Statute in Full:
Burrilville, Rhode Island
Providence, Rhode Island
Burrilville Rhode Island
Revised General Ordinances City of Burrilville, Rhode Island
Chapter 4 ANIMALS*
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*Cross references: Environment, ch. 12.
State law references: Animals generally, G.L. 1956, Title 4; municipal regulation of animals, G.L. 1956, § 23-19.2-1.
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Article I. In General
Sec. 4-1. Definitions.
Sec. 4-2. Exemptions.
Sec. 4-3. Enforcement.
Sec. 4-4. Penalty.
Sec. 4-5. Authority of officers to enter premises, remove animal.
Sec. 4-6. Interference with enforcement.
Sec. 4-7. Complaint procedure.
Sec. 4-8. Creation of nuisance.
Sec. 4-9. Keeping of horses, cattle, swine, fowl, etc.
Sec. 4-10. Disposal fees.
Sec. 4-11. Confinement of certain animals.
Secs. 4-12--4-35. Reserved.
Article II. Dogs
Sec. 4-36. Dogs belonging to nonresidents.
Sec. 4-37. Restraint.
Sec. 4-38. Impoundment, disposition of certain dogs.
Sec. 4-39. Vaccination.
Sec. 4-40. Dogs not allowed on school property, in stores or eating places; exception.
Sec. 4-41. Number restricted.
Sec. 4-42. Kennel license.
Sec. 4-43. Vicious dogs.
Secs. 4-44--4-65. Reserved.
Article III. Impoundment
Sec. 4-66. Animals other than dogs.
Sec. 4-67. Reclaiming generally.
Sec. 4-68. Reclaiming nuisance animals.
Sec. 4-69. Disposition of unclaimed animals.
Sec. 4-70. Destruction of certain animals.
Sec. 4-71. Impoundment fees.
Sec. 4-72. Records.
Secs. 4-73--4-95. Reserved.
Article IV. Rabies Control
Sec. 4-96. Causes and conditions of quarantine.
Sec. 4-97. Surrender of animal.
Sec. 4-98. Death of animal under observation.
Sec. 4-99. Areawide quarantine.
Sec. 4-100. Destruction or isolation of bitten dogs.
Sec. 4-101. Extension of quarantine.
Sec. 4-102. Compliance; cooperation with officers.
Sec. 4-103. Reports of bite cases.
Sec. 4-104. Responsibilities of veterinarians.
ARTICLE I. IN GENERAL
Sec. 4-1. Definitions.
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 means any person employed by the town as its enforcement officer and shall include any police officer of the town.
At large means any dog when it is off the property of its owner and not under restraint of a competent person.
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 chapter.
Exposed to rabies means a dog that has been bitten by or exposed to any animal or creature known to have been infected with rabies.
Kennel means any structure/operation used for the breeding, boarding or training of more than three dogs.
Owner means any person, group of persons or corporation owning, keeping or harboring a dog.
Restraint means that an animal is restrained and controlled by leash; and/or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
(Code 1972, § 5-1; Ord. of 8-26-1992, §§ 1, 2)
Cross references: Definitions generally, § 1-2.
Sec. 4-2. Exemptions.
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.
(Code 1972, § 5-6.1)
Sec. 4-3. Enforcement.
The provisions of this chapter shall be enforced by the animal control officer or by any police officer of the town.
(Code 1972, § 5-2)
Sec. 4-4. Penalty.
Except as otherwise provided in this chapter, any person guilty of violating any provision of this chapter may be punished by the payment of a fine of $10.00 for the first offense, $15.00 for the second offense within a year, $25.00 for the third and any subsequent offense within a year, to be recovered by action of debt, or by complaint and warrant, to be recovered for the use of the town, and if such violation is continued, each day's violation may constitute a separate offense.
(Code 1972, § 5-13)
State law references: Penalties for violation of municipal dog ordinances, G.L. 1956, § 4-13-1.
Sec. 4-5. Authority of officers to enter premises, remove animal.
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 a dog or other animal which is allegedly in violation of this chapter. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from the premises.
(Code 1972, § 5-10)
Sec. 4-6. Interference with enforcement.
No person shall interfere with, hinder or molest the animal control officer or any police officer of the town in the performance of his duties, or seek to release any animal in the custody of the animal control officer or any police officer except as herein provided.
(Code 1972, § 5-11)
Sec. 4-7. Complaint procedure.
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.
(Code 1972, § 5-9)
Sec. 4-8. Creation of nuisance.
(a) Noise disturbance. The keeping or harboring by any person of any dog, or other animal or fowl, 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.
(b) Failure to restrain animal. It shall be unlawful for any owner of an animal to fail to restrain the animal so the animal shall trespass on private or public property and damage or destroy any property or thing of value. This violation is hereby declared to be a nuisance and such animal shall be impounded by the animal control officer and disposed of in accordance with section 4-69.
(c) Written complaints. 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, 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. If the animal control officer or assistant finds that the nuisance is not abated, the animal control officer shall impound the animal and dispose of the animal in accordance with section 4-69.
(Code 1972, § 5-8)
Sec. 4-9. Keeping of horses, cattle, swine, fowl, etc.
(a) No person shall own or have under his care any horse, goat, swine, sheep or cattle, except as may be expressly permitted by the zoning ordinance.
(b) No person shall own or have under his care any hens or other fowl except as may be expressly permitted by the zoning ordinance.
(Code 1972, § 3-5.4)
Sec. 4-10. Disposal fees.
(a) Any person contemplating or desiring to euthanize, transfer, convey for purposes of adoption or otherwise dispose of any domestic animal with the town shall pay to the animal control officer a fee as set forth in the animal disposal fee schedule, for purposes of administrative costs. The amount of such fees shall be set from time to time by the council and the schedule of such fees is on file in the town clerk's office.
