The text
Footnotes:
--- (2) --- State Law reference— Dog regulations, G.L. 1956, § 4-13-1 et seq.
Sec. 3-26. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal warden means the person or persons employed by the town as its enforcement officer and shall include any police officer or constable of the town. The animal warden and such assistance as may be necessary shall be appointed by the town council.
Dog pound means any premises designated by action of the town for the purpose of impounding and caring for all dogs running at large in violation of this article.
Owner means any person owning, keeping or harboring a dog or dogs.
Restraint means that a dog is under restraint if he is: (1)
Controlled by means of a leash securely connected to the dog and held by a competent person;
(2)
On or within a vehicle being driven or parked on the streets;
(3)
In a building or within a fenced enclosure on the property of its owner, which building or fence shall be adequate to prevent the dog from escaping from such building or fenced enclosure;
(4)
Securely attached on the premises of the owner by means of chain, rope or similar materials so as to limit motion of the dog to the limits of the property owner;
(5)
Under control of a competent person and obedient to that person's commands while upon the premises of the owner or upon such public property as designated by the town council.
(Ord. of 5-14-85, § 4-9)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 3-27. - Enforcement.#
Enforcement of the provisions of this article shall be the general responsibility of the police department, including, but not limited to, the animal control officer, including the power to enter on private property and issue tickets and citations for any violation of this article.
(Ord. of 5-14-85, § 4-10; Ord. of 11-10-97)
Sec. 3-28. - Restraint.#
The owner shall keep his dog under restraint at all times.
(Ord. of 5-14-85, § 4-11)
Sec. 3-29. - Impoundment.#
(a)
Any dog found in violation of the provisions of this article may be taken up by the animal warden, in lieu of issuance of a violation notice, and impounded in the shelter designated as the town dog pound, and there confined in a humane manner for a period of not less than five (5) days, and may thereafter be disposed of in a humane manner at the discretion of the animal warden if not claimed by their owners.
(b)
The animal warden may transfer title of any dog held at the dog pound to the Society for Prevention of Cruelty to Animals after the legal detention period has expired and such dog has not been claimed by its owner.
(c)
Immediately upon impounding dogs, the animal warden shall make a reasonable effort to notify the owners of such dogs and inform such owners of the conditions whereby they may regain custody of such dogs.
(d)
Notwithstanding the provisions of this article, any person who immediately notifies the animal warden that his dog has escaped from restraint and requests assistance in bringing the dog under restraint, shall not be liable for a fine, charge or fee pursuant to this article for failure to restrain the dogs.
(Ord. of 5-14-85, § 4-12)
Sec. 3-30. - Redemption of impounded dogs.#
(a)
The owner shall be entitled to regain possession of any impounded dogs upon the payment of impoundment fees as provided in section 3-31.
(b)
Any dog impounded under the provisions of this article and not reclaimed by its owner within five (5) days, may be; humanely destroyed by the animal warden, have its title transferred to the Society for the Prevention of Cruelty to Animals as provided for in section 3-29(b) or placed in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of this article.
(Ord. of 5-14-85, § 4-13)
Sec. 3-31. - Impoundment fees.#
Any dog impounded under the provisions of this article may be reclaimed upon payment by the owner to the town clerk of the sum of ten dollars ($10.00) and the additional sum of two dollars ($2.00) for each day such dog is kept, except that the second reclamation within a one-year period shall incur a fifteen dollar ($15.00) charge and thereafter, at twenty-five dollars ($25.00) per reclamation and the dog must be licensed prior to accepting the impoundment fee. The town clerk shall require any unlicensed impounded dog to be licensed prior to accepting the impoundment fees.
(Ord. of 5-14-85, § 4-14)
Sec. 3-32. - Confinement of certain dogs.#
(a)
Dangerous dogs. An owner shall confine every fierce, vicious or dangerous dog within a building or secure enclosure, and shall not take such dog out of such building or secure enclosure unless such dog is securely muzzled and upon a leash.
(b)
Confinement in the case of dog bite. With respect to any dog who shall have bitten any person or animal, the animal warden may direct the confinement of such dog for a period of fourteen (14) days from the date of such bite. Every owner so directed by the animal warden to confine his dog shall keep such a dog within a building or enclosure. If the owner shall fail to confine the dog as aforesaid, the animal warden may seize such dog and cause it to be confined in an animal shelter at the expense of the owner. At the end of the period of confinement, the owner shall provide to the animal warden a certificate of a veterinarian to the effect that the confined dog is not rabid. Upon the provision of such certificate, such dog may be released from confinement. Failure to provide a certificate in accordance with this section shall result in the dog being disposed of in such manner as the animal warden may direct.
(c)
Destruction of dog. The animal warden may destroy any dog which is found abroad in violation of the provisions of this section.
(d)
Unspayed female dogs to be confined. The owner or keeper of a female dog which has not been spayed shall keep such dog confined while the dog is in heat. It shall be a violation of this section for such dog to be allowed to run at large or be restrained out-of-doors. The animal warden shall direct that such confinement be within a building on the owner's premises, or at the owner's expense, in a kennel or veterinary hospital of the owner's choice. Any dog in heat found running at large shall be impounded by the animal warden in accordance with section 3-29.
