The text
Sec. 4-1. - Definitions.#
As used in this chapter, the following terms shall have the meanings designated in this section:
Animal control officer means the person or persons employed by the city as its enforcement officer, and shall include any police officer of the city.
At large. Any dog shall be deemed to be at large when he/she is off the property of his/her owner and not under control of a competent person.
City public pound means any premises designated by action of the city 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.
Owner means any person owning, keeping or harboring a dog or dogs.
Restraint. A dog is under restraint within the meaning of this chapter when it is: (1)
Leashed;
(2)
Within a motor vehicle; or
(3)
Within a suitable enclosure.
Spayed female means any bitch which has been operated upon to prevent conception.
(Code 1971, § 3-1)
Cross reference— Definitions generally, § 1-2.
Sec. 4-2. - Exemptions from chapter.#
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where expressly stated.
(Code 1971, § 3-2)
Sec. 4-3. - Enforcement.#
The provisions of this chapter shall be enforced by the animal control officer of the city and any police officer of the city.
(Code 1971, § 3-3)
Sec. 4-4. - Filing complaints.#
All complaints made under the provisions of this chapter shall be made to the animal control officer and may be made orally; provided, however, that such complaint is made within 48 hours, reduced to writing on forms provided by the animal control officer, and shall be signed by the complainant showing his/her address and telephone number, if any.
(Code 1971, § 3-4)
Sec. 4-5. - Authority to enter premises and take up animals.#
In the discharge of the duties imposed by this chapter, the animal control officer or any police officer of this city shall have the authority at all reasonable times to enter upon any premises (but such authority shall not include the right to enter any residence on such premises) to examine a dog or other animal which is allegedly in violation of a provision of this chapter. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises.
(Code 1971, § 3-5)
Sec. 4-6. - Interference with or attempting to remove animal from animal control officer or police officer.#
No person shall interfere with, hinder or molest the animal control officer or any police officer of this city in the performance of his/her duties, or seek to release any animal in the custody of the animal control officer or any police officer, except as herein provided.
(Code 1971, § 3-6)
Sec. 4-7. - Records to be kept by animal control officer.#
(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/her 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/her and his/her investigation of the same.
(c)
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all monies belonging to the city, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the city and which shall be audited by the city annually in the same manner as other city records are audited.
(Code 1971, § 3-7)
Sec. 4-8. - Restraint of dogs required at all times.#
The owner shall keep his/her 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.
(Code 1971, § 3-8)
Sec. 4-9. - Dogs prohibited on school property, Oakland Beach Common and city athletic fields; removal of waste deposited by dogs.#
(a)
[Dogs prohibited in schoolyards, Oakland Beach Common and athletic fields.] No dogs are allowed in schoolyards or on school property whether at large or under restraint, except so-called Seeing Eye dogs; further, for reasons of public health and safety, dogs shall not be permitted on city athletic fields or on Oakland Beach Common.
(b)
Duties to dispose. It shall be the duty of each person who owns, possesses or controls a dog to immediately remove and then dispose of any feces left by his/her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to immediately remove and then dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.
(c)
Duty to possess means of removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
(d)
Method of removal and disposal. For the purpose of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces, or to a place specifically reserved for the disposal of canine feces.
(e)
Exemption. 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 requirement of this section.
(f)
[Violation.] Any violation of this section shall be punishable by a fine of $50.00, which fine shall be paid directly to the city's municipal court as provided in section 42-13.
(Code 1971, § 3-9; Ord. No. O-95-5, 4-10-95; Ord. No. O-04-21, § I, 8-3-04; Ord. No. O-09-29, § I, 10-15-09)
Sec. 4-10. - Dogs prohibited in stores and eating places; exception.#
No dogs are allowed in any stores or eating places within the city, whether at large or under restraint, except those assistive animals specifically trained by a certified training program to assist a person with a disability to perform independent living tasks.
(Code 1971, § 3-10)
Sec. 4-11. - Maximum number of dogs and cats; exception.#
(a)
No owner, lessee or occupant shall keep or permit to be kept more than three dogs over 12 weeks in age on any lot or parcel of land. For purposes of this section, multiple lots in common ownership are deemed to be a single parcel of land.
(b)
No owner, lessee or occupant shall keep or permit to be kept more than three cats over 12 weeks in age on any lot or parcel of land. For purposes of this section, multiple lots in common ownership are deemed to be a single parcel of land.
