Chapter 4 ANIMALS

ARTICLE I. IN GENERAL

Sec. 4-1. Swine.

(a)     Permit required to keep swine. No swine shall be kept within the town without a permit therefor first being granted by the town council.

(b)     Keeping swine; area restrictions. Subject to subsection (a) of this section, no permit shall be issued allowing the keeping of swine within one-quarter of a mile of a main highway nor within one-quarter of a mile of any residential area.

(c)     Violation; penalty. Each person, corporation found in violation of subsection (a) or (b) of this section shall be subject to a fine of not less than $10.00 nor more than $25.00 daily for each swine kept in violation of said sections.

(Code 1978, §§ 4-1—4-3)

Sec. 4-2. Animal confinement in motor vehicles prohibited.

(a)     No person shall confine any animal in a motor vehicle in such a manner that places it in a life or death 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, an animal control officer or law enforcement 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 other person responsible.

(b)     A law enforcement officer or animal control officer may take all steps that are reasonably 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. Nothing in this section shall prevent a law enforcement officer or animal control 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 any other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(c)     A law enforcement officer or animal control officer who removes an animal in accordance with this section shall be in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.

(d)     A law enforcement officer or animal control officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.

(e)     Any person who knowingly violates this section shall be subject to penalties. Any violation of any provisions of this section may be punished by the payment of a fine of $100.00 for the first offense, $200.00 and seizure of the animal for the second offense within a year, and $400.00 and seizure of the animal for the third and any subsequent offense within a year.

(f)      For violation of any provision of this section, the enforcing officer shall issue a citation which may not be paid by mail but shall require an appearance before a justice of the town municipal court.

(Ord. No. 13-009, § 1, 1-7-2014)

Sec. 4-3. Canine waste and its removal.

(a)     Duties to dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any private property neither owned nor occupied by said person.

(b)     Duty to possess means of removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.

(c)     Method of removal and disposal. For the purpose of this section, the means of removal shall be any pooper scooper implement, or similar 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, to a place specifically reserved for the disposal of canine feces, or to a place so designated as appropriate by the department of public works.

(d)     Fines for violation. Violation of this regulation shall be punishable by a fine not exceeding $10.00 for the first offense, not exceeding $15.00 for the second offense within a year, not exceeding $25.00 for the third and any subsequent offenses within a year, to be recovered by action of debt or by complaint or warrant, to use such as town council may prescribe. Said section shall be enforced by the police department and the animal control officer of the town.

(e)     Exemption. This regulation shall not apply to a licensed dog accompanying any handicapped person who, by reason of his handicap, is physically unable to comply with the requirements of this section.

(Ord. of 7-5-1995(2), § 1; Ord. of 12-5-1995(4), § 1, 12-5-1995)

Secs. 4-4—4-24. Reserved.

ARTICLE II. DOGS

Sec. 4-25. 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:

At large. Any dog shall be deemed to be at large when he is off the property of his owner and not under control of a competent person.

Dog officer means the person employed by the town as its enforcement officer and shall include any police officer of the town.

Dog pound means 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 article.

Exposed to rabies. A dog has been exposed to rabies within the meaning of this article if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.

Kennel means any person, group of persons, or corporations engaged in the commercial business of breeding, buying, selling or boarding dogs.

Owner means any person, group of persons, or corporation owning, keeping or harboring a dog or dogs.

Restraint means any dog that is restrained by a leash, which shall be either a cord or chain no longer than six feet in length and connected to a collar or harness worn by the dog and is held in the hand by the owner or a competent person; on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.

(Code 1978, § 4-4; Ord. No. 20-009, § 1, 12-1-2020)

Sec. 4-26. Enforcement.

The provisions of this article shall be enforced by the dog officer of the town and any police officer of the town.

(Code 1978, § 4-5)

Sec. 4-27. Restraint.

The owner shall keep his/her dog under restraint at all times and shall not permit such dog to be at large, off the premises or property of the owner, unless said dog is under leash, which shall be either a cord or chain no longer than six feet in length and connected to a collar or harness worn by the dog and is held in the hand by the owner or a competent person.