(b) Upon receipt of such funds the animal control officer shall transfer any and all sums collected to the town treasurer for deposit in the general fund in the town.
(c) Fees listed in the animal disposal fee schedule shall be separate and distinct from any other fees pursuant to any ordinance concerning licensing or other regulatory matters for animals within the town.
(Code 1972, § 5-14)
Sec. 4-11. Confinement of certain 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 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 subsection (a) of 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 dog officer within 24 hours after the hunt is terminated.
(3) The missing dog is recovered within 48 hours after the hunt is terminated.
(c) Every female dog or other 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 dog or other animal cannot come in contact with another dog or animal except for intentional breeding purposes.
(d) Any animal described in this section and 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.
(Code 1972, § 5-4.4(a)--(d))
Secs. 4-12--4-35. Reserved.
ARTICLE II. DOGS*
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*State law references: Authority to regulate dogs, G.L. 1956, § 4-13-1.
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Sec. 4-36. Dogs belonging to nonresidents.
The licensing and vaccination requirements of this chapter shall not apply to any dog belonging to a nonresident of the town and kept within the town for not longer than 15 days, provided any such dog at all times while in the town is kept within a building, enclosure or vehicle or is under restraint by the owner.
(Code 1972, § 5-6.2)
State law references: Similar provisions, G.L. 1956, § 4-13-31(h).
Sec. 4-37. Restraint.
The owner shall keep his 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 under the leash control of a person competent to handle the dog.
(Code 1972, § 5-3; Ord. of 8-26-1992, § 4)
State law references: Animals at large, G.L. 1956, § 4-15-1 et seq.
Sec. 4-38. Impoundment, disposition of certain dogs.
(a) Impoundment of dog at large. Any dog found running at large shall be seized by the animal control officer and impounded in the dog pound and there confined in a humane manner for a period of not less than five days.
(b) Disposition of unclaimed dogs. 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 hereinafter provided in the cases of certain dogs.
(c) Transfer of title. The animal control 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.
(d) Ownership known. 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.
(e) Notice of seizure. 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.
(f) Redemption. The owner shall be entitled to regain possession of any impounded dog except as hereinafter provided in the case of certain dogs upon payment of the required impoundment fees. Proof of ownership may include a license receipt, affidavits of neighbors or a photograph.
(Code 1972, §§ 5-4.1, 5-4.2)
Sec. 4-39. Vaccination.
(a) Required. No dog over four months old shall be permitted within the town limits unless it is vaccinated or immunized in the manner set forth in this section within a period of 12 months, or it has been vaccinated or immunized with the one-year vaccine, or within a period of 36 months, or it has been vaccinated or immunized by the three-year vaccine.
(b) Use of approved vaccine; certification generally. The vaccination or immunization referred to in subsection (a) of this section 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 shall show the rabies tag number, the sex and breed of dog, 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.
(c) Certificate prerequisite to license. No license shall be issued for any dog required to be licensed in the town unless the person making application therefor first presents to the town clerk's office a current certificate of vaccination or inoculation 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 section.
(d) Unvaccinated dogs.
(1) It shall be unlawful for any person to own, keep or harbor within the town any dog over four months old unless such dog has been vaccinated or inoculated in accordance with the provisions of this section.
(2) 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 section shall be impounded by the dog officer of 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 the currently required fees. At the expiration of the five-day period, any dog not claimed by its owner shall be disposed of in accordance with section 4-69.
(Code 1972, §§ 5-7.1--5-7.4)
State law references: Similar provisions, G.L. 1956, § 14-13-31.
Sec. 4-40. Dogs not allowed on school property, in stores or eating places; exception.
(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.
(Code 1972, § 5-9)
Sec. 4-41. Number restricted.
It shall be unlawful to keep more than three dogs unless the person has applied for and received a kennel license.
(Code 1972, § 5-9)
Sec. 4-42. Kennel license.
(a) Every owner or keeper of more than three dogs shall make application to the town council for a kennel license. The application shall state the name of the owner and keeper of such kennel, the proposed location of same, and the number of dogs to be kept therein. Each proposed kennel shall be in a structure separate from other structures. That structure shall be buffered from abutters' property lines by at least 100 feet.
(b) Thereupon, if the town council shall deem that such kennel and the use and operation thereof at such location would not constitute a public nuisance, it shall issue a kennel license authorizing the owner or keeper to keep such kennel in the definite location to be specified in such license, upon the payment by such applicant of the current license fee.
(Code 1972, § 5-9.1)
Cross references: Businesses and licensing, ch. 8.
Sec. 4-43. Vicious dogs.
If the animal control officer or law enforcement officer has probable cause to believe that a dog is vicious, the animal control officer or his immediate supervisor or the chief of police, or his designee, shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. Such hearing shall be in accordance with the procedures as set forth in G.L. 1956, § 4-13.1-12.
(Ord. of 8-26-1992, § 5)
Secs. 4-44--4-65. Reserved.
ARTICLE III. IMPOUNDMENT
Sec. 4-66. Animals other than dogs.
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 1972, § 5-4.1(f))
Sec. 4-67. Reclaiming generally.
Any animal impounded under the provisions of this article may be reclaimed by the owner upon the payment of the currently required impoundment fees.
(Code 1972, § 5-4.2(b))
Sec. 4-68. Reclaiming nuisance animals.
Any dog or other 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 such reclamation is authorized by a court having jurisdiction in the matter and suit is commenced and notice given before five days have elapsed.
(Code 1972, § 5-4.4(e))
Sec. 4-69. Disposition of unclaimed animals.
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 animal control officer, have its title transferred to the Society for the Prevention of Cruelty to Animals, 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 chapter and such other regulations as shall be fixed by the town; provided, 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 1972, § 5-4.2(c))
Sec. 4-70. Destruction of certain animals.
