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ARTICLE I. - IN GENERAL#
Sec. 4-1. - Definitions.#
As used in this chapter, the following words and terms shall have the meanings respectively ascribed and any term not herein contained but contained in G.L. 1956, ch. 4, Animal Care, shall have the meanings respectively of the terms therein contained:
Adequate feed means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuffs suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuffs shall be served in a sanitized dish or container.
Adequate shelter means the provisions of and access to shelter that is suitable for the species, age, condition, size and type of each animal; that provides sufficient space for the animal to maintain comfortable rest, normal posture and range of movement; and that is safe to protect each animal from injury, rain, sleet, snow, hail, direct sunlight and adverse effects from heat or cold, physical suffering and impairment of health. Shelters with wire grid or slat floors that permit the animal's feet to pass through the openings, sag under the animal's weight or otherwise do not protect the animal's feet from injury are not considered adequate shelter.
Adequate water means the constant access to a supply of clean, fresh potable water provided in a sanitary manner or provided at suitable intervals for the species, and not to exceed 24 hours at any interval.
Adopt means when an adopting party voluntarily acquires and assumes responsibility for an animal from a releasing agency that is properly licensed or registered by the department.
Adopting party means the person who enters into a contract acquiring an animal from a releasing agency that is properly licensed or registered by the department.
Ambient temperature means the temperature surrounding the animal.
Animal control officer means the person employed by the town as its enforcement officer, and shall include any authorized police officer or town official or person defined as such in G.L. 1956, § 4-19-2(14). Any reference herein to "dog officer" shall be meant to be "animal control officer."
Boarding Kennel means a place or establishment other than a pound or shelter, where animals not owned by the proprietor are sheltered, fed and watered in return for a fee.
Breeder means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed Association, or for the sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.
Breeding Kennel means a place or establishment other than a pound or shelter, where purebred or crossbred dogs are kept for breeding or exhibition.
Broker means a third party who arranges, delivers or otherwise facilitates transfer of ownership of animals through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal at any point.
Department means the department of environmental management of Rhode Island.
Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during that loss of consciousness.
Exposed to rabies. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by or exposed to an animal known to have been infected with rabies.
Hobby breeder means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed, twenty (20) dogs or three (3) litters in a single year, the limits set forth in §4-25-1(4). Any person who sells at retail a number in excess of the limits in the aforementioned section shall be considered a breeder.
Kennel means a place or establishment other than a pound or shelter, where animals not owned by the proprietor are sheltered, fed and watered in return for a fee, or the operation of a commercial business of breeding, buying and selling dogs and/or cats to the public.
Neuter means to surgically render a male dog or cat unable to reproduce.
Owner means any person owning, keeping or harboring a dog or cat.
Pet shop means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. The term "pet shop" shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on his premises and sold from those premises and does not exceed 20 dogs or three litters of cats in a single calendar year as set forth in G.L. 1956, § 4-25-1(4).
Pound or dog pound means a facility owned by the town for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals or a facility for that purpose under a contract with the town for the prevention of cruelty to animals.
Releasing agency means any animal shelter, animal rescue, pound, animal control officer or broker that is licensed or registered with the state director of environmental management.
Service animal means any dog or other common domestic animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing minimal protection or rescue work, pulling a wheelchair, fetching items, assisting an individual during a seizure, retrieving medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and assisting individuals, including those with cognitive disabilities, with navigation. The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities. The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals.
Spay means to surgically render a female dog or cat unable to reproduce.
Spayed female means any bitch or queen which has been operated upon and is unable to reproduce.
Under restraint. A dog is under restraint within the meaning of this chapter when it is: (1)
Leashed;
(2)
Tied on its owner's property with a rope or chain;
(3)
Within its owner's home;
(4)
Within a motor vehicle;
(5)
Within an enclosure suitable enough to prevent its escape.
Vicious dog means: (1)
Any dog that, when unprovoked, inflicts bites or attacks a human being or other animals either on public or private property or, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places;
(2)
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(3)
Any dog which attacks a human being or domestic animal without provocation;
(4)
Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting; or
(5)
Any dog not licensed according to state law or this chapter.
(Code 1970, § 4-11; Res. of 10-2-1984; Res. No. 96-122, 6-4-1996; Res. No. 99-266, § 11, 10-5-1999; Ord. No. 2017-8, 3-21-2017; Ord. No. 2017-13, 6-6-2017; Ord. No. 2023-17, 6-20-2023)
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 1970, § 4-12; Res. of 10-2-1984)
Secs. 4-3—4-22. - Reserved.#
ARTICLE II. - CARE AND CONTROL#
Sec. 4-23. - Enforcement.#
The provisions of this chapter shall be enforced by the animal control officer of the town and any police officer of the town. Said officers may also bring a complaint under G.L. 1956, § 4-13-1(b)(20).
(Code 1970, § 4-13; Res. of 10-2-1984)
Sec. 4-24. - Filing complaints.#
In the event the animal control officer, as defined in section 4-1, witnesses the violation of any provisions of this chapter, then in such event he may file a complaint on behalf of the town under the provisions of this chapter. All other complaints for violations of the provisions of this chapter, as made by any other person, shall be made to the animal control officer. Said complaint may be made orally; provided, however, that prior to the initiation of any court action, said complaint shall be reduced to writing and signed by the complainant, on forms as provided by the animal control officer for the town.
(Code 1970, § 4-14; Res. of 10-2-1984; Res. No. 97-87, 4-1-1997)
Sec. 4-25. - Authority to enter premises, take up animals.#
In the discharge of the duties imposed by this chapter, the animal control officer shall have the authority at all reasonable times to enter upon any premises (but such authority should 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 all steps that are reasonably necessary to protect the health and safety of the dog or other animal, including, but not limited to, taking possession of any such dog or other animal and removing it from such premises.