(Code 1978, § 4-6; Ord. No. 20-009, § 2, 12-1-2020)

Sec. 4-28. Impoundment.

(a)     Any dog, or dogs, found running at large shall be taken up by the dog officer, and impounded in the shelter designated as the town dog pound, and there confined in a humane manner for a period of not less than 15 days, and may thereafter be disposed of in a humane manner if not claimed by their owners. Dogs not claimed by their owners before the expiration of 15 days may be disposed of at the discretion of the dog officer, except as hereinafter provided in the cases of certain dogs.

(b)     The dog officer may transfer title of 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.

(c)     When dogs are found running at large, and their ownership is known to the dog 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.

(d)     Immediately upon impounding dogs, the dog officer shall make every possible reasonable effort to notify the owners of such dogs, so impounded, and inform such owners of the conditions where they may regain custody of such dogs.

(e)     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.

(Code 1978, § 4-7)

Sec. 4-29. Redemption of impounded dogs.

(a)     The owner shall be entitled to regain possession of any impounded dog, except as hereinafter provided in the cases of certain dogs, upon the payment of impoundment fees set forth herein. Proof of ownership might include a license receipt, affidavits of neighbors, a photograph, etc.

(b)     Any other animal impounded under the provisions of this article may be reclaimed by the owner upon the payment of impoundment fees set forth herein.

(c)     Any dog or other animal impounded under the provisions of this article and not reclaimed by its owner within five days may be humanely destroyed by the dog officer, have its title transferred to the Society for the Prevention of Cruelty to Animals as provided in section 4-28(b), or 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 article and such other regulations as shall be fixed by the town; provided, however, that 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 1978, § 4-8; Ord. of 5-7-1975)

Sec. 4-30. Impoundment fees.

(a)     Any animal impounded hereunder may be reclaimed as herein provided upon payment by the owner to the dog officer of the sum of $20.00 and the additional sum of $2.00 for each day such animal is kept after the expiration of the legal detention period. Impoundment fees set forth and such additional sums as herein provided for keeping animals shall be collected by the dog officer and turned over to the police department.

(b)     Any animal impounded hereunder may be reclaimed as herein provided upon payment by the owner to the dog officer of the sum of $25.00 and the additional sum of $3.00 for the first offense for each day; $5.00 for the second offense for each day; and $7.00 for the third offense for each day such animal is kept after the expiration of the legal detention period. Impoundment fees set forth and such additional sums as herein provided for keeping animals shall be collected by the dog officer and turned over to the police department.

(Code 1978, § 4-9; Ord. of 10-3-1989)

Sec. 4-31. Confinement of certain dogs and other animals.

(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 such building or secure enclosure unless such dog is securely muzzled.

(b)     Every female dog or other animals 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 or other animals cannot come in contact with another dog or animal, except for intentional breeding purposes.

(c)     Any animal described in the foregoing subsections or section of this article found at large shall be impounded by the dog officer and may not be reclaimed by owners, unless such reclamation be authorized by any court having jurisdiction.

(d)     Any dog or other animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in section 4-28(a) but may not be reclaimed when so impounded on second or subsequent occasions unless such reclamation is authorized by a court having jurisdiction in the matter.

(e)     When in the judgement of the dog officer or any police officer in this town an animal should be destroyed for humane reasons, such animal may not be reclaimed.

(f)      No wild animal may be kept within the town limits, except under such conditions as shall be fixed by the dog officer; provided, however, that 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 dog officer. Any wild animal which escapes and is found at large may be destroyed by the dog officer or any police officer of this town.

(Code 1978, § 4-10)

Sec. 4-32. Rabies control.

(a)     Every animal which bites a person shall be promptly reported to the dog officer, and shall thereupon be accurately quarantined at the direction of the dog officer for a period of 14 days, and shall not be released from such quarantine except by written permission of the dog officer. At the discretion of the dog officer, such quarantine may be on the premises of the owner, at the shelter designated as 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 in the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated by the dog officer.

