The text
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)