ARTICLE I

In General

§ 3-1. Definitions. [Rev. Ords. 1989, § 3-1; Ord. of 3-7-1994]

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ANIMAL CONTROL OFFICER — Any person employed by the town as its enforcement officer and shall include any police officer of the town.

AT LARGE — Any dog when off the property of the owner and not under control of a competent person.

CAT — As used in this chapter shall mean any member of Felis catus (excluding hybrids with wild felines).

DOG — As used in this chapter shall mean any member of Canis  familiaris  (excluding hybrids with wild canines).

DOG POUND — Any premises designated by action of the town for the purpose of impounding and caring for all animals found running at large in violation of this chapter.

DOMESTIC ANIMALS — Shall mean domestic dog (Canis familiaris), domestic cat (Felis catus), domestic horse (Equus caballus), domestic cattle (Bos taurus and Bos indicus) and domestic sheep (Ovis avies).

EXPOSED TO RABIES — Any animal that has been bitten by or exposed to any animal or creature known to have been infected with rabies.

FERRET — As used in this chapter shall mean any member of the family Mustela putorius, or Common European Ferret.

KENNEL — Any person engaged in the commercial business of breeding, buying, selling or boarding dogs or any animal subject to this chapter.

LEASHED — A cord or chain attached to the collar or harness of any animal subject to this chapter and held in the hand by the owner or competent person leading the animal.

OWNER — Shall mean any person, group of persons or corporation owning, keeping or harboring any animal subject to this chapter.

RESTRAINT — Leashed or on or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.

WILD ANIMAL — Any raccoon, fox, skunk, bat, monkey, muskrat, deer, rat or woodchuck as well as any hybrid between a domestic dog or cat and its wild counterpart, e.g., dog and wolf.

State law reference — Definitions, G.L. 1956, § 4-13-1.2.

§ 3-2. Wild animals. [Rev. Ords. 1989, § 3-2; Ord. of 3-17-1994]

(a)          It shall be unlawful to bring any wild animal within the confines of the town.

(b)         Any wild animal kept by a person within the town limits on May 17, 1994, may be kept by such person only under such conditions as shall be fixed by the animal control officer. Wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the animal control officer. Any wild animal which escapes and is found at large may be destroyed by the animal control officer or any police officer of the town.

§ 3-3. Confinement of female animals in heat. [Rev. Ords. 1989, § 3-3]

Every female 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 the female animal cannot come in contact with another animal except for intentional breeding purposes.

§ 3-4. Nuisances — Noise. [Rev. Ords. 1989, § 3-4]

The keeping or harboring by any person of any animal, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys the peace of citizens in the immediate area is unlawful and is hereby declared to be a public nuisance. Each day shall constitute a separate offense.

§ 3-5. Same — Failure to restrain animal. [Rev. Ords. 1989, § 3-5; Ord. of 3-21-1997(1)]

It shall be unlawful for any owner of an animal to fail to restrain the animal from trespassing on private or public property and damaging or destroying any property or thing of value. This violation is hereby declared to be a nuisance and such animal may be impounded by the animal control officer and disposed of in accordance with § 3-10 and its owner shall be liable up to a maximum of $100 for each offense.

§ 3-6. Same — Written complaints; abatement. [Rev. Ords. 1989, § 3-6; Ord. of 3-21- 1997(1)]

(a)          Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood that any animal is a habitual nuisance by reason of trespassing, howling, barking or other noise or damage to property or by being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve written notice upon the owner or custodian that such  nuisance  shall  be abated within three days.

(b)         If the animal control officer or assistant finds that the nuisance is not abated, the animal control officer may impound the animal and dispose of the animal is accordance with

§ 3-10 and its owner shall be liable up to a maximum of $100 for each offense.

§ 3-7. Complaints generally. [Rev. Ords. 1989, § 3-7]

All complaints made under the provisions of this chapter shall be made to the animal control officer and may be made orally, provided that such complaint is made within  48  hours, reduced to writing on forms provided by the animal control officer and signed by the complainant showing his address and telephone number, if any.

§ 3-8. Impoundment of animals other than dogs. [Rev. Ords. 1989, § 3-8]

Any animal other than a dog found running at large 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.

§ 3-9. Reclaiming of impounded animals generally. [Rev. Ords. 1989, § 3-9]

Any animal impounded may be reclaimed by the owner unless otherwise prohibited in this chapter upon the payment of the impoundment fees set forth herein.

§ 3-10. Disposition of unclaimed impounded animals. [Rev. Ords. 1989, § 3-10]

Any animal impounded under the provisions of this chapter and not reclaimed by its owner within five days may be humanely destroyed by the animal control officer, have its title transferred to the Society for the Prevention of Cruelty to Animals or 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 regulations as shall be fixed by the town. 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.