When in the judgment of the animal control officer, any police officer or a licensed veterinarian, an animal should be destroyed for humane reasons, such animal may not be reclaimed.
(Code 1972, § 5-4.4(f))
Sec. 4-71. Impoundment fees.
Any animal impounded under this article may be reclaimed as provided in this article upon payment by the owner to the animal control officer of the current general impoundment fee and the additional daily maintenance fee for each day such animal is kept after the expiration of the legal detention period. Such fees shall be collected by the animal control officer and turned over to the town clerk, who shall deposit same with the town treasurer.
(Code 1972, § 5-4.3)
Sec. 4-72. Records.
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.
(Code 1972, § 5-12.1)
Secs. 4-73--4-95. Reserved.
ARTICLE IV. RABIES CONTROL*
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*State law references: Compulsory rabies vaccination, G.L. 1956, § 4-13-31.
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Sec. 4-96. Causes and conditions of quarantine.
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.
(Code 1972, § 5-5.1)
Sec. 4-97. Surrender of animal.
Upon demand by 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 which 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 set forth in section 4-71.
(Code 1972, § 5-5.2)
Sec. 4-98. Death of animal under observation.
When rabies has been 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.
(Code 1972, § 5-5.3)
Sec. 4-99. Areawide quarantine.
(a) When one or both reports indicate a positive diagnosis of rabies the animal control officer shall recommend an areawide 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.
(b) During the 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 Biologies Control Section of the U.S. Department of Agriculture. The types of approved canine antirabies 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 (i.e., 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.
(c) No dog which has been impounded by reason of its being a stray, and which is unclaimed by its owner, shall be allowed to be claimed during the period of the rabies emergency quarantine except by special authorization of the health officer and the animal control officer.
(Code 1972, § 5-5.4)
Sec. 4-100. Destruction or isolation of bitten dogs.
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.
(Code 1972, § 5-5.5)
Sec. 4-101. Extension of quarantine.
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.
(Code 1972, § 5-5.6)
Sec. 4-102. Compliance; cooperation with officers.
(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 provided in this article, nor remove such animal from the town limits without written 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.
(c) The animal control officer shall direct the disposition of any animal found to be infected with rabies.
(d) No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this article when demand is made therefor by the animal control officer.
(Code 1972, § 5-5.7)
Sec. 4-103. Reports of bite cases.
(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) 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.
(Code 1972, §§ 5-5.8, 5-12.2)
Sec. 4-104. Responsibilities of veterinarians.
Every licensed veterinarian shall report to the animal control officer any animal considered by him to be a rabies suspect.
(Code 1972, § 5-5.9)
Providence, Rhode Island
Code of Ordinances City of Providence Rhode Island
Chapter 4 ANIMALS AND FOWL*
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*Charter references: Powers of city, § 2.1 et seq.
Cross references: Location, construction, etc., of stables, § 5-32 et seq.; slaughtering of poultry, §§ 10-104 et seq.; feeding domesticated birds, fowl, animals, § 12-118; feeding wild birds, § 12-119; animals in parks, § 18-8.
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Article I. In General
Sec. 4-1. Establishment of public pound.
Sec. 4-2. Running at large.
Sec. 4-3. Keeping swine.
Sec. 4-4. Keeping fowl.
Sec. 4-5. Bins for manure and refuse, removal of manure and refuse.
Sec. 4-6. Burying dead animals.
Sec. 4-7. Transporting dead animals.
Sec. 4-8. Contract for removal of dead animals.
Sec. 4-9. Euthanization by lethal injection only.
Sec. 4-10. Disposition or destruction of animals.
Secs. 4-11--4-18. Reserved.
Article II. Dogs
Sec. 4-19. Prohibited at large in event of danger of rabies.
Sec. 4-20. Declaration of danger of rabies; rules and regulations for immunization.
Sec. 4-21. Impounding and destruction of unmuzzled or unimmunized dogs.
Sec. 4-22. Recovery of possession of impounded dogs.
Sec. 4-23. Quarantine of dog which has bitten person.
Sec. 4-24. Removal of barking, biting and howling dogs.
Sec. 4-25. Molesting, injuring, interfering with dogs of police department.
Sec. 4-26. Fees for special constable destroying, listing dogs.
Sec. 4-27. Canine waste and its removal.
Secs. 4-28--4-30. Reserved.
Article III. Control of Dogs and Other Animals
Sec. 4-31. Definitions.
Sec. 4-32. Enforcement.
Sec. 4-33. Restraint of dogs required.
Sec. 4-33.1. Fee for owner-requested destruction of dog.
Sec. 4-34. Impoundment of dogs and other animals.
Sec. 4-34.1. Proof of ownership required prior to impounding dog or cat.
Sec. 4-35. Redemption of impounded dogs or other animals.
Sec. 4-36. Impoundment fees.
Sec. 4-37. Confinement of dogs and other animals in heat.
Sec. 4-37.1. Maximum number of dogs allowed.
Sec. 4-37.2. Maximum number of felines allowed.
Sec. 4-38. Rabies control.
Sec. 4-39. Reports of bite cases.
Sec. 4-40. Responsibilities of veterinarians.
Sec. 4-41. Exemptions from article provisions.
Sec. 4-42. Vaccination prerequisite to permitting dog in city.
Sec. 4-43. Vaccine to be approved; certification of inoculation or vaccination.
Sec. 4-44. Certificate prerequisite to licensing dog.
Sec. 4-45. Immunization prerequisite to owning, keeping, harboring dog.
Sec. 4-46. Impounding, disposal of unvaccinated, uninoculated dog.
Sec. 4-46.1. Vaccination and impoundment of at-large dogs.
Sec. 4-47. Conditions declared nuisance; abatement required.
Sec. 4-48. Filing complaints under article.
Sec. 4-49. Right of dog officer to enter premises, examine and seize dog.
