ord. of 3-9-67, §§ 1—3)
Sec. 3-36. - Control of unspayed female dogs.#
The animal control officer may from time to time direct the owner or keeper of any unspayed female dog to keep such dog confined as provided in section 3-35(b). Such period of confinement shall not exceed twenty-one (21) days at any one (1) time.
Comment Text (parent not a footnote)(Ord. of 3-9-67, § 4)
Sec. 3-37. - Confinement by town.#
If the owner or keeper of any dog shall fail to obey an order of the animal control officer as to quarantine, confinement or veterinarian examination, the animal control officer is empowered to seize such dog and may enter upon the premises of the owner or keeper to do so. Thereafter, the owner or keeper shall be liable to the town for the cost of picking up such dog, for the cost of impoundment and for the expense of examination by a veterinarian. The animal control officer shall not be obliged to surrender such dog to the owner or keeper until all such fees and expenses are paid in full. If after five (5) days the owner or keeper does not reclaim such dog and pay such fees and expenses, the animal control officer is empowered and authorized to kill such dog and charge the expense of execution and disposal, to the owner or keeper.
Comment Text (parent not a footnote)(Ord. of 3-9-67, § 5)
Sec. 3-38. - Seizure of nuisance dogs.#
The animal control officer is authorized to seize any dog which is causing a nuisance while off the premises of its owner. After seizing such dog the animal control officer shall notify the owner or keeper of such dog, if such owner or keeper is known to the animal control officer, and the officer shall surrender such dog to its owner or keeper upon payment for the cost of picking up such dog and the cost of impoundment. If five (5) days after notified the owner or keeper does not reclaim such dog and pay such fees and expenses, the animal control officer is empowered and authorized to kill such dog and charge the expense of execution and disposal, to the owner or keeper.
Comment Text (parent not a footnote)(Ord. of 3-9-67, § 6)
Sec. 3-39. - Penalty for violation of sections 3-35 through 3-38.#
Any person violating the provisions of sections 3-35 through 3-38 shall be punished in accordance with section 1-4.
Comment Text (parent not a footnote)(Ord. of 3-9-67, § 7)
Sec. 3-40. - Late licensing fee.#
(a)
This section is to supplement chapter 196 of Public Laws 1970 (amending General Laws section 4-13) in that such statute neglects to provide for the licensing of dogs which are required to be licensed during the month of April of any year but are not so licensed.
(b)
Every person owning or keeping a dog which by statute is required to be licensed during the month of April of any year but is not so licensed may have such dog licensed during any subsequent month upon paying to the town clerk seven dollars ($7.00); otherwise the town clerk shall not issue a license for such dog.
Comment Text (parent not a footnote)(Ord. of 2-11-71, § 2)