§ 3-11. Reclaiming of animals impounded two or more times. [Rev. Ords. 1989, § 3-11]

Any animal may be reclaimed the first time it is impounded for being a public nuisance, but may not be reclaimed when so impounded on a second or subsequent occasion unless reclamation is authorized by a court having jurisdiction in the matter and suit is commenced and notice given before five days have elapsed.

§ 3-12. Destruction of impounded animals. [Rev. Ords. 1989, § 3-12]

When in the judgment of the animal control officer or any police officer in this town an animal should be destroyed for humane reasons, such animal may not be reclaimed.

§ 3-13. Records. [Rev. Ords. 1989, § 3-13]

(a)          Impoundment and disposition. The animal control officer shall keep or cause to be kept accurate and detailed records of the impoundment and disposition of all animals coming into his custody.

(b)         Bite  cases.  The  animal  control  officer  shall  keep  or  cause  to  be  kept  accurate  and detailed records of all bite cases reported to him and his investigation of the same.

§ 3-14. Enforcement. [Rev. Ords. 1989, § 3-14]

The provisions of this chapter shall be enforced by the animal control officer or by any police officer of the town.

§ 3-15. Investigations; right of entry. [Rev. Ords. 1989, § 3-15]

In the discharge of the duties imposed by this chapter, the animal control officer or any police officer of the town shall have the authority at all reasonable times to enter upon any premises, but not the authority to enter a residence on the premises, to examine the animal which is allegedly in violation of this chapter. Such officer shall have the further authority to take possession of any such animal and remove it from the premises.

§ 3-16. Interference with enforcement officers. [Rev. Ords. 1989, § 3-16]

No person shall interfere with, hinder or molest the animal control officer or any police officer of the town in the performance of duties or seek to release any animal in the custody of the animal control officer or any police officer, except as herein provided.

§ 3-17. Exemptions. [Rev. Ords. 1989, § 3-17]

Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals shall be exempt from the provisions of this chapter except where expressly stated.

§ 3-18. Penalties. [Rev. Ords. 1989, § 3-18]

Except as otherwise provided herein, any person guilty of violating any provision of this chapter may be punished by the payment of a fine as provided in G.L. 1956, § 4-13-1, to be recovered for the use of the town. If such violation be continued, each day's violation may constitute a separate offense.

State law reference — Penalties, G.L. 1956, § 4-13-1.

§ 3-19. through § 3-35. (Reserved)

ARTICLE II

Dogs

DIVISION 1
GENERALLY

State law reference — Dogs, G.L. 1956, § 4-13-1 et seq.

§ 3-36. Restraint. [Rev. Ords. 1989, § 3-36]

The owner of a dog shall keep the dog under restraint at all times and shall not permit such dog to be at large off the premises or property of the owner.

State law reference — Authority to adopt, G.L. 1956, § 4-13-15.1.

§ 3-37. Confinement of vicious dogs. [Rev. Ords. 1989, § 3-37]

(a)          The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog and shall not take such dog out of the building or secure enclosure unless such dog is securely muzzled.

(b)         Any dog which has been used for hunting purposes and becomes separated from the owner or person in charge of the dog while directly engaged in or returning from the hunt shall be exempt from this section, provided that:

(1)         The dog is properly licensed prior to the hunt.

(2)         The hunter reports that the dog is missing to the animal control officer within 24 hours after the hunt is terminated.

(3)         The missing dog is recovered within 48 hours after the hunt is terminated.

State law references — Vicious dogs, regulation and licensing, G.L. 1956, § 4-13.1-3; determination of vicious dog, G.L. 1956, § 4-13.1-12.

§ 3-38. Impoundment of vicious dogs. [Rev. Ords. 1989, § 3-38]

Any vicious dog found at large shall be impounded by the animal control officer and may not be reclaimed by the owner unless such reclamation is authorized by any court having jurisdiction and suit is commenced and notice given before five days have elapsed.

§ 3-39. Prohibited in certain places. [Rev. Ords. 1989, § 3-39; Ord. of 7-1-2002, § 3-39]

(a)          No dogs shall be allowed in schoolyards or on school property, whether at large or under restraint, with the exception of Seeing Eye dogs.

(b)         No dogs shall be allowed in any stores or eating places within the town, whether at large or under restraint, with the exception of Seeing Eye dogs.

(c)          Unleashed dogs are prohibited on the beach area on the eastern side of Block Island from the breakwater at the Surf Hotel to the point where the northern boundary of the mansion foundation intersects beach area from 9:00 a.m. to 6:00 p.m. June 1 to October 1 each year.

§ 3-40. Limitation on number. [Rev. Ords. 1989, § 3-40]

It shall be unlawful to keep more than three dogs at the same residence except as permitted by the animal control officer and health representative. This provision shall not apply to licensed kennels.