(Code 1970, § 4-15; Res. of 10-2-1984)
Sec. 4-26. - Interference with, attempting to remove animal from animal control officer, police officer.#
No person shall interfere with, hinder or molest the animal control officer or any police officer in the performance of his duties or seek to release any animal in the custody of the animal control officer or any police officer, except as herein provided.
(Code 1970, § 4-16; Res. of 10-2-1984)
Sec. 4-27. - Records to be kept.#
(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 in accordance with the provisions of 250 CRIR 40-05-4.6C.
(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.
(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 town, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the town and which shall be audited by the town annually in the same manner as other town records are audited.
(Code 1970, § 4-17; Res. of 10-2-1984)
Sec. 4-28. - Restraint of dogs required at all times.#
The owner shall keep his dog under restraint at all times.
(Code 1970, § 4-18; Res. of 10-2-1984)
Sec. 4-29. - Animals prohibited on school property and town property, exception.#
No animals are allowed in school yards or on school property or on any town-owned recreational facility property or other town property, except so-called service animals as hereinabove defined, provided however: (1)
Animals, including therapy dogs, other than service animals, shall be allowed in school yards or on school property for educational purposes, approved by the Superintendent of Schools in accordance with West Warwick public school manual, Service Animals in School.
(2)
Animals, other than service animals, shall be allowed on town recreational facility property and other town property for special events approved by the town manager.
(Code 1970, § 4-19; Res. of 10-2-1984; Ord. No. 2017-8, 3-21-2017; Ord. No. 2023-17, 6-20-2023)
Sec. 4-30. - Animals prohibited in stores, eating places, exception.#
No animals are allowed in any stores or eating places within the town, except service animals as hereinabove defined.
(Code 1970, § 4-20; Res. of 10-2-1984; Ord. No. 2017-8, 3-21-2017; Ord. No. 2023-17, 6-20-2023)
Sec. 4-31. - Maximum number of dogs and cats permitted per residence; exception; penalty.#
(a)
Prohibited; exceptions. No owner, lessee or occupant of a residence shall keep or permit to be kept more than a total of three dogs or cats, or a combination thereof, except in the following instances:
(1)
Kittens under the age of six months.
(2)
Puppies under the age of six months.
(3)
Persons operating a kennel licensed by the town council and otherwise lawfully conducted.
(b)
Zoning board of review. An owner, lessee or occupant of a residence shall not be in violation of subsection (a) of this section if a permit to keep a greater number has been granted by the zoning board of review. The zoning board of review shall grant such permission only after a hearing, with notice sent by the applicant, by first class mail, to owners of property located within a 200-foot radius of the perimeter of the premises, and only if, after a report from the animal control officer and such other information as the permit applicant, the animal control officer and the abutters wish to present, the zoning board of review shall determine that the number requested will not constitute a health hazard or nuisance. The zoning board of review shall further decide whether there shall be a limit and the period of such time limit for which such increased number shall be permitted.
(c)
Notice; prosecution. Upon being apprised of a violation of subsection (a) of this section, or the terms of a permit issued pursuant to subsection (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 them of the right to apply to the town council for a kennel license. If more than 14 days have passed after the notice has been sent and no application of a license has been received by the town, and the owner, lessee or occupant continues to own, lease or occupy property in violation of subsection (a) of this section, then prosecution for violation of this section may be commenced.
(d)
Penalties. Upon conviction of any violation of this chapter, fines may be imposed as provided in G.L. 1956, § 4-13-1(b)(20) as follows:
(1)
Not to exceed $15.00 for the first offense;
(2)
Not to exceed $50.00 for the second offense; and
(3)
Not to exceed $100.00 for the third and any succeeding offense.
(Code 1970, § 4-21; Res. of 10-2-1984; Res. No. 96-122, 6-4-1996; Res. No. 97-87, 4-1-1997)
Sec. 4-32. - Intact cats.#
(a)
Pursuant to G.L. 1956, § 4-24-3, no person shall own or harbor any cat over the age of six months which has not been spayed or neutered, unless such person has adopted a cat from a licensed releasing agency as defined in section 4-1 and is subject to the spaying and neutering requirements of G.L. 1956, § 4-19-16, or holds either a license to keep an unaltered cat or a license and permit for breeding cats issued by the town clerk, or unless the caretaker states that due to age, health or illness it would be inappropriate to spay or neuter the cat and having in his possession a letter from a licensed veterinarian stating such, which shall be provided to the town clerk and animal control officer.
(b)
An intact permit shall be issued for an unaltered cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit pursuant to G.L. 1956, § 4-24-4. An intact permit shall be issued by the animal control officer to an individual who refuses to spay or neuter his cat. The fee for such permit shall be as set from time to time by resolution of the town council in an amount as prescribed by the general laws of the state. All funds from intact permits shall be deposited in the town's spay/neuter account.
(c)
Any person providing care and 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)
Any person who violates the provisions of this section shall, upon notice of violation, have 30 days to comply with the provisions of this section. The animal control officer shall inform violators of this section of the availability of reduced cost or free spaying or neutering programs available for low income persons and any programs sponsored by local humane organizations offering low cost spaying or neutering. If the animal is not spayed or neutered within 30 days of the notice, the owner shall be subject to a fine of $75.00 for each 30 days the animal is not spayed or neutered.
(e)
Funds generated pursuant to this section shall be deposited in the spay/neuter account to be used to fund low cost spay/neuter programs in accordance with G.L. 1956, § 4-24-13.