(b)     The owner upon demand by the dog officer shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine, the expense of which shall be borne by the owner. Said animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees set forth in section 4-30.

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

(d)     When one or both reports indicate a positive diagnosis of rabies, the dog officer shall recommend an area wide quarantine for a period of 90 days, and upon invoking of such emergency quarantine, no animal shall be taken into the streets, or 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 dog officer.

(1)     During this quarantine period and as long afterward as he decides it is necessary to prevent the spread of rabies, the health officer shall require all dogs, three months of age and older, to be vaccinated against rabies with a canine rabies vaccine approved by the biologics control section of the U.S. Department of Agriculture. The types of approved canine anti-rabies vaccine to be used and the recognized duration of immunity for each shall be established by the health officer. All vaccinated dogs shall be restricted (leashing or confinement on 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 canine rabies vaccination clinics strategically located throughout the town.

(2)     No dog which has been impounded by reason of its being a stray, unclaimed by its owner, is allowed to be claimed during the period of the rabies emergency quarantine, except by special authorization of the health officer and the dog officer.

(e)     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 time limits established by the health officer based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for 30 days shall be carried out.

(f)      In the event 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.

(g)     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, nor remove from the town limits without written permission from the dog officer.

(h)     The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the dog officer.

(i)      The dog officer shall direct the disposition of any animal found to be infected with rabies.

(j)      No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the dog officer.

(Code 1978, § 4-11)

Sec. 4-33. Reports of bite cases.

It shall be the duty of every physician or other medical practitioner, to report to the dog officer at 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.

(Code 1978, § 4-12)

Sec. 4-34. Responsibilities of veterinarians.

It shall be the duty of every licensed veterinarian to report to the dog officer any animal considered by him to be a rabies suspect.

(Code 1978, § 4-13)

Sec. 4-35. Exemptions.

(a)     Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this article, except where expressly stated.

(b)     The licensing and vaccination requirements of this article shall not apply to any dog belonging to a nonresident of the town and kept within the town for not longer than 30 days, provided all such dogs shall at all times while in the town be kept within a building, enclosure or vehicle, or be under restraint by the owner.

(Code 1978, § 4-14)

Sec. 4-36. Vaccination.

No dog over six months old shall be permitted within the town limits unless such a dog shall have been vaccinated or immunized in the manner set forth in this article within a period of 12 months, if such dog shall have been vaccinated or immunized with the one year vaccine, or within a period of thirty-six months, if such dog shall have been vaccinated or immunized by the three-year vaccine.

(Code 1978, § 4-15)

Sec. 4-37. Use of approved vaccine; certification generally.

The vaccination or immunization referred to in section 4-36 shall be by a vaccine approved by the state department of health and shall be certified to by a licensed veterinarian. Such certificate shall be dated as of the date of inoculation or vaccination, shall show the rabies tag number, the sex and breed of dog and the owner thereof, and whether the vaccine given is the one-year vaccine or the three-year vaccine, together with such other information as may reasonably be required by the health officer or the veterinarian administering the same.

(Code 1978, § 4-16)

Sec. 4-38. Certificate prerequisite to license.

No license shall be issued for any dog required to be licensed in town unless the person making application therefor shall first present the police department of the town or other person duly authorized to issue such license a current certificate of vaccination or inoculation, as provided in section 4-37, 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 1978, § 4-17)

Sec. 4-39. Owning, etc., unvaccinated dogs.

It shall be unlawful for any person to own, keep or harbor any dog over six months old within the town, unless such dog shall have been vaccinated or inoculated in accordance with the provisions of this article.

(Code 1978, § 4-18)

Sec. 4-40. Impounding of unvaccinated dogs.

(a)     Any dog over six months old found within the limits of the town without evidence that such dog has been vaccinated or inoculated in accordance with the provisions of this article shall be impounded by any police officer of the town or other authorized person for a period not exceeding 15 days, during which time such dog may be returned to its owner upon proof of ownership, vaccination of the dog, payment by such owner of the fees provided in section 4-30.

(b)     At the expiration of the 15-day period mentioned above, any dog not so claimed by its owner shall be disposed of in accordance with this article.