(Ord. of 5-14-85, § 4-15)
State Law reference— Regulation of vicious dogs, G.L. 1956, § 4-13.1-1 et seq.
Sec. 3-32.1. - Vicious dogs.#
(a)
Reserved.
(b)
Registration of vicious dogs (vicious dogs as defined in G.L. 4-13.1 et seq. in which a dog is ruled vicious after a hearing. No vicious dog shall be licensed for any licensing period commencing after the passage of this article unless the owner or keeper of such vicious dog shall meet the following requirements pursuant to G.L. ch. 4-13.1-3:
(1)
The owner or keeper shall present to the town clerk proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by the vicious dog during the twelve-month period for which licensing is sought, which policy contains a provision requiring the town to be named as additional insured for the sole purpose of the town clerk to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance.
(2)
The owner or keeper shall have the licensing number assigned to such vicious dog or such other identification number as the town clerk shall determine, tattooed upon such vicious dog by a licensed veterinarian or tattooist on the upper inner lip or upper left rear thigh of the vicious dog. The dog officer may, in his or her discretion, designate the particular location of the tattoo. Said number shall be noted on the town licensing files for such vicious dog if it is different from the license number of such vicious dog. For the purposes of this section, "tattoo" shall be defined as any permanent numbering of a vicious dog by means of indelible or permanent ink with the number designated by the licensing authority or any other permanent, acceptable method of tattooing. The town clerk shall affix a two (2) letter prefix to the identification number in order to identify the town in which the dog was initially licensed.
(3)
The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway.
(4)
The owner or keeper shall sign a statement attesting that:
The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license; and
The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced enclosure for the vicious dog on the property where the vicious dog will be kept or maintained; and
The owner or keeper shall notify the licensing authority as soon as practicable, but in no case later than twenty-four (24) hours if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human or has died or has been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide the licensing authority the name, address and telephone number of the new owner or keeper.
(5)
The dog officer may make whatever injury he or she deems necessary to ensure compliance with this ordinance and he or she is empowered to seize and impound a vicious dog whose owner or keeper fails to comply with this section.
(6)
In the event that the owner or keeper of the dog refused to surrender the animal to the dog officer, the dog officer may request a police officer to obtain a search warrant from a justice of the district court and to seize the dog upon execution of the warrant.
(c)
Penalties for violations. Any vicious dog:
(1)
Which does not have a valid license in accordance with the provisions of this article; or
(2)
Whose owner or keeper does not secure the liability insurance coverage required in accordance with this section; or
(3)
Which is not maintained on property with an enclosure; or
(4)
Which shall be outside of the dwelling of the owner or keeper or outside of an enclosure except as provided for in the provisions of this section; or
(5)
Which is not tattooed;
Shall be confiscated by a dog officer and promptly destroyed in an expeditious and humane manner. In addition, the owner or keeper shall pay a two hundred fifty dollar ($250.00) fine.
(d)
If any vicious dog shall kill, wound or worry or assist in killing or wounding any domestic animal as defined in G.L. ch. 14-13.1-2, the owner or keeper of said dog shall pay a two hundred fifty dollar ($250.00) fine; and the dog officer is empowered to confiscate and the owner or keeper shall destroy said vicious dog; and for each subsequent violation, the owner or keeper of said dog shall pay a fine of five hundred dollars ($500.00).
(e)
If any vicious dog shall attack, assault, wound, bite or otherwise injure or kill a person, the owner or keeper shall pay a five hundred dollar ($500.00) fine and, for each subsequent violation, pay a fine of an additional five hundred dollars ($500.00).
(f)
In addition to those provisions of Rhode Island General Law as adopted in this amended ordinance the town does hereby accept the provisions of G.L. tit., ch. 13.1, as amended, and does hereby incorporate them within this Code.
(g)
The penalties in this section are in addition to, and shall in no way limit, any other civil or criminal remedies which may accrue as a result of any conduct of a vicious dog as described in this section.
(Ord. of 9-17-2002; Ord. of 7-11-2017(1))
Editor's note— Ord. of Sept. 17, 2002 set out provisions for use as § 3-37a. To preserve the style of this Code and at the editor's discretion these provisions have been included as § 3-32.1.
Sec. 3-33. - Nuisance abatement.#
No person shall keep or harbor any dog, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys persons residing in the neighborhood, and each day of the keeping or harboring of such dog shall constitute a separate offense.
(Ord. of 5-14-85, § 4-16)
Sec. 3-34. - Unvaccinated dogs prohibited.#
(a)
No dog over six (6) months old shall be permitted within the town limits unless such dog shall have been vaccinated or immunized in the manner set forth in subsection (c) of this section, within a period of twelve (12) months, if such dog shall have been vaccinated or immunized with the one-year vaccine, or within a period of thirty-six (36) months, if such dog shall have been vaccinated or immunized by the two-year vaccine.
(b)
It shall be unlawful for any person to own, keep, or harbor any dog over six (6) months old within the town, unless such dog shall have been vaccinated or inoculated in accordance with the provisions of this section.
