Chapter 10 ANIMALS[1]
Sec. 10-1. Public nuisance defined.
Public nuisance means the conduct of any owner of allowing an animal to:
(1) Damage, soil, defile or defecate on private property other than the owner's or on public property, unless such waste is immediately removed and properly disposed of by the owner of the animal;
(2) Forage in trash, garbage or other refuse;
(3) Be at large, unleashed, or not contained in a corral or similar structure designed to maintain the animal from roaming; except as provided in section 10-2.
(4) Produce odors or unclean conditions sufficient to offend a person of normal sensibilities or which creates a condition conductive to the breeding of flies or other pests;
(5) Chase vehicles, or molest, attach or interfere with other animals or persons, or unreasonably disturb the peace; or
(6) Create a condition that is dangerous to human life or health.
( Ord. of 1-25-21(1) ; Ord. of 3-29-21(1) )
Sec. 10-2. Dogs considered a public nuisance.
(a) For the purposes of this section, a dog is considered to be "at large" while roaming or running off the property of its owner or keeper and not under its owner's or keeper's immediate control.
(1) Under "immediate control" shall mean (i) secured by leash or lead, or (ii) under control of a responsible person and obedient to that person's commands, or (iii) within the real property limits of its owner or other person consenting to its presence.
(2) "Off the property of its owner or keeper" includes, but is not limited to, an easement burdening the property of the dog's owner or keeper, or other person consenting to the dog's presence, or a public right-of way, public road, public sidewalk, or public trail.
(b) A dog is not considered to be "at large" in the following circumstances:
(1) Dogs used for hunting are exempted from the prohibitions of this article and shall not be deemed to be running at large provided any such dog is wearing a collar with a tag showing the name and telephone number of the owner of the dog.
(2) During field trials or formal obedience, agility, or similar training periods when the dog is accompanied by its owner or keeper.
(3) When the dog is in a securely fenced, specifically designated dog park or dog exercise area established by a governmental entity, a homeowner's association, or a community organization, where the fencing is designed to prevent a dog from escaping.
(4) When the dog is a service animal whose handler, because of a disability, is unable to use a harness, leash, or other tether, or the use of such a device would interfere with the service dog's safe and effective performance of work or tasks, provided that the service dog is otherwise under the handler's control through voice control, signals, or other effective means.
(5) During search and rescue and similar public service training when the dog is accompanied by its owner or keeper, or by a qualified handler, provided the owner, keeper, or handler has the express permission of the owner or occupant of the property on which the dogs are being trained.
(6) When the dog is a working farm dog that is either guarding or herding cows, fowl, goats, sheep, swine, or other domestic animals normally raised on a farm.
(c) A dog is considered to "unreasonably disturb the peace" if it causes a disturbance by excessive barking or other noise making for sustained periods of more than one-half hour, or during the hours of 9:00 p.m. to 7:00 a.m. so as to disturb the quiet of a neighborhood or area. This subsection does not apply to a dog guarding, working, or herding livestock.
( Ord. of 1-25-21(1) ; Ord. of 3-29-21(1) )
Upon receipt of a complaint, the animal control officer shall investigate and, if satisfied of the truth of the complaint, issue a warning, in writing, to the owner or keeper of the animal that violations may result in the imposition of a civil penalty. Any person found by the animal control officer or affirmed in writing by two or more persons having separate residences in a neighborhood to be in subsequent violation of section 10-1 or 10-2 shall be subject to the following fines:
(1) 1st offense$25.00
(2) 2nd offense$50.00 as long as said 2nd ..... offense is at least 30 days from the date of a citation for the 1st ..... offense.
(3) 3rd offense, the owner must pay a $100.00 fine and such animal may be impounded by the animal control officer, and all impounding fees and any additional costs of boarding the animal as long as said 3rd offense is at least 30 days from the date of a citation for the 2nd offense.
( Ord. of 1-25-21(1) ; Ord. of 3-29-21(1) )
Sec. 10-31. Enforcement of article.
The chief of police or the dog officer shall, where applicable, enforce the provisions of this article.
(Code 1967, § 6-8)
It shall be unlawful for any person to abandon or let loose with the intent to abandon any dog on any street, highway or public place within the town.
(Code 1967, § 6-4)
Cross reference(s)—Abandoning cats, § 10-2.