(Code 1970, § 4-21.1; Ord. No. 2017-13, 6-6-2017; Ord. No. 2017-20, 8-1-2017)
Sec. 4-33. - Confinement of certain dogs and other animals; impoundment, reclamation measures.#
(a)
The owner shall confine within a building or secure enclosure every fierce or dangerous dog and not take such dog out of such building or secure enclosure unless it is securely muzzled.
(b)
Every female dog/cat 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/cat or other animal cannot come in contact with another dog/cat or animal, except for intentional breeding purposes.
(c)
Any animal found in violation of this section may be impounded by the animal control officer and may not be reclaimed by owners unless such reclamation is authorized by any court having jurisdiction.
(Code 1970, § 4-22; Res. of 10-2-1984; Ord. No. 2017-13, 6-6-2017)
Sec. 4-34. - Wild animals within city limits; destruction of escaped wild animal authorized.#
No wild animal may be kept within the town limits except under such conditions as shall be fixed by the town council; provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions. Any wild animal which escapes and is found at large may be destroyed by the animal control officer or any police officer in the town.
(Code 1970, § 4-23; Res. of 10-2-1984)
Sec. 4-35. - Abatement of nuisance animals and conditions.#
(a)
The keeping or harboring of any dog, other animal or fowl, whether licensed or not, which, by habitual howling, yelping, barking or other noise beyond the confines of an enclosed shelter or residence, disturbs or annoys any person or neighborhood is unlawful and is hereby declared to be a public nuisance.
(b)
Prohibited animals, exceptions.
(1)
In addition to those animals prohibited by state general laws, the keeping of the following specific creatures is designated as a public nuisance:
a.
Fowl.
b.
Poultry, except hens as hereinafter provided for in section 4-36;
c.
Rabbits.
d.
Pigeons.
e.
Poisonous snakes.
f.
Pigs.
g.
Minks; and
h.
Any similar species which carry or may carry and spread diseases or otherwise may be considered unsanitary or present a nuisance or hazard to the general public.
(2)
Exceptions are made for the following:
a.
Pet stores that are in compliance with all applicable local ordinances and state laws.
b.
Agricultural enterprises that are in compliance with all applicable local ordinances and state laws;
c.
Research facilities that are in compliance with all applicable local ordinances and state laws;
d.
Creatures kept by special permit approved by the town council, with conditions as established by the town council;
e.
Animals, Including, animals listed in Sec. 4-35 (b)(1) a through g above, kept confined and for personal enjoyment and/or use.
(c)
Trespass by any animal on private or public property so as to damage or destroy property of value is prohibited.
(d)
Animals otherwise lawfully permitted on private property and their associated shelters, pens, exterior areas and interior areas shall be maintained in a safe and sanitary condition. Animals deemed by the animal control officer to be at risk as to their health, safety or welfare may be impounded; further, return of said animals to their owners may be denied if neglect or cruelty charges are pending, or, if it is determined by the animal control officer that the return of such animals will cause a danger to said animals in any manner.
(e)
Violations of this section are enforceable by the filing of a complaint by the animal control officer to the owner of the property on which the infraction occurs and/or the owner of the animals. Pursuant to G.L. 1956, § 4-13-1(b)(20), any person violating any provision of this section shall be punished by the payment of a fine not exceeding $15.00 for the first offense, not exceeding $50.00 for the second offense within a year, and not exceeding $100.00 for the third and any subsequent offense within a year. In addition to the fines as established herein, any animal designated as a nuisance may be impounded by the animal control officer as otherwise permitted in this chapter.
(f)
Impounded animals that are designated as public nuisances, other than dogs or cats, may not be reclaimed unless such reclamation is authorized by a court of competent jurisdiction. In cases where reclamation is not authorized, the animal control officer shall provide the owner of the animal, if known, with a written seven days' notice. The owner shall have seven days from the issuance of such notice to file for injunctive relief in a court of competent jurisdiction, after which the absence of such relief shall authorize the animal control officer to dispose of the animal in a manner which is both humane and lawful. The animal control officer shall keep written records of such disposal, including the type of animal, date, method and location of same. Any dogs and cats impounded for violation of this section shall be reclaimed pursuant to the provisions of this chapter.
(Code 1970, § 4-24; Res. of 10-2-1984; Res. No. 97-87, 4-1-1997; Res. No. 99-266, § 1, 10-5-1999; Ord. No. 2012-6, 7-17-2012; Ord. No. 2017-13, 6-6-2017; Ord. No. 2023-17, 6-20-2023)
Sec. 4-36. - Keeping of hens.#
(a)
The keeping of hens shall be subject to the following restrictions and regulations:
(1)
The keeping of hens shall be permitted in residential districts only and shall be on a lot containing a dwelling, in which dwelling the owner of the hens must be a resident.
(2)
There shall be no more than 12 hens per lot.
(3)
The keeping of any roosters is strictly prohibited. This provision of this section shall be strictly enforced.
(4)
All hens must be provided with both a hen house and a fenced outdoor enclosure subject to the following conditions, restrictions and regulations:
a.
The hen house must be covered, predator-resistant and well ventilated.
b.
The hen house must provide a minimum of two square feet per hen.
c.
The hen house must be kept clean, dry and sanitary at all times.
d.
The hen house must be located on a permeable surface that prevents waste runoff.
e.
The hen house must provide the hens with adequate protection from the elements and inclement weather and provide for the hens' good health and prevent any unnecessary or unjustified suffering.
f.
The enclosure fence must adequately contain the hens and provide security from intrusion by any predators or animals, wild or domesticated.
g.
The fenced enclosure must be kept clean and sanitary at all times.
h.
