The text
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)