(a) No person, being the owner, keeper, or having the charge or custody of any dog, shall allow such dog to go at large upon any road, street, highway, public or private property within the town, other than the fenced-in secure yard of the owner or keeper, unless such dog shall be upon a physical leash. Every owner or keeper of any dog within the limits of the town shall be required to keep such dog under restraint at all times. It shall be unlawful for any owner of a dog to place that dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of such dog.
Restraint is hereby defined as:
(1) Controlled by means of a leash securely connected to the dog and held by a competent person.
(2) In a building or within a fenced-in enclosure on the property of its owner, which building or fence shall be adequate to prevent such dog from escaping.
(3) Securely attached on the premises of the owner or keeper, by means of humane tether so as limit the motion of the dog to the limits of the property of the owner.
(4) Secured upon the owner's property by a properly functioning "electric fence" system. Dogs found at large due to a malfunctioning element of an "electric fence" system shall be deemed to be a violation of this ordinance.
This section shall not apply to any person who uses a dog under his or her direct supervision while lawfully hunting, while engaged in a supervised formal obedience training class or show, or during formal sanctioned field trails.
(b) Any dog found at large within the town shall be impounded by the police, and its owner or keeper shall be allowed to recover such dog during the hours set forth by the police department, only upon payment of a daily boarding fee to be set from time to time by the chief of police, based approximately upon the cost to the town of such boarding costs.
(c) Pursuant to G.L. § 4-13-1(b) any person violating this section shall be fined not exceeding $25.00 per dog for the first violation, $50.00 per dog for the second violation within a 12-month period, and $100.00 per dog for the third and subsequent violations within a 12-month period.
(Code 1967, § 6-5; Ord. of 7-25-11, § 3; Ord. of 2013(2))
Cross reference(s)—Animals at large, § 10-1.
Editor's note(s)—An ordinance of July 25, 2011, § 3, repealed § 10-34, which pertained to nuisances and derived from the Code of 1967, § 6-6.
Sec. 10-35. Dogs prohibited in Pocasset Hill Cemetery.
No dog shall be allowed on the premises of the Pocasset Hill Cemetery. The town dog officer shall take into his custody all such dogs found on the cemetery property.
(Code 1967, § 6-6.1)
Cross reference(s)—Cemeteries, ch. 26.
Sec. 10-36. Construction of sections 10-32 to 10-34.
Sections 10-32 to 10-34 shall be construed to be in addition to the provisions set forth in G.L. 1956, §§ 4-13-1 to 4-13-37.
(Code 1967, § 6-7)
(a) Defined. Attack dogs means dogs who are specifically trained for security and whose services are compensated for.
(b) Notice of assignment. Twenty-four-hour written notice shall be given to the police and fire departments as to the assignment of attack dogs. It will be the responsibility of the dog owner to notify such departments.
(c) Posting of premises. The premises where such dogs are located shall be posted with a notice of such fact.
(d) Off-duty confinement. Attack dogs, when off-duty and in the custody of dog handlers, will be confined to a cage or kennel when outdoors.
(Code 1967, § 6-7.1)
(a) Definitions.
(1) Aggressive dog means any dog that, is determined in writing by a hearing pursuant to the provisions of G.L. § 4-13.1-11, when unprovoked, bites, harms or attacks a human being or other animal either on public or private property, or in an aggressive or terrorizing manner, approaches any person with an apparent attitude of attack; or one who has been determined to be aggressive by another municipality.
(2) Enclosure means a fence or structure at least six feet in height; suitable to prevent the entry of young children and suitable to confine an aggressive dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom to prevent the dog from escaping from the enclosure.
(b) Registration of aggressive dogs required.
(1) Any person having custody, ownership or control of an aggressive dog as defined in this article must register said dog with the town on a form provided by the town. Annual registration renewals must be obtained during the month of April of each subsequent year. An appropriately colored tag to be worn by the dog with his regular license tag will be issued by the town clerk evidencing the aggressive dog registration.
(2) No such dog shall be registered or licensed unless the owner or keeper shall meet the following requirements:
a. The owner or keeper shall present to the town clerk, proof of liability insurance in the amount of at least $100,000.00 valid for one year from the date of registration and fully paid, covering any damage or injury which may be caused by such aggressive dog and which policy shall contain a provision requiring that the town be named as an additional insured.
b. The owner or keeper shall sign a statement attesting that he or she shall:
1. Not voluntarily cancel the liability insurance required by this section unless he or she shall cease to own or keep the aggressive dog;
2. Have a fenced and locked enclosure for the aggressive dog on the property where the aggressive dog will be kept or maintained;
3. Notify the police department within 12 hours if an aggressive dog is on the loose, is unconfined, has attacked, bitten or injured, whether provoked or unprovoked, a human or another animal or has died or been sold or given away; and
4. Ensure that the aggressive dog is securely muzzled and restrained with a leash having a 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 whenever it is outside the owner's dwelling or the dog's enclosure.