Sec. 4-49.1. Dog officer authorized to serve summonses.
Sec. 4-50. Interference with dog officer, police, unauthorized release of impounded animal.
Sec. 4-51. Records to be kept by dog officer.
Sec. 4-52. Penalty for violation of article.
Sec. 4-53. Control of vicious dogs.
Sec. 4-54. Registration of certain breeds of dogs required.
Sec. 4-55. Owners responsible for damage done by their dogs.
Sec. 4-56. Penalty for violation of sections 4-53 through 4-55.
ARTICLE I. IN GENERAL
Sec. 4-1. Establishment of public pound.
The Dexter Asylum grounds, as enclosed by the existing wall around the same, are hereby designated as the public pound of the city.
(Ord. 1914, ch. 48, § 1; Rev. Ords. 1946, ch. 4, § 4)
Cross references: Impoundment of dogs, etc., § 4-34.
Sec. 4-2. Running at large.
(a) No horse, sheep, swine, goats or cattle shall go at large, loose or unfastened in any public street or highway within the limits of the city, or on any land therein thrown open as a way for public travel and used by the public for travel although such way be not legally a public street or highway, or go at large elsewhere in the city.
(b) All swine found running at large within the limits of the city are hereby declared forfeited, and any person may seize, or cause to be seized, any swine found so running at large and convert the same to his own use, or deliver the same to the keeper of the Dexter Asylum for the use of the poor persons in that institution.
(Ord. 1914, ch. 1, §§ 1, 3; Rev. Ords. 1946, ch. 4, § 1)
Sec. 4-3. Keeping swine.
No swine shall be kept within the limits of the city.
(Ord. 1914, ch. 1, § 2; Rev. Ords. 1946, ch. 4, § 2; Ord. 1993, ch. 93-54, § 1, 12-14-93)
State law references: Keeping swine and power of city council to enforce regulations, §§ 4-3-12, 23-24-11, Gen. Laws 1956.
Sec. 4-4. Keeping fowl.
No owner or occupant of any dwelling house shall keep or permit to be kept, any live fowl, geese, ducks or pigeons in any dwelling house or in the cellar of any such house, nor shall any such fowl or pigeons be kept within the city limits.
(Ord. 1914, ch. 1, § 4; Rev. Ords. 1946, ch. 4, § 3; Ord. 1986, ch. 86-3, § 1, 2-12-86)
Sec. 4-5. Bins for manure and refuse, removal of manure and refuse.
(a) Every person owning, leasing or occupying any stall, stable, shed, barn or apartment, wherein any horse or any cattle shall be kept, shall maintain a covered bin, vault or cellar, satisfactory to the superintendent of health, in which shall be placed all manure or refuse from such horse or cattle.
(b) No person shall, between the hours of 8:00 a.m. and 7:00 p.m. remove or suffer to be removed any such manure or refuse from said premises, except with the permission of the superintendent of health previously obtained in writing.
(Rules of Bd. of Ald., ch. 1, r. 60; Rev. Ords. 1946, ch. 4, § 14)
State law references: Power of council to regulate storing of stable manure and limiting penalty for violation thereof, §§ 23-19, 23-19-3, Gen. Laws 1956.
Sec. 4-6. Burying dead animals.
No person shall bury or cause to be buried the body of any horse, ass, mule, ox, cow, bull, hog or other large animal, within the limits of the city, unless in such manner that every part and portion of such body shall be at least three (3) feet below the natural surface of the ground where the same is buried, and in conformity with the requirements of the superintendent of health.
(Ord. 1941, ch. 1, § 5; Rev. Ords. 1946, ch. 15, § 18)
Sec. 4-7. Transporting dead animals.
No person shall remove, carry or transport over, upon or through any street or highway of the city the dead body of any horse, ass, mule, ox, cow, bull, hog or any other animal, not slaughtered and in condition for use as food unless specially authorized so to do by the superintendent of health.
(Ord. 1914, ch. 1, § 6; Rev. Ords. 1946, ch. 15, § 19)
Sec. 4-8. Contract for removal of dead animals.
The superintendent of health is hereby authorized and empowered, in his discretion, in the name and behalf of the city, from time to time, to contract for the faithful performance of the work of removing from the city, and through the streets thereof, any dead animal bodies, with such party as he shall authorize to make such removals, and upon such terms and conditions as he shall approve, provided the terms of any such contract shall not exceed five (5) years.
(Ord. 1914, ch. 1, § 7; Rev. Ords. 1946, ch. 15, § 20)
Sec. 4-9. Euthanization by lethal injection only.
Within the city any animal subject to destruction under the laws of the state or the ordinances of the city shall be euthanized by lethal injection only. No animal may be destroyed by use of a gas chamber. This enactment shall supersede the provisions of section 4-41 or any other relevant section of the Code of Ordinances.
(Ord. 2002, ch. 02-36, § 1, 10-18-02)
Sec. 4-10. Disposition or destruction of animals.
Any animal relinquished to any animal shelter or pound by an individual claiming to be the animal's owner shall be held for not fewer than seventy-two (72) hours, excluding Saturday, Sunday and Holidays. A new or previous owner of said animal shall pay the reasonable and customary fees associated with the adoption process. The provisions of this section relating to the seventy-two-hour holding period shall not apply to any animal which, being impounded hereunder, is in need of immediate medical attention and which same animal has been examined by a licensed veterinarian or shelter staff who shall confirm, in writing that the animal should be destroyed for humanitarian reasons.
(Ord. 2002, ch. 02-36, § 2, 10-18-02)
Secs. 4-11--4-18. Reserved.
ARTICLE II. DOGS*
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*State law references: State law relative to dogs, Ch. 4-13, Gen Laws, 1956; state law as to rabid dogs, §§ 4-13-26--4-13-31, Gen. Laws 1956.
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Sec. 4-19. Prohibited at large in event of danger of rabies.