(Code 1978, § 4-19; Ord. of 10-3-1989)

Sec. 4-41. Nuisance abatement.

(a)     The keeping or harboring of any dog, or other animal or fowl whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any considerable number of persons or neighborhood is unlawful, and is hereby declared to be a public nuisance and each day shall constitute a separate offense.

(b)     It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the same is hereby declared to be a nuisance and any such animal may be impounded by the dog officer. 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 an habitual nuisance by reason of trespassing, howling, barking, or other noise, or damage to property, being vicious or by its actions potential vicious or in any other manner causing undue annoyance, the dog officer if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance be abated.

(Code 1978, § 4-20)

Sec. 4-42. Miscellaneous provisions.

(a)     No dogs are allowed in school yards or on school property whether at large or under restraint, seeing-eye dogs, so-called, excepted.

(b)     No dogs are allowed in any stores or eating places within the town whether at large or under restraint, seeing-eye dogs, so-called, excepted.

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

(d)     All complaints made under the provisions of this article shall be made to the dog officer and may be made orally; provided, however, that such complaint is within 48 hours, reduced to writing on forms provided by the dog officer and shall be signed by the complainant showing his address and telephone number, if any.

(Code 1978, § 4-21)

Sec. 4-43. Investigation.

In the discharge of the duties imposed by this article, the dog officer or any police officer of this town 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 article. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises.

(Code 1978, § 4-22)

Sec. 4-44. Interference.

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

(Code 1978, § 4-23)

Sec. 4-45. Records.

(a)     It shall be the duty of the dog officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into its custody.

(b)     It shall be the duty of the dog 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.

(Code 1978, § 4-24)

Sec. 4-46. Penalty.

(a)     Except as otherwise provided herein, any person convicted of violating any provision of this article may be punished by the payment of a fine as follows and if such violation be continued, each day's violation may constitute a separate offense:

First offense: Warning by the animal control officer;

Second offense: Fine of $100.00, payable within 15 days;

Third and subsequent offense(s): Fine of $200.00, payable within 15 days;

Any prior action taken by a municipality involving the same dog in question within a period of three years prior to the issuance of a violation by the Town of North Providence may be considered a first, second or subsequent offense, as applicable.

(b)     All violations of this article shall be heard by the North Providence Municipal Court pursuant to section 26-1-10 of the North Providence Town Charter with the right of appeal therefrom to the Providence County Superior Court.

(c)     This section shall not apply to actions taken by the Town of North Providence with regard to vicious dog violations/offenses.

(Code 1978, § 4-25; Ord. of 10-3-1989; Ord. No. 01-004, § 1, 4-3-2001; Ord. No. 20-009, §§ 3—5, 12-1-2020)

Sec. 4-47. Mail-in fines for article violations.

(a)     The animal control officer of the town is hereby authorized and empowered to cite owners or those persons in custodial charge, of dogs for violations of this article and to receive payments of such fines by mail.

(b)     The first offense of the article shall constitute a $20.00 fine; the second offense, within a year shall be $30.00; and the third fine within a year shall be $50.00.

(c)     The ordinance applying to dogs that are not licensed shall constitute for the first offense a $40.00 fine; for the second offense a $60.00 fine; and for the third offense a $100.00 fine.

(d)     The violations shall be paid within a 15-day period of issuance. Failure to do so shall mandate an appearance in court.

(e)     The violations shall be issued as to form similar to those of parking tickets.

(Code 1978, § 4-27; Ord. of 10-3-1989)

Secs. 4-48—4-67. Reserved.

ARTICLE III. BIRDS

Sec. 4-68. Feeding of animals, birds and waterfowl at Governor Notte Memorial Park and on Wenscott Reservoir.

The feeding of animals, birds and waterfowl at Governor Notte Memorial Park and on Wenscott Reservoir within the boundaries of the town is hereby prohibited.

(Ord. of 6-24-1991(3), § 1)

Sec. 4-69. Violation and penalty.

Any violation hereof shall be punishable by a fine of not more than $50.00.