If the aggressive dog has been sold or given away, the owner or keeper shall also provide the town clerk with the name, address and telephone number of the new owner or keeper.
(c) Age and fee.
(1) Any person having custody over or control of any aggressive dog must be at least 18 years of age.
(2) The annual registration fee for said aggressive dog shall be $25.00.
(d) Hearing to determine if dog is aggressive or if violation occurred.
(1) In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is aggressive or that the conduct of the aggressive dog or its owner or keeper constitutes a violation of the provisions of this section, the dog officer or law enforcement officer may seize and impound the dog at the owners expense pending a hearing as provided for herein. The chief of police or his designee shall conduct or cause to be conducted an investigation and shall notify the owner or keeper of the dog that a hearing in the municipal court will be held at which time he or she may have the opportunity to present evidence.
(e) Penalties. An attack or assault by the dog may be punishable by a fine, destruction of the animal or removal of the animal from the confines of the town. Any person found in violation of this section shall be also subject to the penalties described in chapter 1, section 1-7 of the Town of Tiverton Code of Ordinances. The determination by the municipal court judge shall be decided upon a preponderance of the evidence.
(f) Effective date. This section shall take effect upon passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Ord. of 1-14-02; Ord. of 7-25-11, § 3)
(a) It shall be a violation of this section for an owner or keeper to:
(1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an area 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 anytime 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 Weather Safety Scale (TACC).
(b) 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. § 4-19-2; provided however, that adequate veterinary care may be provided by an owner using acceptable animal husbandry practices.
(c) Exposing any dog to adverse weather conditions strictly for the purpose of conditioning shall be prohibited.
(d) The provisions of this section, as they relate to the duration and timeframe of tethering or confinement, shall not apply:
(1) If the tethering or confinement is authorized for medical reasons in writing by a veterinarian licensed in Rhode Island, 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, including, but not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be renewed annually. The 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. The 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 that animal control officer or police officer if there are any conditions present that warrant revocation. The conditions include, but are not limited to, changes in the number or type of dogs, changes in the facility structure or safety, and changes in the health of the dog;
(3) To any entity licensed by the state pursuant to G.L. ch. 19 of Title 4, or any veterinary facility; or
(4) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. § 2133) that are temporarily in the state, if authorized by the department of environmental management (DEM);
(e) Any person in violation of this section shall be fined in accordance with section 1-7. Each day of violation shall constitute a separate offense.
(f) 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 and the department of environmental management (DEM).
( Ord. of 10-13-20(1) )
Cross reference(s)—G.L. § 4-13-42.
(a) No dog over three months old shall be permitted within the town limits unless such dog shall have been vaccinated or immunized in the manner set forth in section 10-52 within a period of 12 months, if such dog shall have been vaccinated or immunized within the one year vaccine, or within a period of 36 months, if such dog shall have been vaccinated or immunized by the two-year vaccine.
(b) It shall be unlawful for any person to own, keep or harbor any dog over three months old within the town unless such dog shall have been vaccinated or inoculated in accordance with the provisions of this division.
(Code 1967, § 6-10)
Sec. 10-52. Approval of vaccine; issuance and form of certificate.
The vaccination or immunization referred to in section 10-51 shall be by a vaccine approved by the state department of public health or similar governmental authority 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 the dog and the name of the owner thereof, and whether the vaccine given is the one-year or the two-year vaccine, together with such other information as may reasonably be required by the health officer or the veterinarian administering the vaccine.
(Code 1967, § 6-11)
Sec. 10-53. Certificate prerequisite to license; public clinics; licenses.
(a) 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 duly authorized person to issue such license, a current certificate of vaccination or inoculation, as provided in this division 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 division. Public clinics providing inoculations at a nominal charge shall be made available at least once a year by the police department.
(b) Every owner or keeper of a dog shall annually, in the month of April, cause such dog to be licensed from the first day of the ensuing May 1, in the office of the town clerk. Such owner or keeper shall pay to the town clerk the currently required license fee. Any person who shall become the owner or keeper of a dog in the town shall cause the dog to be licensed within 30 days after he becomes the owner or keeper. Every person, owning or keeping a dog not licensed and/or collared according to the provisions of this section shall be fined $10.00 to be applied to the support of the town, and that fine shall be in addition to all other lawful fees.