It shall be unlawful for the owner or keeper of any dog licensed according to law, to permit such dog to run at large in the city whenever the superintendent of health declares that there is danger of rabies.
(Ord. 1932, ch. 843, § 1; Rev. Ords. 1946, ch. 4, § 5)
Editor's note: Sec. 4-38 provides for quarantine, examination, etc. of any animals which bites a person or another animal, and for the disposal of rabid animals and animals exposed to rabies; and § 4-46 provides for impounding and disposal of unvaccinated dogs. To the extent §§ 4-19--4-21 are in conflict therewith, §§ 4-19--4-21 have been superseded.
Sec. 4-20. Declaration of danger of rabies; rules and regulations for immunization.
The superintendent of health shall make a declaration that there is danger of rabies by advertising in one or more newspapers published in the city, stating therein the period of time during which said danger of rabies shall be considered to exist, and shall set forth such rules and regulations relative to proper immunization not inconsistent with the rules and regulations of the state veterinarian under the provisions of General Laws, Chapter 639, section 34.
(Ord. 1932, ch. 843, § 1; Rev. Ords. 1946, ch. 4, § 6)
Note: See the editor's note following § 4-19.
Sec. 4-21. Impounding and destruction of unmuzzled or unimmunized dogs.
After the declaration and rules and regulations have been set forth, as provided for in section 4-20 hereof, any licensed and collared dog found during said period unleashed or unmuzzled, or not properly immunized against rabies in accordance with said rules and regulations of the superintendent of health, in any street, highway or other public place within the limits of the city shall be impounded by the special constable under the dog laws for a period of at least five (5) days, after which time it shall be the duty of said special constable to cause said dog to be destroyed.
(Ord. 1932, ch. 843, § 1; Rev. Ords. 1946, ch. 4, § 7)
Note: See the editor's note following § 4-19.
Sec. 4-22. Recovery of possession of impounded dogs.
The owner or keeper of any dog impounded as provided herein, upon proof that such dog belongs to or is kept by him, within the period of five (5) days and upon the payment of three dollars ($3.00) to the special constable, may recover possession of and remove said dog.
(Ord. 1932, ch. 843, § 1; Rev. Ords. 1946, ch. 4, § 8)
Editor's note: Secs. 4-35 and 4-36 also provides for redemption of impounded dogs and other animals, and prescribes the impoundment fees. To the extent § 4-22 is in conflict therewith, § 4-22 has been superseded.
Sec. 4-23. Quarantine of dog which has bitten person.
The superintendent of health may order the quarantine and confinement for observation for a period of not more than fifteen (15) days of any dog which has bitten a human being, and the exercise of such authority shall not require any declaration by the superintendent of health that there is any danger of rabies.
(Ch. 4, § 7.1, added by Ord. 1953, ch. 785, § 1)
Editor's note: Sec. 4-38 provides for quarantine, examination, etc. of any animal which bites a person or another animal, and for the disposal of rabid animals and animals exposed to rabies. To the extent § 4-23 is in conflict therewith, § 4-23 has been superseded.
Sec. 4-24. Removal of barking, biting and howling dogs.
On complaint being made to the chief of police of any dog within the city, which shall, by barking, biting, howling or in any other way or manner, disturb the quiet of any person whomsoever, the chief of police shall forthwith issue notice thereof to the person owning or keeping such dog, or permitting such dog to be kept. In case such person shall neglect to cause such dog to be forthwith removed and kept beyond the limits of the city, or destroyed, he shall be deemed guilty of an offense.
(Ord. 1914, ch. 18, § 1; Rev. Ords. 1946, ch. 4, § 9)
Editor's note: Sec. 4-37(a) provides for confinement of fierce dangerous or vicious dogs, and § 4-37(b) provides for confinement of female dogs or other animals in heat. To the extent § 4-24 is in conflict therewith, § 4-24 has been superseded.
Sec. 4-25. Molesting, injuring, interfering with dogs of police department.
It shall be unlawful for any person to wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by the police department of the city in the performance of the functions or duties of such department, or to interfere with or meddle with any such dog while being used by said department or any officer or member thereof in the performance of any of the functions or duties of said department or of such officer or member.
(Ord. 1965, ch. 1689, § 1)
Sec. 4-26. Fees for special constable destroying, listing dogs.
The special constable appointed annually by the commissioner of public safety to kill or destroy or cause to be killed or destroyed, all dogs going at large and not licensed or collared according to law shall receive therefor from the city treasurer a fee of six hundred seventy-five dollars ($675.00) each month, to be charged to the police department appropriation. The special constables appointed annually by the commissioner of public safety to ascertain and make a list of the owners or keepers of dogs and return such lists to the said commissioner of public safety on or before the last day of May shall receive no fees for making such lists and returns.
(Ord. 1917, ch. 183, § 1; Rev. Ords. 1946, ch. 4, § 10; Ord. 1957, ch. 1165, § 1)
State law references: Provisions permitting council to fix fees for special constables in city, 4-13-12, Gen. Laws 1956.
Sec. 4-27. 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/her 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/her 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. Further more, 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 regulation, the means of removal shall be any tool, implement or other 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 ten dollars ($10.00) for the first offense, not exceeding fifteen dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars ($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 as such city council may prescribe.
(e) Exemption. This regulation shall not apply to a licensed dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirement of this section.
(f) Severability. The provisions of this section are severable and if any of the provisions of this section shall be held unconstitutional or in conflict with any other section of the City Charter or ordinances of the City of Providence or state law, then such section shall be void without affecting or impairing any of the remaining provisions.
(Ord. 1980, ch. 80-40, § 1, 10-9-80)
Secs. 4-28--4-30. Reserved.