All manure must be composted in enclosed bins.
i.
No food shall be placed in the open for the feeding of the hens except in such containers as will prevent the scattering of such food upon the ground.
(b)
All hens shall be subject to the nuisance provisions of section 4-35 and must be confined in the hen house between the hours of 9:00 p.m. and 8:00 a.m.
(Code 1970, § 4-24.1; Ord. No. 2012-6, 7-17-2012; Ord. No. 2017-8, 3-21-2017)
Sec. 4-37. - Dead animals, burial.#
(a)
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 town 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 health department. Such burial shall not be on public property.
(b)
It shall be unlawful for any person to throw, deposit, put or place in any pond, river, stream or other collection of water 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.
(Code 1970, § 4-25; Res. of 10-2-1984)
Sec. 4-38. - Title transfer or disposal of dogs and cats.#
The animal control officer shall charge an impounding fee and a fee for the purpose of transferring ownership or for the disposition of said animals for adult dogs (six months or older), for each puppy, and for each adult cat (six months or older), as set from time to time by resolution of the town council in an amount as prescribed by the general laws of the state.
(Code 1970, § 4-25.1; Res. No. 99-266, § 10, 10-5-1999; Ord. No. 2013-46, 10-1-2013)
Sec. 4-39. - 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 not exceeding $15.00 for the first offense within a calendar year, not exceeding $50.00 for the second offense within a calendar year, and not exceeding $100.00 for the third and each subsequent offense within a calendar year, to be recovered for the use of the town.
(Code 1970, § 4-26; Res. of 10-2-1984; Res. No. 99-266, § 2, 10-5-1999; Ord. No. 2017-13, 6-6-2017)
Sec. 4-40. - License required; exempt dogs.#
All dogs over six months of age kept, harbored, or maintained by their owners in the town shall be registered and licensed as required in this division, except for the following exempt dogs: (1)
Dogs whose owners are nonresidents temporarily within the town;
(2)
Dogs brought into the town for the purpose of participating in a dog show;
(3)
Thoroughbred dogs kept in accordance with the provisions of G.L. 1956, § 4-13-10;
(4)
K-9 or other dogs owned by any police department or law enforcement officer and used in the performance of police work.
Sec. 4-41. - Procedure for issuance; nonrefundable fee.#
(a)
Pursuant to G.L. 1956, §§ 4-13-4 and 4-13-4(a)(6)(ix), dog licenses shall be issued annually by the town clerk in April, effective May 1, upon payment of an annual license fee for each neutered male or spayed female and for each unneutered male and unspayed female, to be set from time to time by resolution of the town council in an amount as prescribed by the general laws of the state. No fee will be charged for service dogs according to the ADA, and no dog license fee because of the death of the dog or the owner's leaving town before the expiration of the license period.
(b)
In the application for registration and licensing, the owner shall state at the time the application is made for such license and upon forms provided for such purposes his name and address, and the name, color, breed and sex of each and every dog owned or kept by him.
(c)
Pursuant to G.L. 1956, § 4-24-9, there shall be a surcharge for each dog license in an amount to be set from time to time by resolution of the town council in an amount as prescribed by the general laws of the state, to be deposited in a spay and neuter account to fund low cost spay and neuter programs.
Sec. 4-42. - Tag and collar.#
(a)
Upon payment of the license fee, the clerk shall issue to the owner a license certificate and a metallic tag for each dog so licensed. Tags are not transferrable.
(b)
The shape of the dog tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed and shall see that the tag and collar are constantly worn.
(c)
In case a dog tag is lost or destroyed, a duplicate will be issued by the clerk upon presentation of a receipt showing payment of the license fee for the current year and the payment of a duplicate tag fee to be set from time to time by resolution of the town council.
(Code 1970, § 4-30; Res. of 9-13-1988; Res. No. 99-266, § 4, 10-5-1999; Ord. No. 2013-46, 10-1-2013)
Sec. 4-43. - Rabies; notice.#
(a)
If a dog or cat is believed to have rabies or has been bitten by a dog or other animal suspected of having rabies, such dog or cat shall be confined by a leash, chain or other means on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the animal control officer of the fact that his dog or cat has been exposed to rabies; and, at his discretion, the animal control officer is empowered to have a dog or cat removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner.
(b)
It shall be unlawful for any person knowing or suspecting a dog or cat has rabies to allow such dog or cat to be taken off his premises or beyond the limits of the town without the written permission of the animal control officer. Every owner or other person, upon ascertaining that a dog or cat is rabid, shall immediately notify the animal control officer or a police officer who shall either remove the dog or cat to the pound or summarily destroy it.
(Code 1970, § 4-31; Res. of 9-13-1988; Ord. No. 2017-13, 6-6-2017)
Sec. 4-44. - Vaccination.#
The owner or keeper of a dog or cat shall have the animal vaccinated not earlier than three months of age nor later than four months of age and at regular intervals thereafter as prescribed by the regulations of the rabies control board, but at no time to exceed recommendations made by the most current compendium of animal rabies control. No dog or cat shall be licensed unless such dog or cat shall have been vaccinated or immunized in the manner set forth in this section.
(Code 1970, § 4-31.1; Res. No. 99-266, § 6, 10-5-1999)
Sec. 4-45. - Use of approved vaccine; certification.#
The vaccination or immunization referred to in this article shall be by a vaccine approved by the state department of health or the rabies control board and shall be certified to by a licensed veterinarian. Said certificate shall meet the requirements of G.L. 1956, § 4-13-31. For dogs and cats, there shall be a record kept which lists the number of the rabies tag issued in conjunction with the rabies vaccination certificate, together with such other information as may reasonably be required by the animal control officer or the veterinarian administering the same.