(Ord. of 6-24-1991(3), § 2)

Sec. 4-70. Erection of signs.

The police department of the town is hereby directed forthwith to cause conspicuous signs to be erected giving notice of the same.

(Ord. of 6-24-1991(3), § 3)

Secs. 4-71—4-98. Reserved.

ARTICLE IV. CATS

DIVISION 1. GENERALLY

Secs. 4-99—4-115. Reserved.

DIVISION 2. HARBORING OF CATS

Sec. 4-116. Purpose.

It is the purpose of this division for the town to adopt, by ordinance, guidelines and limits with regard to the harboring of cats within the town in order to improve the quality of life in the town, to reduce conditions that adversely affect the public health, safety and general welfare of the town and its inhabitants and to generally promote public health, safety, and welfare of the town.

(Ord. No. 05-005, § 1, 5-3-2005)

Sec. 4-117. Number of cats; limitation.

It shall be unlawful for any person to own, keep or harbor more than three cats within or about his dwelling or place of abode. A grandfather clause is added for any persons having three or more cats prior to the adoption of the ordinance from which this division is derived. If, for any reason, the ACO is called to the premises, all paperwork and license must be given for each cat, so proof of the ownership be known prior to the adoption of the ordinance from which this division is derived. Only one litter of offspring may be kept on the premises until the age of four months.

(Ord. No. 05-005, § 2, 5-3-2005)

Sec. 4-118. Impoundment of excess cats.

If an owner keeps or harbors more than three cats within or about his dwelling or place of abode, then said cats shall be impounded by any police officer or any other authorized person for a period, not exceeding five days, during which period such cat may be returned to the owner upon proof that said owner has reduced the number of cats within or about his dwelling or place of abode to a number in accordance with this division. At the expiration of a five-day impoundment, if the owner has not reduced the number in accordance with the limits set forth in this division so as to allow the return of the cats in the town's possession, then said cats shall be held for a 30-day period from the time of the town's possession to allow time for adoption or fostering, unless otherwise medically proven sick or feral. This pertains to all cats. Each cat adopted from said shelter or organization shall have all paperwork on the foster care person's premises stating that each cat has been altered/feline, tested negative for leukemia and up to date on all shots. Also, that each foster parent has papers of permission on the premises from the shelter or organization from where the cats belong, stating that they are solely responsible for said cats while in their care. All foster homes must be registered with the town animal control office. At the expiration of the five-day impoundment and the 30-day foster/adoption period, if the owner has not reduced the number in accordance with the limits set forth in this division so as to allow the return of the cats in the town's possession, or, in the alternative, said cats have not been adopted or fostered as provided herein, then said cats can be disposed of at the discretion of the animal control officer in the same manner as provided by the article for dogs.

(Ord. No. 05-005, § 3, 5-3-2005)

Sec. 4-119. Reclamation.

Any cat impounded hereunder may be reclaimed as herein provided upon payment by the owner to the animal control officer the sum of $25.00 and the additional sum of $3.00 for the first offense for each day; $5.00 for the second offense for each day; and $7.00 for the third offense for each day such cat is kept after the expiration of the legal detention period. Impoundment fees set forth and such additional sums as herein provided for keeping cats shall be collected by the animal control officer and paid over to the town hall, finance department and placed in the general fund.

(Ord. No. 05-005, § 4, 5-3-2005)

Sec. 4-120. Violation and penalty.

Any person convicted of violating any provision of this division shall be punished by a fine not exceeding $40.00 for the first offense, $60.00 for the second offense, and $100.00 for the third offense, to be recovered for the use of the town and each day the violation continues shall be considered a separate offense.

(Ord. No. 05-005, § 5, 5-3-2005)

Sec. 4-121. Enforcement.

The animal control officer and/or police department shall be responsible for the enforcement of this article.

(Ord. No. 05-005, § 6, 5-3-2005)

Secs. 4-122—4-138. Reserved.

DIVISION 3. LICENSING AND VACCINATION OF CATS

Sec. 4-139. Vaccination or inoculation—Required.