(c)
An owner, lessee or occupant shall not be in violation of subsection (a) or (b) of this section if a permit to keep a greater number has been granted by the board of public safety, which board shall grant such permission only after hearing, with notice to owners of property abutting the premises, and only if, after a report from the animal control officer and such other information as the permit applicant and abutters wish to present, the board shall determine that the number requested will not constitute a health hazard or nuisance.
(d)
Upon being apprised of a violation of either subsection (a) or (b) of this section, the animal control officer shall send written notice of the violation by registered mail to the owner, lessee or occupant informing such person of the right to apply by letter through the animal control officer to the board of public safety for a permit. If more than 14 days have passed after the notice has been sent and no application for a permit has been received by the animal control officer and the owner, lessee or occupant continues to own, lease or occupy property in violation of subsection (a) or subsection (b) of this section, then prosecution for violation of this section may be commenced in the city municipal court.
(e)
Any person found in violation of either subsection (a) or subsection (b) of this section shall be punished by a fine as provided in section 18-1, per day or where appropriate, the municipal court may impose a sentence in jail and impose a fine or both as set forth in G.L. § 45-2-19, which established the municipal court.
Any person who, having obtained a permit in accordance with subsection (c) of this section, violates the terms of that permit, shall be punished by a fine as provided in section 18-1, per day or where appropriate, the municipal court may impose a sentence in jail and impose a fine or both as set forth in G.L. § 45-2-19, which established the municipal court.
(Code 1971, § 3-11; Ord. No. O-11-5, § I, 4-26-11)
Sec. 4-12. - Confinement of dangerous dogs and female animals in heat; impoundment; reclamation.#
(a)
The owner of every vicious dog shall adhere to all restrictions put upon such dog by the vicious dog panel.
(b)
Every female dog or other animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female dog or other animal 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, shall be impounded by the animal control officer and may not be reclaimed by the owner, unless such reclamation be authorized by any court having jurisdiction.
(d)
Any dog or other animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in this chapter, but may not be reclaimed when so impounded on second or subsequent occasions unless such reclamation is authorized by a court having jurisdiction in the matter.
(e)
When, in the judgment of the animal control officer or any police officer in this city, an animal should be destroyed for humane reasons, such animal may not be reclaimed.
(Code 1971, § 3-12; Ord. No. O-09-32, § I, 12-20-09; Ord. No. O-17-15, § I, 7-18-17)
Sec. 4-13. - Keeping or feeding wild animals; destruction of escaped wild animals.#
(a)
No wild animal may be kept within the city limits, except under such conditions as shall be fixed 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. Any wild animal which escapes and is found at large may be destroyed by the animal control officer or any police officer of this city.
(b)
The feeding of wild coyotes within city limits is prohibited and punishable utilizing provisions of section 1-4 in the Code of Ordinances.
(c)
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 wild animal.
(d)
Notwithstanding the above, feeding of squirrels and birds of the order Passeriformes (i.e. "perching birds" including, but not limited to, songbirds) but not including carnivorous birds or waterfowl shall be permitted exclusively from elevated bird/squirrel feeders providing seed, grain, fruit, worms or suet for birds or squirrels located within 100 feet of an occupied dwelling during such times and in such quantities that: (1) Such feeding does not create an unreasonable disturbance or nuisance that affects the rights of surrounding property owners; or, (2) Is not an attractant for rats, skunks, foxes, weasels, or coyotes. Feeding of birds of the family Trochilidae (i.e. hummingbirds) shall be permitted exclusively from elevated bird feeders providing food suitable for such birds.
(e)
Notwithstanding the above, feed that is deposited by natural vegetation or found solely as a result of normal agricultural or gardening practices is not a violation of this section.
(f)
Any person violating any provision of subsection (c) of section 4-13 shall be subject to a warning only for a first violation within a one-year period. A second violation within a one-year period shall be punishable by a fine of up to $250.00. Third and subsequent violations within a one-year period shall be punishable by a fine of not less than $50.00 nor more than $500.00. Any such violation shall be considered a civil offense as opposed to a criminal offense.
(Code 1971, § 3-13; Ord. No. O-09-33, § I, 12-20-09; Ord. No. O-19-1, § I, 3-21-19)
Sec. 4-14. - Noisy animals; animals destroying property; nuisance animals generally.#
(a)
The keeping or harboring of any dog or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any person or neighborhood, is unlawful, and is hereby declared to be a public nuisance.
