ARTICLE I. - PUBLIC NUISANCE OF ANIMALS PROHIBITED
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 10-1. - Public nuisance defined.#
Public nuisance means the conduct of any owner of allowing an animal to: (1)
Damage, soil, defile or defecate on private property other than the owner's or on public property, unless such waste is immediately removed and properly disposed of by the owner of the animal;
(2)
Forage in trash, garbage or other refuse;
(3)
Be at large, unleashed, or not contained in a corral or similar structure designed to maintain the animal from roaming; except as provided in section 10-2;
(4)
Produce odors or unclean conditions sufficient to offend a person of normal sensibilities or which creates a condition conductive to the breeding of flies or other pests;
(5)
Chase vehicles, or molest, attach or interfere with other animals or persons, or unreasonably disturb the peace; or
(6)
Create a condition that is dangerous to human life or health.
(Ord. of 1-25-21(1); Ord. of 3-29-21(1))
Sec. 10-2. - Dogs considered a public nuisance.#
(a)
For the purposes of this section, a dog is considered to be "at large" while roaming or running off the property of its owner or keeper and not under its owner's or keeper's immediate control.
(1)
Under "immediate control" shall mean: (i) secured by leash or lead, or (ii) under control of a responsible person and obedient to that person's commands, or (iii) within the real property limits of its owner or other person consenting to its presence.
(2)
"Off the property of its owner or keeper" includes, but is not limited to, an easement burdening the property of the dog's owner or keeper, or other person consenting to the dog's presence, or a public right-of way, public road, public sidewalk, or public trail.
(b)
A dog is not considered to be "at large" in the following circumstances:
(1)
Dogs used for hunting are exempted from the prohibitions of this article and shall not be deemed to be running at large provided any such dog is wearing a collar with a tag showing the name and telephone number of the owner of the dog.
(2)
During field trials or formal obedience, agility, or similar training periods when the dog is accompanied by its owner or keeper.
(3)
When the dog is in a securely fenced, specifically designated dog park or dog exercise area established by a governmental entity, a homeowner's association, or a community organization, where the fencing is designed to prevent a dog from escaping.
(4)
When the dog is a service animal whose handler, because of a disability, is unable to use a harness, leash, or other tether, or the use of such a device would interfere with the service dog's safe and effective performance of work or tasks, provided that the service dog is otherwise under the handler's control through voice control, signals, or other effective means.
(5)
During search and rescue and similar public service training when the dog is accompanied by its owner or keeper, or by a qualified handler, provided the owner, keeper, or handler has the express permission of the owner or occupant of the property on which the dogs are being trained.
(6)
When the dog is a working farm dog that is either guarding or herding cows, fowl, goats, sheep, swine, or other domestic animals normally raised on a farm.
(c)
A dog is considered to "unreasonably disturb the peace" if it causes a disturbance by excessive barking or other noise making for sustained periods of more than one-half hour, or during the hours of 9:00 p.m. to 7:00 a.m. so as to disturb the quiet of a neighborhood or area. This subsection does not apply to a dog guarding, working, or herding livestock.
(Ord. of 1-25-21(1); Ord. of 3-29-21(1))
Sec. 10-3. - Penalties.#
Upon receipt of a complaint, the animal control officer shall investigate and, if satisfied of the truth of the complaint, issue a warning, in writing, to the owner or keeper of the animal that violations may result in the imposition of a civil penalty. Any person found by the animal control officer or affirmed in writing by two or more persons having separate residences in a neighborhood to be in subsequent violation of section 10-1 or 10-2 shall be subject to the following fines: (1)
1st offense .....$25.00
(2)
2nd offense (as long as said 2 nd offense is at least 30 days from the date of a citation for the 1 st offense) .....$50.00
(3)
3rd offense, the owner must pay a $100.00 fine and such animal may be impounded by the animal control officer, and all impounding fees and any additional costs of boarding the animal as long as said 3rd offense is at least 30 days from the date of a citation for the 2nd offense.
(Ord. of 1-25-21(1); Ord. of 3-29-21(1))
Sec. 10-4. - Keeping of feral and/or back yard feeder cats.#
(a)
It shall be unlawful for any person to maintain and/or keep feral cats or back yard feeder cats without:
(1)
Having such cats properly rabies vaccinated; and
(2)
Having such cats spayed or neutered.
(b)
The owner or keeper shall incur all expenses to vaccinate and alter feral cats or back yard feeder cats in compliance with this section.
(c)
Any person providing care or sustenance for an uninterrupted period of 60 days or longer shall be deemed the owner of such animal and shall adhere to the provisions of this chapter.
(d)
All violations of this section shall be subject to the penalties listed in section 10-3.
(Ord. No. 2026-0004, 1-29-26)
Sec. 10-5. - Prohibited feeding of wildlife.#
(a)
No person shall feed or in any manner provide an attractant to coyotes, foxes, raccoons and/or any other non-domesticated animals on any land either publicly or privately owned; including, but not limited to, the leaving, storing, or maintaining of any food or attractant in a manner, area, or location accessible to coyotes, foxes, raccoons and/or any other non-domesticated animals.
(b)
Except as otherwise provided in this section, no person shall cause or allow to be left or stored outside of an occupied dwelling any refuse, garbage, food product, pet food, forage product or supplement, salt, seed or birdseed, fruit, grain in a manner that would constitute an attractant to any coyotes, foxes, raccoons and/or any other non-domesticated animals.
(c)
Nothing in this act shall prohibit:
(1)
The keeping of domestic pets and/or the feeding of domestic pets outdoors so long as the pet eats all the food immediately, or the remaining food is removed as soon as the pet stops eating, or the pet is fed in a secure cage or other enclosure.
(2)
The feeding of squirrels and birds of the order Passeriformes (i.e., "perching birds" including, but not limited to, songbirds) shall be permitted exclusively from unmodified, commercially purchased, and elevated bird/squirrel feeders or their equivalent so long as the feeding is not an attractant for rats, skunks, foxes, weasels, or coyotes.
(3)
The keeping of feed that is naturally growing grain, fruit or vegetable material, including gardens and residue from lawns, gardens and other vegetable materials maintained as a mulch pile is not a violation of this section.
(d)
All violations of this section shall be subject to the penalties listed in section 10-3.
(Ord. No. 2026-0004, 1-29-26)