§ 3-41. through § 3-50. (Reserved)

DIVISION 2
LICENSE

State law reference — Dog licenses required, G.L. 1956, § 4-13-4.

§ 3-51. Required; issuance; fee; tag. [Rev. Ords. 1989, § 3-51; Ord. of 3-7-1994]

The town clerk is authorized to issue dog and kennel licenses annually in the month of April and to collect and apply fees in accordance with G.L. 1956, § 4-13-4. Owners shall register all dogs, and license tags shall be affixed to the dog's collar or harness.

State law reference — Collar to bear name of owner, etc., G.L. 1956, § 4-13-15.

§ 3-52. Rabies vaccination. [Rev. Ords. 1989, § 3-52]

No license shall be issued for any dog required to be licensed in the town unless the person making application presents to the town clerk's office a current certificate of vaccination or inoculation for the dog for which the license is to be issued, stating the dog has been properly vaccinated or inoculated in accordance with the provisions of this division and state law.

§ 3-53. through § 3-65. (Reserved)

DIVISION 3
IMPOUNDMENT AND DISPOSITION

State law reference — Impoundment, G.L. 1956, § 4-13-15.

§ 3-66. Impoundment of dogs running at large. [Rev. Ords. 1989, § 3-66]

Any dog found running at large shall be seized by the animal control officer and impounded in the dog pound and confined in a humane manner for a period of not less than five days if the dog is not claimed before that time.

§ 3-67. Issuance of citation for dog running at large. [Rev. Ords. 1989, § 3-67]

When a dog is found running at large and its ownership is known to the animal control officer, such dog need not be impounded, but the officer may cite the owner of such dog to appear in court to answer to charges of violation of this chapter.

§ 3-68. Notice to owner. [Rev. Ords. 1989, § 3-68]

Immediately upon impounding any dog, the animal control officer shall make every possible reasonable effort to notify the owner of the dog and inform him of the conditions whereby he may regain custody of such dog.

§ 3-69. Reclaiming of impounded dogs. [Rev. Ords. 1989, § 3-69]

The owner shall be entitled to regain possession of any impounded dog, except as provided in the case of certain dogs, upon payment of impoundment fees which are on file in the town clerk's office. Proof of ownership may include a license receipt, affidavits of neighbors or a photograph.

§ 3-70. Impoundment fees. [Rev. Ords. 1989, § 3-70]

Any dog impounded hereunder may be reclaimed as herein provided upon payment by the owner to the animal control officer of fees in the amount provided in a schedule on file in the county clerk's office. Such fees shall be collected by the animal control officer and turned over to the town clerk, who shall deposit them with the town finance director.

State law reference — Fees, G.L. 1956, § 4-13-15.

§ 3-71. Disposition of unclaimed dogs. [Rev. Ords. 1989, § 3-71]

Dogs not claimed by their owners before the expiration of five days may be disposed of in a humane manner at the discretion of the animal control officer, except as provided in § 3-72 in the cases of certain dogs.

§ 3-72. Transfer of title. [Rev. Ords. 1989, § 3-72]

The animal control officer may transfer title to any dog held at the dog pound to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog has not been claimed by its owner.

§ 3-73. through § 3-90. (Reserved)

ARTICLE III

Rabies Control

State law reference — Rabies control, G.L. 1956, §§ 4-13-26 — 4-13-32.

§ 3-91. Reports of bite cases. [Rev. Ords. 1989, § 3-91; Ord. of 5-7-1994]

(a)          Every physician or other medical practitioner shall report to the animal control officer or the police department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.

(b)         In the event any human being or domestic animal receives a bite from any animal, the individual bitten (or his or her guardian) must notify the animal control officer.

§ 3-92. Responsibilities of veterinarians. [Rev. Ords. 1989, § 3-92]

Every licensed veterinarian shall report to the animal control officer any animal considered by him to be a rabies suspect.

§ 3-93. Vaccination required. [Rev. Ords. 1989, § 3-93; Ord. of 3-7-1994]

No cat, dog, ferret or other animal subject to state regulation over three months old shall be permitted within the town limits except on proof that it was vaccinated against rabies. Any dog or cat vaccinated prior to one year of age or receiving a primary rabies vaccine at any age shall be given a booster rabies vaccination at intervals not to exceed every two years thereafter. Ferrets shall be vaccinated against rabies at yearly intervals and any owner must prove he has a permit from the state director of the department of environmental management to possess it pursuant to G.L. 1956, § 20-16-3.

State law reference — Similar provisions, G.L. 1956, § 4-13-31.

§ 3-94. Use of approved vaccine; certificate of vaccination. [Rev. Ords. 1989, § 3-94; Ord. of 3-7-1994]

The vaccination or immunization required in § 3-93 shall be by a vaccine approved by the state department of health and shall be certified by a licensed veterinarian. The certificate shall be dated as of the date of inoculation or vaccination and the date when the next rabies booster is due, and shall show the rabies tag number, the age, sex, coloration and breed of the animal, the owner thereof and its address and the name of the rabies vaccine manufacturer, together with such other information as may reasonably be required by the health officer or the veterinarian administering the same.