(Code 1967, § 6-12)
Sec. 10-54. Impounding of unvaccinated dogs.
Any dog over three 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 division, shall be impounded by any police officer of the town or other authorized person for a period not exceeding five days, during which time such dog may be returned to its owner upon proof of ownership, vaccination of the dog, and payment by the owner of all reasonable costs arising from the impounding action. At the expiration of the five-day period, any dog not so claimed by its owner may be disposed of by the impounding authority.
(Code 1967, § 6-13)
Sec. 10-71. Prohibited in certain areas.
No person shall hunt with a gun, pursue, shoot at, take or kill any bird or animal, at any time, within the following described areas in the town:
(1) The area bounded and described as follows: Northerly by State Avenue; easterly by Fish Road; southerly by the Sakonnet River Bridge and the highway connecting thereto; westerly by the Sakonnet River.
(2) The area bounded and described as follows: Northerly by the Sakonnet River Bridge and the highway connecting thereto; easterly by a line 1,000 feet east of Main Road; southerly by the Tiverton-Little Compton town line; westerly by the Sakonnet River.
(3) The area bounded and described as follows: By a line 1,000 feet on each side of Bulgarmarsh Road, extending from Main Road to Stafford Road and Crandall Road.
(4) The area bounded and described as follows: By a line 1,000 feet on each side of East Road, extending from Main Road to Crandall Road.
(5) The area bounded and described as follows: By a line 1,000 feet on each side of Stafford Road and Crandall Road, extending from the Rhode Island-Massachusetts line to the Tiverton-Little Compton line.
(Code 1967, § 6-14)
Discharge of any firearm is hereby prohibited in the town, except as follows:
(1) Legal hunting activity as defined by state and local regulations.
(2) Target shooting at any bona fide range or club, as designated by the council.
(3) Target shooting on private property by the property owner, or guest with written permission of the property owner. This activity is to be restricted to the period between 10:00 a.m. and 5:00 p.m. All prudent safety measures shall be exercised to protect the public health.
All activity defined in this section shall be restricted to a minimum distance from any dwelling of 500 feet in all cases. For purposes of this section the word "firearm" shall be defined as any rifle, pistol, or other instrument from which steel or metal are propelled by means of a powder charge. The word "discharge" shall be defined as the operation of a firearm as to cause the ignition of the powder charge with or without the expulsion of a projectile from the firearm.
(Code 1967, § 6-14A)
Sec. 10-73. Across highways, roads, trails or driveways.
No person shall hunt with a gun, pursue, shoot at, take or kill any bird or animal along, or upon or across any highway, road, lane, trail or driveway within the town.
(Code 1967, § 6-15)
Editor's note(s)—An ordinance of July 25, 2011, § 3, repealed § 10-74, which pertained to on Sunday and derived from the Code of 1967, § 19-3.
Sec. 10-91. Purpose of article.
The purpose of this article is to ensure that horses are properly cared for and maintained in the town.
(Code 1967, § 6-17)
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:
Horse means horses, ponies and donkeys.
(Code 1967, § 6-16)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 10-93. Enforcement of article.
The dog officer of the town shall periodically inspect the stable of each horse registered in the town, and shall report to the chief of police and to the general agent for the Society for the Prevention of Cruelty to Animals any mistreatment or inadequate care or maintenance of any horse.
(Code 1967, § 6-21)
Sec. 10-94. Penalty for violation of article.
Any person violating the terms of this article shall, upon conviction, be punished in accordance with section 1-7.
(Code 1967, § 6-22)
Every person stabling or maintaining a horse in the town shall register each animal with the town clerk annually. There shall be the currently required fee as set from time to time by resolution of the council to register each horse. Registration shall be on a form to be provided by the town clerk, and shall require the registrant to list the age, sex, color of the animal and the dimensions of the stall in which the animal is to be stabled.
(Code 1967, § 6-18)
Sec. 10-96. Feeding and shelter.
Every person maintaining a horse in the town shall provide suitable food and water and fit shelter for the animals under his care. Protective enclosures or stables shall be provided for all horses at all times.
(Code 1967, § 6-19)
All horses shall be properly shod or their hooves properly trimmed.
(Code 1967, § 6-20)
[1]Cross reference(s)—Noisy animals, § 38-145; animals in mobile home parks, § 46-36.
State law reference(s)—Animals generally, G.L. 1956, title 4; municipal regulation of dogs, G.L. 1956, § 4-13-1.