The text
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)