ARTICLE III. CONTROL OF DOGS AND OTHER ANIMALS*
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*Editor's note: Ch. 68-41, enacted June 6, 1968, did not expressly amend this Code, nor the ordinances from which this Code is derived, hence codification of §§ 1--22 as Art. III, §§ 4-31--4-52 respectively, was at the discretion of the editors. The editors revised the catchlines where appropriate, to facilitate indexing and reference, and changed the word "ordinance" to "article" and deleted §§ 23--25, directory provisions, to maintain Code style and format.
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Sec. 4-31. Definitions.
As used in this article the following terms shall mean:
At large: Any dog shall be deemed to be at large when he is off the property of his owner and not under restraint as hereinafter defined.
Dog officer: The person or persons employed by the city as its enforcement officer and shall include any police officer of said city.
Dog pound: Any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this article.
Enclosure: A fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children. Such enclosure shall be securely enclosed and locked and designed with secure sides sufficient to prevent the animal from escaping.
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: Any person, group of persons or corporations engaged in the commercial business of breeding, buying, selling or boarding dogs or for hobby and recreation.
Leashed: A dog is properly leashed when it has a cord or chain attached to its collar or harness and held in the hand by the owner or competent person restraining a dog.
Owner: Any person, group of persons or corporation owning, keeping or harboring a dog or dogs.
Restraint: A dog is under restraint within the meaning of this article if he is leashed or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
Spayed female: Any bitch which has been operated upon to prevent conception.
Vicious dog:
(1) Any dog that when unprovoked, inflicts bites or attacks a human being or other animals either on public or private property, or in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places; or
(2) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
(Ord. 1968, ch. 68-41, § 1, 6-6-68; Ord. 1977, ch. 77-27, § 1, 6-21-77; Ord. 1989, ch. 89-7, § 1, 4-24-89)
Editor's note: The definitions were alphabetized to facilitate indexing, reference and use.
Sec. 4-32. Enforcement.
The provisions of this article shall be enforced by the dog officer of the City of Providence and any police officer of said city.
(Ord. 1968, ch. 68-41, § 2, 6-6-68)
Sec. 4-33. Restraint of dogs required.
The owner shall keep his 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 the control of a competent person by means of a leash or within a vehicle being driven or parked on the streets or within the property limits of its owner.
(Ord. 1968, ch. 68-41, § 3, 6-6-68; Ord. 1972, ch. 72-65, § 1, 12-28-72; Ord. 1973, ch. 73-40, § 1, 9-7-73; Ord. 1977, ch. 77-27, § 2, 6-21-77)
Sec. 4-33.1. Fee for owner-requested destruction of dog.
The dog officer may upon the application and request of the owner, who shall file an affidavit that he or she is the true owner of such animal, humanely destroy and dispose of any dog.
The dog officer shall charge a fee of not less than five dollars ($5.00) for such services.
(Ord. 1982, ch. 82-46, § 1, 7-8-82)
Sec. 4-34. Impoundment of dogs and other animals.
(a) Any dog, or dogs, found running at large shall be taken up by the dog officer or any police officer and impounded in the shelter designated as the city dog pound, and there confined in a humane manner for a period of not less than five (5) days, unless first claimed by owner thereof in accordance with section 4-35, and may thereafter be disposed of in a humane manner if not claimed by their owners.
(b) The dog officer may transfer possession 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 officer may (a) cite the owners of such dogs to appear in the Providence Police Court to answer to charges of violation of this article, (b) impound the dog, or (c) both cite the owners to appear in the Providence Police Court and impound the dog.
(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 whereby they may regain custody of such dogs.
(e) Any animals, other than a dog, found running at large within the city 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 city.
(Ord. 1968, ch. 68-41, § 4, 6-6-68; Ord. 1972, ch. 72-65, § 2, 12-28-72; Ord. 1973, ch. 73-40, § 2, 9-7-73)
Sec. 4-34.1. Proof of ownership required prior to impounding dog or cat.
(a) Anyone attempting to commit or have detained or impounded any dog or cat to a police officer, dog officer or any other individuals authorized by the city to exercise such control must first sign an affidavit that he or she is the true owner of said animal.
(b) The dog officer shall charge a fee, as specified in the following schedule, to be paid by said owner of any dog or cat taken to the dog pound for the purpose of transferring title or for disposal according to law.
Fee schedule:
For each adult (6 months or older) dog . . . $5.00
For each adult (6 months or older) cat . . . 5.00
For each kitten or puppy . . . 5.00
(Ord. 1977, ch. 77-24, § 1, 6-8-77; Ord. 1982, ch. 82-25, § 1, 6-6-82)
Sec. 4-35. Redemption of impounded dogs or other animals.
(a) The owner shall be entitled to regain possession of any impounded dog or other animal, except as hereinafter provided in the cases of certain dogs, at any time upon the payment of impoundment fees set forth herein.
(b) Any dog or other animal impounded under the provisions of this article and not reclaimed by its owner within five (5) days, may be humanely destroyed by the dog officer, have its possession transferred to the Society for the Prevention of Cruelty to Animals as provided for in section 4-34(b), or placed in the custody of some person deemed to be a responsible person, who will agree to comply with the provisions of this article and such other regulations as shall be fixed by the dog officer; provided, however, that such person pay to the dog officer an adoption fee of five dollars ($5.00).
(Ord. 1968, ch. 68-41, § 5, 6-6-68; Ord. 1972, ch. 72-65, § 3, 12-28-72; Ord. 1973, ch. 73-40, § 3, 9-7-73; Ord. 1982, ch. 82-26, § 1, 6-6-82)
Sec. 4-36. Impoundment fees.