No cat over three months old shall be permitted within the town limits unless such cat shall have been vaccinated or immunized in the manner set forth in section 4-140 within a period of 12 months, if such cat shall have been vaccinated or immunized with the one-year vaccine, or within a period of 24 months, if such cat shall have been vaccinated or immunized by the two-year vaccine.

(Ord. of 3-7-1995(3), § 1)

Sec. 4-140. Vaccination or inoculation—Approved vaccine.

The vaccination or immunization referred to in section 4-139 shall be by a vaccine approved by the state department of health and shall be certified by a licensed veterinarian. Such certificate shall be dated as of the date of inoculation or vaccination, shall show the rabies tag number, the sex and breed of the cat and the owner thereof, and whether the vaccine given is the one-year vaccine or the two-year vaccine, together with such other information as may reasonably be required by the health officer or the veterinarian administering the same.

(Ord. of 3-7-1995(3), § 2)

Sec. 4-141. License required.

No cat over three months old shall be permitted within the town limits unless such cat has been licensed. Such licenses shall be obtained from the town clerk and shall expire on May 1 following their issuance and must be renewed annually by payment of the required license fee and proof of vaccination or immunization. The license fee for each cat, whether male or female, shall be $5.00.

(Ord. of 3-7-1995(3), § 3)

Sec. 4-142. Exemptions.

The following shall be exempt from the provisions of this division, except where expressly stated:

(1)     Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals;

(2)     Any cat belonging to a nonresident of the town and kept within the town limits for not longer than 30 days, provided that all such cats shall at all times while in the town be kept within a building, enclosure or vehicle, or be under restraint by the owner, and be currently vaccinated for rabies.

(3)     Licensed catteries (breeding and show) with proof of registration from CFA, CFF, ACFA and TICA. All catteries are to be registered (licensed) with the town for a fee of $25.00 a year and expire on May 1. All catteries would have to show proof of updated rabies vaccination for all cats three months and older. All catteries will be open for inspection before issuance of license and inspected every six months thereafter by ACO to show compliance, and suitability.

(Ord. of 3-7-1995(3), § 4)

Sec. 4-143. Requirements for keeping of cat within town limits.

It shall be unlawful for any person to own, keep or harbor any cat over three months old within the town limits unless such cat shall have been vaccinated or inoculated and licensed in accordance with the provisions of this division.

(Ord. of 3-7-1995(3), § 5)

Sec. 4-144. Evidence of vaccination or inoculation required.

Any cat over three months old found within the limits of the town without evidence that such cat has been vaccinated or inoculated and licensed in accordance with the provisions of this division shall be impounded by any police officer or any other authorized person for a period not exceeding five days, during which period such cat may be returned to its owner upon proof of ownership, vaccination or inoculation and licensing of the cat upon payment of the impoundment fee set forth in section 4-145. At the expiration of a five-day impoundment, any cat not claimed by its owner can be disposed of at the discretion of the animal control officer in the same manner as provided by the ordinance for dogs.

(Ord. of 3-7-1995(3), § 6)

Sec. 4-145. Impoundment fees.

Any cat impounded hereunder may be reclaimed as herein provided upon payment by the owner to the animal control officer the sum of $25.00 and the additional sum of $3.00 for the first offense for each day; $5.00 for the second offense for each day; and $7.00 for the third offense for each day such cat is kept after the expiration of the legal detention period. Impoundment fees set forth and such additional sums as herein provided for keeping cats shall be collected by the animal control officer and paid over to the town hall, finance department.

(Ord. of 3-7-1995(3), § 7)

Sec. 4-146. Violation; penalty.

Any person convicted of violating any provision of this division shall be punished by a fine not exceeding $40.00 for the first offense, $60.00 for the second offense, and $100.00 for the third offense, to be recovered for the use of the town and each day the violation continues shall be considered a separate offense.

(Ord. of 3-7-1995(3), § 8)

Sec. 4-147. Enforcement of division.

The animal control officer and/or police department shall be responsible for the enforcement of this division.

(Ord. of 3-7-1995(3), § 9)

 

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