(Code 1970, § 4-31.2; Res. No. 99-266, § 7, 10-5-1999; Ord. No. 2017-13, 6-6-2017)
Sec. 4-46. - Owning, etc., unvaccinated dog or cat.#
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, as provided in this article for the dog for which such 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 article.
(Code 1970, § 4-31.3; Res. No. 99-266, § 8, 10-5-1999; Ord. No. 2017-13, 6-6-2017)
Sec. 4-47. - Impounding unvaccinated dogs or cats.#
Any dog or cat over four months old found within the limits of the town without a current tag evidencing vaccination as required in this article shall be impounded by the animal control officer or other authorized person for a period not exceeding five days, during which time the owner may reclaim the animal upon presentation of proof of ownership and vaccination of the dog or cat and payment of the $5.00 per day fees. At the expiration of the five-day period, any dog not so claimed by its owner shall be disposed of in accordance with section 4-89.
(Code 1970, § 4-31.4; Res. No. 99-266, § 9, 10-5-1999)
Sec. 4-48. - Penalties.#
Any owner found violating any provision of sections 4-40, 4-42, and 4-43 or article IV of this chapter shall be punished by a fine of not less than $200.00 nor more than $500.00 for each offense or be imprisoned for not less than ten days nor more than 30 days and/or be subject to confiscation of the animal which is the basis of the violation.
(Code 1970, § 4-32; Res. of 9-13-1988; Res. No. 99-266, § 5, 10-5-1999; Ord. No. 2017-13, 6-6-2017)
Sec. 4-49. - Domestic animal waste; removal.#
(a)
Duties to dispose. It shall be the duty of each person who owns, possesses or controls a domestic animal to remove and dispose of any feces left by his domestic animal on any sidewalk, street, park or other public area, or any other property owned by the town and property owned privately by any person other than property of the owner of the domestic animal.
(b)
Trespassing. No person who owns, possesses or controls a domestic animal shall allow said animal to go upon property privately owned by any person other than the property of the owner of the domestic animal. In the event a domestic animal does go upon privately owned property, the provisions of this article relating to duties to dispose shall apply. In the event that the person who owns, possesses or controls the domestic animal fails to comply with the provisions of this article, then in such event, the private property owner may, if he so desires, file a complaint with the animal control officer for the town, and the owner of the domestic animal shall be fined in accordance with the provisions hereof.
(c)
Duty to possess means of removal. No person who owns, possesses or controls such domestic animal shall appear with such domestic animal on any sidewalk, street, park or other public area or any other property owned by the town without the means of removal of any feces left by such domestic animal.
(d)
Method of removal and disposal. For the purpose of this section, 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.
(e)
Fines for violation. Violation of this section shall be punishable by fines as provided in G.L. 1956, § 4-13-1(b)(20), as follows:
(1)
Not to exceed $15.00 for the first offense;
(2)
Not to exceed $50.00 for the second offense; and
(3)
Not to exceed $100.00 for the third and any succeeding offense.
(f)
Exemption. This section shall not apply to a licensed dog accompanying any disabled person who, by reason of his disability, is physically unable to comply with the requirements of this section.
(Code 1970, § 4-33; Res. No. 97-65, 3-4-1997)
Sec. 4-50. - Kennel license.#
(a)
Required. No person shall operate a boarding kennel, as defined herein, without first obtaining a state kennel license, as provided in G.L. 1956, § 4-18-6 and obtaining a permit to operate said establishment as issued by the town council.
(b)
Required. No person shall operate a breeding kennel, as defined herein, without first obtaining a state kennel license, as provided in G.L. 1956, § 4-18-5.1 and obtaining a permit to operate said establishment as issued by the town council.
(c)
Penalties. Any person who shall operate a kennel without a current valid permit as issued by the town director of environmental management and the town shall, upon conviction of the first offense, be punished by a fine not to exceed $500.00, and, for the second offense, be punished by a fine not to exceed $100.00, pursuant to G.L. 1956, §§ 4-19-9 and 4-19-11.3. Each day of operation shall constitute a separate offense. Advertisement of services consistent with the operation of a pet shop, kennel, breeder or public auction shall be sufficient evidence of the operation of a pet shop, kennel, breeder or public auction, as applicable.
(d)
A kennel permit approved by the town council shall be issued by the town clerk. For a period of the fiscal year, the permit fee shall be for each license period or part thereof beginning with the first day of the fiscal year, to be set from time to time by resolution of the town council in an amount as prescribed by the general laws of the state.
(e)
A kennel permit for thoroughbred dogs approved by the town council shall be issued by the town clerk upon payment of the fee to be set from time to time by resolution of the town council as prescribed by the general laws of the state. Every kennel permit is for a period not exceeding one year and expires on April 1. Any person without a kennel permit who establishes or keeps a kennel shall be fined not exceeding $5.00 for each day the kennel is kept.
(Code 1970, § 4-34(a)—(e); Res. No. 96-122, 6-4-1996; Ord. No. 2012-6, 7-17-2012; Ord. No. 2013-46, 10-1-2013; Ord. No. 2017-13, 6-6-2017; Ord. No. 2023-17, 6-20-2023)
Sec. 4-51. - Breeding of cats.#
(a)
Pursuant to G.L. 1956, § 4-24-4, a permit shall be issued for the breeding of cats upon payment of a fee as to be set from time to time by resolution of the town council as prescribed by the general laws of the state. The breeding of cats pursuant to such permit shall be in accordance with the provisions of G.L. 1956, § 4-24-4.
(b)
Penalties. Any person who violates this section shall be subject to a fine of up to $50.00 for the first offense and up to $100.00 for a second offense.