(c)
The vaccination or immunization referred to in this section shall be by a vaccine approved by the state department of health and shall be certified to by a licensed veterinarian. Such certificate shall be dated as of the date of inoculation or vaccination, shall show the rabies tag number, the sex and breed of dog, and the owner thereof, and whether the vaccine given is the one-year or two-year vaccine, together with such other information as may reasonably be required by the health officer or the veterinarian administering the same.
(d)
No license shall be issued for any dog required to be licensed in the town unless the person making application therefor shall first present to the town clerk a current certificate of vaccination or inoculation for the dog for which license is requested. Such certificate shall certify that the dog for which the license is to be issued has been properly vaccinated or inoculated in accordance with the provisions of this section.
(e)
Any dog over six (6) months old found within the limits of the town without evidence that such dog has been vaccinated or inoculated in accordance with the provisions of this section may be impounded by the animal warden or other authorized person. Such dog shall be held in impoundment under the terms and procedures set forth in sections 3-29, 3-30 and 3-31 and may be redeemed in accordance with such terms and procedures and a showing of proof that the dog has been vaccinated.
(Ord. of 5-14-85, § 4-17)
State Law reference— Compulsory rabies vaccination, G.L. 1956, § 4-13-31.
Sec. 3-35. - Prohibited in certain places.#
Warren Town Beach. Licensed and leashed dogs are permitted to walk on the sidewalk and grass areas at the Warren Town Beach. All dogs must be leashed and under control at all times. Those in control of said dogs are required to clean up and dispose of all animal waste. The fines and duties imposed by section 3-35.1 of this section shall apply.
Dogs are prohibited from being on the sand at the beach from 7:00 a.m.—7:00 p.m. daily, from Memorial Day—Labor Day.
These restrictions do not apply to service dogs.
(Ord. of 5-14-85, § 4-18; Ord. of 4-9-2019)
Cross reference— Parks and recreation, Ch. 14.
Sec. 3-35.1. - Dog waste removal.#
(a)
It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street, sports field/facility, park, school property and other grounds or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property which is not owned or occupied by such person.
(b)
No person who owns, possesses or controls a dog shall enter upon any sidewalk, street, sports field/facility, park, school property or other ground, other public area, or any private property not owned by said person without the means of removal of any feces left by such dog.
(c)
Any person who fails to comply with (a) of this section shall be subject to a fine of up to twenty-five dollars ($25.00) for each offense. The town animal control officer may impose any such fine as he or she sees fit.
(d)
This regulation shall not apply to a licensed dog accompanying any handicapped person, who by reason of his/her handicap, is physically unable to comply with the requirements of this section.
(e)
The provisions of this section are severable and if any of the provisions of this section shall be held unconstitutional or in conflict with any other section of the Town Charter or the Warren Town Code or state law, then such section shall be void without affecting or impairing any of the remaining provisions.
(Ord. of 11-10-97; Ord. of 4-9-2019)
Sec. 3-36. - Mistreating dogs.#
(a)
No person shall cruelly hurt or mistreat any dog or other animal, whether by intent to so hurt or mistreat or by neglect or negligence in the care of such animal.
(b)
No owner or keeper of a dog who shall move from his or her place of residence shall leave behind such dog or animal without notifying the animal warden of their intent to move and to give the animal warden sufficient time to remove such animal.
(Ord. of 5-14-85, § 4-20)
State Law reference— Cruelty to animals, G.L. 1956, §§ 4-1-1—4-1-16.
Sec. 3-37. - Keeping of more than three dogs.#
No person shall keep or harbor more than three (3) dogs, aged three (3) months or older, whether or not owned by such person, except when such person is a hobby breeder of purebred dogs holding a valid kennel license issued by the town, subsequent to a public hearing being held by the town council.
(Ord. of 5-14-85, § 4-23)
Sec. 3-38. - Records.#
Records as may be deemed necessary and proper by the town council shall be maintained.
(Ord. of 5-14-85, § 4-23)
Sec. 3-39. - Violation notices; charges.#
(a)
The animal warden may issue a violation notice to any owner or owners of any dog which violates any provision of this article or fails to cause a dog owned or kept by him to be licensed. The violation notice shall inform such person of the particular violation and that he shall pay the following charges:
First offense .....$25.00
Second offense within a one-year period .....50.00
For the third and each offense thereafter within a one-year period .....100.00
(b)
Payment shall be made to the town treasurer by mail or in person, within seven (7) days of the date of the violation. If a person refuses or fails to pay the charge within the seven-day period, the town treasurer shall so inform the police department and the person shall be prosecuted in court according to law for such violation.
(Ord. of 5-14-85, § 4-21; Ord. of 4-12-2005)
State Law reference— Penalties for violation of municipal dog ordinances, G.L. 1956, § 4-13-1.
Sec. 3-40. - Penalty.#
Any person who fails to pay the fine within the seven-day period as required by section 3-39, shall be prosecuted in the First District Court and subject to the same fines as set out in section 3-39 plus costs.
(Ord. of 5-14-85, § 4-22)