(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 affirmed in writing by one or more persons having separate residences, or regularly employed in the neighborhood, that any animal is an habitual nuisance by reason of trespassing, howling, barking, or other noise, or damage to property, or by reason of being vicious or by its actions potentially vicious, or in any other 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.
(Code 1971, § 3-14)
Cross reference— Noise, § 40-13.
Sec. 4-15. - Burial of dead animals.#
It shall be unlawful for any person to bury or cause to be buried the body of any horse, ox, mule, cow, bull, sheep, dog or other large animal within the city limits, unless every part and portion of such body shall be at least three feet below the natural surface of the ground where the same is buried and such burial is done in conformity with the requirements of the state veterinarian.
(Code 1971, § 3-15)
Sec. 4-16. - Disposal of dead animal or animal substance in pond, well or other source of water.#
It shall be unlawful for any person to throw, deposit, put or place in any pond, river, stream or other collection of water in the city, any dead animal or creature of any kind whatsoever or any animal substance, or to deposit the same in any well, pool, cistern or spring of water used by any person or family for household purposes or otherwise.
(Code 1971, § 3-16)
Sec. 4-17. - Penalty.#
Except as otherwise provided herein, any person convicted of violating any provision of this chapter may be punished by the payment of a fine as provided in G.L. 1956, § 4-13-1, to be recovered for the use of the city. Each day's violation may constitute a separate offense.
(Code 1971, § 3-17; Ord. No. O-98-37, § I, 10-19-98)
Sec. 4-18. - Destruction of animals.#
Destruction of animals in a gas chamber is prohibited. All animals which are euthanized within the city shall be done so by lethal injection.
(Ord. No. O-01-20, § I, 10-10-01)
Sec. 4-19. - Minimum care of animals.#
(a)
An owner or guardian of any animal must provide daily proper nourishment and access to adequate water at a drinkable temperature, quality and quantity as required by the species, breed, size and age of the said animal, which will allow and foster normal growth and maintenance of body weight.
(b)
An owner or guardian of any animal must maintain a sanitary environment, which is dry and free of accumulated feces, and free of debris and garbage that may clutter the environment so as not to inhibit comfortable rest, normal posture and range of movement or pose a danger to or entangle an animal, this as set by the industry standard for the environmental health scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).
(c)
An owner or guardian of any animal must maintain said animal's health with minimum veterinary care, and a healthy physical condition as set by the industry standard for the body condition scale, and physical care scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).
(Ord. No. O-09-31, § I, 10-20-09)
Sec. 4-20. - Sheltering, tethering and nourishment of dogs.#
(a)
No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than 30 minutes without access to adequate shelter or adequate water or food for use by such dog.
(b)
No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than 30 minutes when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).
(Ord. No. O-09-31, § I, 10-20-09)
Sec. 4-21. - Penalties for violations.#
Any violation of sections 4-19 or 4-20 shall result in a fine of $100.00 for a first violation, $200.00 and seizure of animal for a second violation, and $400.00 and the seizure of the animal for a third violation. Second and subsequent violations of sections 4-19 or 4-20 may be considered a violation of G.L. § 4-1-2.
(Ord. No. O-09-31, § I, 10-20-09)
Sec. 4-22. - Pet stores—Prohibition of the sale of dogs and cats.#
(a)
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:]
Commercial establishment means any for profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs and cats, including grooming parlors, canine day care, and boarding facilities.
Non-profit rescue organization means any Rhode Island non-profit corporation that is exempt from taxation under Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats; or any non-profit organization that is not exempt from taxation under Internal Revenue Code, Section 501(c)(3) but is currently an active rescue partner with a city shelter or humane society, whose mission is, in whole and significant part, the rescue and placement of dogs or cats.
(b)
It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog or cat in any pet store, retail business or other commercial establishment located in the city.
(c)
Nothing in this section shall prevent the owner, operator, or employees of a pet store, retail business, or other commercial establishment located in the city from providing space and appropriate care for animals owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and maintain those animals at the pet store retail business or other commercial establishment for the purpose of public adoption.
(Ord. No. O-17-21, § I, 7-18-17)
Sec. 4-23. - Violations and penalties.#
Any person who violates, fails or refuses to comply with the provisions of this section shall be subject to a fine of not more than $500.00 for each separate offense or community service for a period of not more than 90 days or any combination of fine and/or community service. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.
(Ord. No. O-17-21, § I, 7-18-17)