(Code 1970, § 4-34(f))
Sec. 4-52. - Dog sheltering and confinement.#
(a)
The term "adequate shelter" means the provision of and access to shelter that is suitable for the species, age, condition, size and type of each dog; provides sufficient space for the dog to maintain a comfortable rest, normal posture and range of movement; and is safe to protect each dog from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering and impairment of health. Shelters with wire grid or slat floors which permit the dog's feet to pass through the openings, sag under the dog's weight or otherwise do not protect the dog's feet from injury are not considered adequate shelter.
(b)
It shall be a violation of this section for an owner or keeper to:
(1)
Keep any dog on a permanent tether that restricts the movement of the tethered dog to an area of less than 113 square feet or less than a six-foot radius at ground level.
(2)
Tether a dog with a choke-type collar, head collar or prong-type collar. The weight of any chain or tether shall not exceed one-eighth of the dog's total body weight.
(3)
Keep any dog tethered for more than ten hours during a 24-hour period or keep any dog confined in an area or primary enclosure for more than 14 hours during any 24-hour period, and more than ten hours during a 24-hour period, if the area is not greater than that which is required under the most recently adopted version of the department of environmental management's rules and regulations governing animal care facilities.
(4)
Tether a dog any time from the hours of 10:00 p.m. to 6:00 a.m., except for a maximum of 15 minutes.
(5)
Keep any dog outside either tethered or otherwise confined when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition (TACC) weather safety scale.
(c)
It shall be a violation of this section for an owner or keeper to fail to provide a dog with adequate feed, adequate water or adequate veterinary care, as those terms are defined in G.L. 1956, § 4-19-2; provided, however, that adequate veterinary care may be provided by an owner using acceptable animal husbandry practices.
(d)
Exposing any dog to adverse weather conditions strictly for the purpose of conditioning shall be prohibited.
(e)
The provisions of this section, as they relate to the duration and timeframe of tethering or confinement, shall not apply to the following:
(1)
If the tethering or confinement is authorized for medical reasons, in writing, by a veterinarian licensed in the state, the authorization is renewed annually, and shelter is provided;
(2)
If tethering or confinement is authorized in writing by an animal control officer or duly sworn police officer assigned to the animal control division for the purposes of, including, but not limited to, hunting dogs, dogs protecting livestock and sled dogs. Written authorization must be renewed annually. Such written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept shall be considered valid in every other political subdivision of the state. Such written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept is revocable by the animal control officer or police officer if there are any conditions present that warrant revocation. Such conditions include, but are not limited to, changes in the number or type of dogs, changes in the facilities' structure or safety and changes in the health of the dogs;
(3)
To any entity licensed by the state pursuant to G.L. 1956, tit. 4, ch. 19, or any veterinary facility;
(4)
To an exhibitor holding a Class C license under the Animal Welfare Act (7 USC 2133) that is temporarily in the state, if authorized by the department of environmental management (DEM).
(f)
Any person in violation shall be prosecuted pursuant to the provisions of G.L. 1956, § 4-13-42.
(g)
General agents or special agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in cooperation with animal control officers in the department of environmental management (DEM).
(Code 1970, § 4-35; Ord. No. 2017-8, 3-21-2017; Ord. No. 2018-21, 8-7-2018)
Sec. 4-53. - Animal confinement in motor vehicles.#
(a)
No owner or person shall confine any animal in a motor vehicle in such a manner that places it in a life threatening or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, the animal control officer or police officer who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or the person responsible.
(b)
The animal control officer or police officer may take all steps that are reasonable and necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.
(c)
Nothing in this section shall prevent an animal control officer or police officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. The animal control officer or police officer may enter the motor vehicle for the sole purpose of rescue or release of the animal and may not search the vehicle unless otherwise permitted by law.
(d)
An animal control officer or police officer who removes an animal in accordance with this section shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the animal control officer's or police officer's name, office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all fines and charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.
(e)
An animal control officer or police officer who removes an animal from a motor vehicle pursuant to this section is immune from civil or criminal liability that otherwise might result from the removal.
(Code 1970, § 4-36; Ord. No. 2017-8, 3-21-2017; Ord. No. 2018-21, 8-7-2018)
Secs. 4-54—4-81. - Reserved.#
ARTICLE III. - IMPOUNDMENT#
Sec. 4-82. - Disposition of animals other than dogs found not under restraint.#
Any animal other than a dog found not under restraint within the town limits 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.
(Code 1970, § 4-40; Res. of 10-2-1984)
Sec. 4-83. - Impoundment of dogs not under restraint.#
Any dog found not under restraint shall be taken up by the animal control officer and impounded in the shelter designated as the town dog pound.
(Code 1970, § 4-41; Res. of 10-2-1984)
Sec. 4-84. - Citation in lieu of impoundment.#
When dogs are found not under restraint, and their ownership is known to the animal control officer, such dogs need not be impounded, but such officer may cite the owners of such dogs to appear in court to answer to charges of violation of this article.
(Code 1970, § 4-42; Res. of 10-2-1984)
Sec. 4-85. - Notice of impoundment.#
Immediately upon impounding any dog, the animal control officer shall make every possible reasonable effort to notify the owner of such dog so impounded and inform such owner of the conditions whereby they may regain custody of such dog.
(Code 1970, § 4-43; Res. of 10-2-1984)
Sec. 4-86. - Impoundment period.#
Dogs impounded pursuant to this article in the animal pound may be confined in a humane manner for a period of not less than five days.