Any animal impounded hereunder may be reclaimed, as herein provided, upon payment by the owner to the dog officer of ten dollars ($10.00) and the additional sum of four dollars ($4.00) per day for each day such dog is retained. Said owner, prior to reclaiming of the animal, must sign an affidavit that he or she is the owner of the animal which he or she is attempting to reclaim. Said owner must also provide proof that the animal is licensed in conformity with Section 4-13-4 of the General Laws of Rhode Island, 1956, as amended, to the dog officer. Such fees shall be collected by the dog officer and deposited with the city collector, with a monthly report concerning the number of dogs retained, an accounting of the fees collected, and a copy of the paid receipt given to each owner upon the reclaiming of the animal.
(Ord. 1968, ch. 68-41, § 6, 6-6-68; Ord. 1972, ch. 72-65, § 4, 12-28-72; Ord. 1973, ch. 73-40, § 4, 9-7-73; Ord. 1977, ch. 77-27, § 3, 6-21-77)
Editor's note: Ord. 1977, Ch. 77-27, provided that the $10.00 payment for the recovery of an animal applies to the first offense only. For the second offense within one year, the fee shall not exceed $15.00. For the third and any subsequent offense within one year, the fee shall not exceed $25.00.
Sec. 4-37. Confinement of dogs and other animals in heat.
(a) Reserved.
(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 or under control of a competent agent, in such a manner that such female dog or other animal cannot come in contact with another dog or animal, except for intentional breeding purposes.
(c) Any animal described in the foregoing subsection of section 4-37 found at large shall be impounded by the dog officer; the dog officer if the owner is known, shall notify the owner to appear before the Providence Police Court within seventy-two (72) hours from the time the animal is impounded for a hearing to determine whether there has been a violation of subsection (b) of section 4-37.
If after such hearing, the Providence Police Court finds that there has been a violation of subsection (b), it shall order the dog officer to hold the animal for fifteen (15) days. The animal may be reclaimed by the owner by paying the impoundment fees set forth herein.
(Ord. 1968, ch. 68-41, § 7, 6-6-68; Ord. 1980, ch. 80-43, § 1, 10-24-80)
Sec. 4-37.1. Maximum number of dogs allowed.
No owner or occupant of any dwelling house shall keep or permit to be kept more than three (3) dogs in any part of any dwelling house except if said owner or occupant complies with Section 4-13-10 of the Rhode Island General Laws, 1956, as amended.
(Ord. 1977, ch. 77-25, § 1, 6-8-77)
Sec. 4-37.2. Maximum number of felines allowed.
No owner or occupant of any dwelling house shall keep or permit to be kept more than three (3) felines in any part of any dwelling house, except if said owner or occupant complies with Section 4-13-10 of the Rhode Island General Laws, 1956, as amended.
(Ord. 1979, ch. 79-23, § 1, 5-22-79)
Sec. 4-38. Rabies control.
(a) Every animal which bites a person shall be promptly reported to the dog officer, and shall thereupon be securely quarantined at the direction of the dog officer for a period of fourteen (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 animal, 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 4-36 of this article.
(c) When rabies has been diagnosed in an animal under quarantine or rabies 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 pathological examination, and shall notify the proper public health officer of reports of human and animal 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 ninety (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 city without written permission of the dog officer.
During this quarantine period and as long afterward as he decides, it is necessary to prevent the spread of rabies, the dog officer shall require all dogs, six (6) 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 thirty (30) days after vaccination. During the quarantine period, the dog 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 city.
No dog which has been impounded by reason of its being a stray unclaimed by its owner, may be claimed during the period of the rabies emergency quarantine, except by special authorization of 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 an enclosure for six (6) months shall be enforced. If the dog has been previously vaccinated, within time limits established by the dog officer based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for thirty (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 (6) 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 the same from the city 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.
(Ord. 1968, ch. 68-41, § 8, 6-6-68)
Sec. 4-39. Reports of bite cases.
It shall be the duty of every physician, hospital or other medical practitioner, to report to 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.
(Ord. 1968, ch. 68-41, § 9, 6-6-68)
Sec. 4-40. Responsibilities of veterinarians.
It shall be the duty of every licensed veterinarian to report to the dog officer any animal known or considered by him to be a rabies suspect.
(Ord. 1968, ch. 68-41, § 10, 6-6-68)
Sec. 4-41. Exemptions from article provisions.
(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 city and kept within the city for not longer than thirty (30) days, provided all such dogs shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner or other competent person.
(Ord. 1968, ch. 68-41, § 11, 6-6-68)
Sec. 4-42. Vaccination prerequisite to permitting dog in city.
No dog over six (6) months shall be permitted within the city limits unless such dog shall have been vaccinated or immunized in the manner set forth in this article within a period of twelve (12) months, if such dog shall have been vaccinated or immunized with the one-year vaccine, or within a period of thirty-six (36) months, if such dog shall have been vaccinated or immunized by the three-year vaccine.
(Ord. 1968, ch. 68-41, § 12, 6-6-68)
Sec. 4-43. Vaccine to be approved; certification of inoculation or vaccination.
The vaccination or immunization referred to in section 4-42 of this article 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 dog officer or the veterinarian administering the same.
(Ord. 1968, ch. 68-41, § 13, 6-6-68)
Sec. 4-44. Certificate prerequisite to licensing dog.
No license shall be issued for any dog required to be licensed in the city unless the person making application therefor shall first present to the bureau of licenses of the city or other person duly authorized to issue such license a current certificate of vaccination or inoculation, as provided in this article 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.
(Ord. 1968, ch. 68-41, § 14, 6-6-68; ch. 70-21, § 1, 5-15-70)
Amendment note-- Ch. 70-21, § 1, amended § 4-44 by deleting subsection (b) providing for inoculation clinics twice a year.
Sec. 4-45. Immunization prerequisite to owning, keeping, harboring dog.
It shall be unlawful for any person to own, keep or harbor any dog over six (6) months old within the city, unless such dog shall have been vaccinated or inoculated in accordance with the provisions of this article.