§ 3-95. Unvaccinated animals prohibited. [Rev. Ords. 1989, § 3-95; Ord. of 3-7-1994]

It shall be unlawful for any person to own, keep or harbor within the town any dog, cat, ferret or other animal subject to state regulation over three months old unless such dog or cat has been vaccinated or inoculated in accordance with the provisions of § 3-93.

§ 3-96. Impoundment of unvaccinated animals. [Rev. Ords. 1989, § 3-96; Ord. of 3-7- 1994]

(a)          Any dog, cat, ferret or other animal subject to state regulation over three months old found within the limits of the town without evidence that such animal has been vaccinated or inoculated in accordance with the provisions of § 3-93 shall be impounded by the animal control officer or any police officer of the town or other authorized person for a period not exceeding five days, during which time such animal may be returned to its owner upon proof of ownership, vaccination of the animal and payment by the owner of the fees which are on file in the town clerk's office.

(b)         At the expiration of the five-day period, any animal not claimed by its owner shall be disposed of in accordance with § 3-10.

§ 3-97. Quarantine of animal biting person. [Rev. Ords. 1989, § 3-97]

Every animal which bites a person shall be promptly reported to the animal control officer, shall be securely quarantined at the direction of the animal control officer for a period of 14 days, and shall not be released from such quarantine except by written permission of the animal control officer. At the discretion of the animal control officer such quarantine may be on the premises of the owner, at the dog pound, or, at the owner's option and expense, in a veterinary hospital of his choice. In the case of stray animals or of animals whose ownership is not known, such quarantine shall be at the shelter designated by the animal control officer.

§ 3-98. Surrender of animal. [Rev. Ords. 1989, § 3-98]

Upon demand of the animal control officer the owner shall surrender any animal which has bitten a human or which is suspected as having been exposed to rabies for supervised quarantine. The expense of quarantine shall be borne by the owner. The animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees which are on file in the town clerk's office.

§ 3-99. Death of animal under observation. [Rev. Ords. 1989, § 3-99]

When rabies is diagnosed in an animal under quarantine or rabies is suspected by a licensed veterinarian and the animal dies while under observation, the animal control officer shall immediately send the head of such animal to the state health department for pathological examination and shall notify the proper public health officer of reports of human contacts and the diagnosis.

§ 3-100. Area-wide quarantine — Generally. [Rev. Ords. 1989, § 3-100]

When one or both reports indicate a positive diagnosis of rabies, the animal control officer shall recommend an area-wide quarantine for a period of 90 days. Upon invoking of such emergency quarantine, no animal shall be taken into or be permitted to be in the streets during such period of quarantine. During such quarantine, no animal may be taken or shipped from the town without written permission of the animal control officer.

§ 3-101. Same — Vaccination and confinement of animals. [Rev. Ords. 1989, § 3-101; Ord. of 3-7-1994]

During the quarantine period and as long after as he decides it is necessary to prevent the spread of rabies, the health officer shall require all dogs and cats three months of age and older to be vaccinated against rabies with a rabies vaccine approved by the biologies control section of the U.S. Department of Agriculture. The types of approved antirabies vaccine to be used and a recognized duration of immunity for each shall be established  by  the  health officer. All vaccinated dogs and cats shall be restricted, by leashing or confinement in enclosed premises, for 30 days after vaccination. During the quarantine period the health officer shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the town.

§ 3-102. Same — Impounded stray animals. [Rev. Ords. 1989, § 3-102]

No animal which has been impounded because it is a stray which is unclaimed by its owner shall be allowed to be claimed during the period of the rabies emergency quarantine except by authorization of the health officer and the animal control officer.

§ 3-103. Destruction or isolation of dogs bitten by rabid animal. [Rev. Ords. 1989, § 3- 103]

Dogs bitten by a known rabid animal shall be immediately destroyed, or, if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel for six months shall be enforced. If the dog has been previously vaccinated within the time limits established by the health officer based on the kind of vaccine used, revaccination  and restraint for 30 days shall be carried out.

§ 3-104. Extension of area-wide quarantine. [Rev. Ords. 1989, § 3-104]

If there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six months.

§ 3-105. Prohibited acts. [Rev. Ords. 1989, § 3-105]

(a)          No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies or any animal biting a human except as herein provided, or remove such animal from the town limits without permission from the  animal control officer.

(b)         The carcass of any dead animal exposed to rabies shall be surrendered to the animal control officer upon demand. The animal control officer shall direct the disposition of any animal found to be infected with rabies. No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made by the animal control officer.