(Code 1970, § 4-44; Res. of 10-2-1984)
Sec. 4-87. - Redemption generally.#
The owner of any impounded dog or animal shall be entitled to regain possession of such beast, except as otherwise provided, upon the payment of an impoundment fee as established by the town council; said fee shall be in addition to any pecuniary penalty for violation of this chapter and/or state law.
(Code 1970, § 4-45; Res. of 10-2-1984)
Sec. 4-88. - Impoundment fees.#
Any animal impounded hereunder may be reclaimed as herein provided upon payment by the owner to the animal control officer of the sum as determined by resolution by the town council from time to time, and an additional sum for each day the animal is kept, as to be set from time to time by resolution of the town council as prescribed by the general laws of the state.
(Code 1970, § 4-46; Res. of 10-2-1984)
Sec. 4-89. - Disposition of unclaimed animals; compliance with state law.#
Any dog or other animal impounded under the provisions of this article and not reclaimed by its owner within five days may be humanely disposed of or destroyed by the animal control officer, or have its title transferred to the state Society for the Prevention of Cruelty to Animals after the legal detention period has run; and if such dog has not been claimed by the owner, it may be 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 chapter and such other regulations as shall be fixed by the town. However, if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with.
(Code 1970, § 4-47; Res. of 10-2-1984)
Secs. 4-90—4-106. - Reserved.#
ARTICLE IV. - VICIOUS DOGS#
Sec. 4-107. - Declaration of purpose.#
(a)
It is hereby declared that vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of this town, in that vicious dogs have in recent years assaulted without provocation and seriously injured numerous individuals, particularly children, and have killed numerous dogs. Many of these attacks have occurred in public places.
(b)
The number and severity of these attacks are also attributable to the failure of owners to register, confine and properly control vicious dogs.
(c)
It is further declared that the necessity for the regulation and control of vicious dogs is a townwide problem, requiring townwide regulation, and that existing laws are inadequate to deal with the threat to public health and safety posed by vicious dogs.
(d)
It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance.
(e)
It is further declared that, because of the danger posed to the public health, safety and welfare by vicious dogs, this article constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare.
(f)
This article is enacted in accordance with G.L. 1956, § 4-13.1-1 et seq.
(Code 1970, § 4-50; Res. of 8-6-1985)
Sec. 4-108. - 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 control officer means any person defined by the provisions of G.L. 1956, tit. 4, ch. 19, entitled "Animal Care."
Enclosure means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious dog, in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
Impounded means taken into the custody of the public pound in the city or town where the vicious dog is found.
(Code 1970, § 4-51; Res. of 8-6-1985)
Sec. 4-109. - Registration, licensing, tattooing, warning signs and liability insurance required.#
(a)
No vicious dog shall be licensed by the town unless the owner or keeper of such vicious dog shall meet the following requirements:
(1)
The owner or keeper shall present to the town clerk or other licensing authority proof that the owner or keeper has procured liability insurance in the amount of at least $100,000.00, covering any damage or injury which may be caused by such vicious dog during the 12-month period for which licensing is sought, which policy shall contain a provision requiring the town to be named as the additional insured for the sole purpose of the town clerk or other licensing authority to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
(2)
The owner or keeper shall have the licensing number assigned to such vicious dog, or such other identification number as the town clerk or other licensing authority shall determine, tattooed upon such vicious dog by a licensed veterinarian or other state, city or town agency on the upper inner lip of the vicious dog. 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, the term "tattoo" means 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.
(3)
The owner or keeper shall display a sign on his 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:
a.
The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the 12-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of such license.
b.
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.
c.
The owner or keeper shall notify the licensing authority within 24 hours if a vicious dog is on the loose, is unconfined, has attacked another animal, has attacked a human, has died, has been sold or has been given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner of the vicious dog.
(b)
An animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article, and any such animal control officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.
(Code 1970, § 4-52; Res. of 8-6-1985)
Sec. 4-110. - Dog to be confined in secure enclosure; muzzle required outside enclosure.#
(a)
All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure.
(b)
It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure, unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog, or to sell or give away the vicious dog, or to comply with commands or directions of the animal control officer with respect to the vicious dog, or to comply with the provisions of section 4-109(a)(1) or (2). In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.
(Code 1970, § 4-53; Res. of 8-6-1985)
Sec. 4-111. - Harboring for fighting, training to attack humans, selling, breeding and buying prohibited.#
No person shall own or harbor any dog for the purpose of dogfighting or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. No person shall possess with the intent to sell or offer for sale, breed or buy or attempt to buy within the state any vicious dog.
(Code 1970, § 4-54; Res. of 8-6-1985)
Sec. 4-112. - Probable cause; seizure.#
In the event that an animal control officer or law enforcement agent has probable cause to believe that a vicious dog is being harbored and cared for in violation of G.L. 1956, § 4-13.1-5, the animal control officer or law enforcement agent may order the seizure and impoundment of the vicious dog pending trial.
(Code 1970, § 4-55; Res. of 8-6-1985)
Sec. 4-113. - Action for damages; destruction of offending vicious dog.#
If any vicious dog shall kill or wound, or assist in killing or wounding, any sheep, lamb, cattle, horse, hog, swine, fowl or other domestic animal belonging to or in the possession of any person or shall attack, assault, bite or otherwise injure any person, or assist in attacking, assaulting, biting or otherwise injuring any person, while out of or within the enclosure of the owner or keeper of such vicious dog, or while otherwise on or off the property of the owner or keeper, whether or not such vicious dog was on a leash and securely muzzled, or whether the vicious dog escaped without the fault of the owner or keeper, the owner or keeper of such dog shall be liable to the person aggrieved as aforesaid for all damages sustained to be recovered in a civil action with the cost of the suit. It is rebuttably presumed as a matter of law that the owning, keeping or harboring of a vicious dog in violation of this article is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner or keeper of such vicious dog knew that such vicious dog possessed the propensity to cause such damage or that the vicious dog had a vicious nature. Upon such attack or assault, the animal control officer in the city or town where the attack or assault occurred is hereby empowered to confiscate and destroy such vicious dog if the conduct of such vicious dog or its owner or keeper constitute a violation of the provisions of this article, punishable by the confiscation and destruction of the animal.
(Code 1970, § 4-56; Res. of 8-6-1985)
Sec. 4-114. - Certain kennel dogs exempt.#
This article shall not apply to kennels licensed in accordance with the provisions of this chapter or G.L. 1956, ch. 4-19.
(Code 1970, § 4-57; Res. of 8-6-1985)
Sec. 4-115. - Penalties for violation.#
(a)
Any vicious dog, except those ruled vicious for violation of subsection (a)(5) of this section solely:
(1)
Which does not have a valid license in accordance with the provisions of this article;
(2)
Whose owner or keeper does not secure the liability insurance coverage required in accordance with section 4-109(a)(1);
(3)
Which is not maintained on property with an enclosure;
(4)
Which shall be outside of the dwelling of the owner or keeper or outside of an enclosure except as provided in section 4-110; or
(5)
Which is not tattooed;
shall be confiscated by an animal control officer and promptly destroyed in an expeditious and humane manner. In addition, the owner or keeper shall pay a $250.00 fine.
(b)
If a dog is ruled to be vicious for a violation of subsection (a)(5) of this section solely, the vicious dog ruling shall be repealed upon tattooing of the dog and payment of a $250.00 fine. All other provisions of this article dealing with vicious dogs shall not apply to the animal.
(c)
If any vicious dog shall kill, wound or assist in killing or wounding an animal described in section 4-113, the owner or keeper of the dog shall pay a $250.00 fine. The animal control officer is empowered to confiscate, and the owner or keeper shall destroy the vicious dog; and for each subsequent violation by the same owner or keeper, the owner or keeper shall pay a fine of $500.00.
(d)
If any vicious dog shall attack, assault, wound, bite or otherwise injure or kill a person, the owner or keeper shall pay a $500.00 fine and, for each subsequent violation, pay a fine of $1,000.00.
(e)
In addition to any fee for the licensing of dogs that the town clerk may collect in accordance with any other provision of the law, the town clerk is hereby directed to charge an additional fee in an amount as determined by resolution by the town council from time to time for each said license, said fee to be used exclusively for the enforcement of laws pertaining to animals.
(f)
Every owner or keeper of a vicious dog found to be in violation of the licensing and tattooing requirements of this article shall be required to provide proof of compliance with all requirements of this article and shall be fined $25.00 for the first offense, $200.00 for a second offense, and $500.00 for a third and each subsequent offense.
(g)
The municipal court is directed to enforce the tattooing requirement and the full amount of the fines specified in this section. It is the intent of the town council that no fine or tattooing required by this article shall be suspended by any court of competent jurisdiction.
(h)
One-half of all fines paid pursuant to this section shall be paid to the town for the purpose of defraying the cost of the implementation of the provisions of this article.
(Code 1970, § 4-58; Res. of 8-6-1985)
Secs. 4-116—4-143. - Reserved.#
ARTICLE V. - PET SHOPS#
Sec. 4-144. - 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 enterprise, including a sole proprietorship, engaged in the retail or wholesale commerce of the buying or selling of dogs and cats.
Nonprofit rescue organization means any state nonprofit 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 nonprofit organization that is not exempt from taxation under Internal Revenue Code section 501(c)(3) but is currently an active rescue partner with the town shelter or Humane Society, whose mission is, in whole or significant part, the rescue and placement of dogs or cats.
Pet shop means any for-profit business or enterprise engaged in retail or wholesale commerce related to dogs and cats, including grooming parlors, canine day care and boarding facilities or any temporary or permanent establishment where animals are bought, sold, exchanged or offered for sale or exchange to the general public at retail; provided, however, that licensed cat breeders as provided for in section 4-32 hereof and holders of kennel licenses as provided for in section 4-50 are exempted from the provisions of this article.
(Code 1970, § 4-61; Ord. No. 2018-4, 2-27-2018)
Sec. 4-145. - Pet shop license required; commercial sale of dogs and cats.#
(a)
Licenses required. No person shall operate a pet shop in the town without first obtaining a state pet shop license, as provided in G.L. 1956, § 4-19-5, and a town pet shop license.
(b)
Prohibited sales. It is unlawful for any pet shop or commercial establishment to display, offer for sale, deliver, barter, auction, give away, transfer or sell any live dog or cat in any pet store or commercial establishment located in the town.
(c)
Exemption for keeping of rescued animals. Nothing in this section shall prevent a pet store or commercial establishment located in the town from providing space and appropriate care for animals owned by a municipal animal shelter or animal control agency, Humane Society or nonprofit rescue organization and maintaining those animals in the pet store or commercial establishment for purposes of public adoption.
(d)
Exemption for commercial establishment existing as of adoption of provisions. Any pet shop or commercial establishment licensed to operate in the town at the time of the adoption of the ordinance from which this article is derived is exempt from the provisions hereof.
(e)
Violations and penalties. Any person or entity who violates this section shall be subject to a fine of not more than $500.00 for each offense, and each day of violation constitutes a separate offense.
(Code 1970, §§ 4-62—4-65; Ord. No. 2018-4, 2-27-2018; Ord. No. 2023-17, 6-20-2023)
State Law reference— State licensure, G.L. 1956, § 4-19-9.