(Ord. 1968, ch. 68-41, § 15, 6-6-68)
Sec. 4-46. Impounding, disposal of unvaccinated, uninoculated dog.
(a) Any dog over six (6) months old found within the limits of the city without evidence that such dog has been vaccinated or inoculated in accordance with the provisions of this article shall be impounded by the dog officer or other authorized person for a period not exceeding fifteen (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 4-36 hereof.
(b) At the expiration of the fifteen-day period above mentioned, any dog not so claimed by its owner shall be disposed of in accordance with section 4-35 hereof.
(Ord. 1968, ch. 68-41, § 16, 6-6-68)
Sec. 4-46.1. Vaccination and impoundment of at-large dogs.
(a) Definitions. As used in this section, the following terms shall have the meanings herein ascribed to them:
At-large: Any dog shall be deemed to be at large when he is off the property of his owner and not wearing a current, valid license and not under restraint. Dog is under restraint if he is leashed or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
Animal control officer: The person or persons employed by the City of Providence as its enforcement officer(s), including any police officer of the City of Providence.
Valid license: A license to be obtained in the office of the bureau of licenses or at the municipal dog pound in the city where the owner of said dog resides. Such license shall have a registered number assigned by the bureau of licenses or the dog pound and the name and address of the rightful owner of the dog. A valid license issued to a dog outside the municipality will be honored.
Rightful owner: Any person or persons acquiring a valid license for his dog.
(b) Impoundment and inoculation of at-large dogs required. Any at-large dog impounded by an animal control officer in the City of Providence and not wearing a current, valid license issued and traceable to the dog's rightful owner will be inoculated against distemper and rabies immediately upon impoundment, such inoculation to be administered by a licensed veterinarian.
(c) Liability of city agents. The animal control officer(s), the veterinarian providing his services for inoculating at-large dogs, the City of Providence, its agents and employees shall not be held liable for cost of said inoculations. The cost for said inoculations will be paid by the owner, once his identification is known, at the time of reclaiming or by the new owner at the time of the adoption of the dog. Also, the animal control officer(s), veterinarian, City of Providence, and its agents and employees shall not be held liable if any harm comes to the dog through inoculation.
(Ord. 1980, ch. 80-42, §§ 1--3, 10-24-80)
Editor's note: At the discretion of the editor, §§ 1--3 of Ch. 80-42, enacted Oct. 16, approved Oct. 24, 1980, have been included as § 4-46.1.
Sec. 4-47. Conditions declared nuisance; abatement required.
(a) The keeping or harboring of any dog, whether licensed or not, which by unreasonable and habitual howling, barking, or any other noise, disturbs a surrounding or adjacent neighbor or neighbors, is hereby declared to be a public nuisance. The said neighbor complaining about the dog nuisance must be willing to sign a complaint and testify in court as to the offending animal. The person or owner of the dog must be warned at least once by the dog officer or a representative of the police department or animal shelter. The dog officer shall investigate the complaint to such an extent so as to hear the animal in question barking and to show that the animal is a public nuisance and/or a bother to the peaceful inhabitants of the city, or the neighborhood. The dog officer, if he finds a nuisance exists shall serve written notice upon the owner or custodian of said animal to show that the animal is a public nuisance.
If after said offense has been noted and said offense, howling, barking, or any other noise which disturbs a neighbor is not abated, the owner shall be brought to municipal court and fined twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for the second offense and if a third offense exists, said dog shall be impounded.
(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 alleged in writing by three (3) or more persons having separate residences, or regularly employed in the neighborhood that any animal is a nuisance by reason of barking, howling, yelping or other noise, trespassing, causing damage to property, or is vicious or in any 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 must be abated.
(c) If the nuisance [as specified in subsection (b)] is not abated, the dog officer may impound the animal, notify the owner to appear before the Providence Police [Municipal] Court for a hearing to determine if there has been a violation of section 4-47. Each day shall constitute a separate offense.
(Ord. 1968, ch. 68-41, § 17, 6-6-68; Ord. 1983, ch. 83-66, § 1, 12-20-83)
Sec. 4-48. Filing complaints under article.
All complaints made under the provisions of this article shall be made to the dog officer or the police department, and may be made orally; provided however, that such complaint is within forty-eight (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.
(Ord. 1968, ch. 68-41, § 18, 6-6-68)
Sec. 4-49. Right of dog officer to enter premises, examine and seize dog.
In the discharge of the duties imposed by this article, the dog officer of this city 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 for cause set forth herein.
(Ord. 1968, ch. 68-41, § 19, 6-6-68)
Sec. 4-49.1. Dog officer authorized to serve summonses.
The dog officer and his duly qualified agents shall hereby have the authority to serve summonses and/or citations for appearance before the municipal court of Providence for violation of those sections of the Providence Code of Ordinances pertaining to dogs; to wit: Chapter 4 entitled "Animals and Fowl."
(Ord. 1977, ch. 77-26, § 1, 6-8-77)
Sec. 4-50. Interference with dog officer, police, unauthorized release of impounded animal.
No person shall interfere with, hinder or molest the dog officer of this city in the performance of his duties, or seek to release any animal in the custody of the dog officer or any police officer, except as herein provided.
(Ord. 1968, ch. 68-41, § 20, 6-6-68)
Sec. 4-51. Records to be kept by dog officer.
(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 his 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.
(c) It shall be the duty of the dog officer to keep or cause to be kept, accurate and detailed records of all monies belonging to the City of Providence, which records shall be open to inspection at all times by authorized personnel of the City of Providence and shall be audited by the City of Providence annually in the same manner as other city records are audited.
(Ord. 1968, ch. 68-41, § 21, 6-6-68)
Sec. 4-52. Penalty for violation of article.
Any person convicted of violating any provision of this article other than sections 4-53, 4-54 and 4-55 shall be punished by the payment of a fine consisting of fifteen dollars ($15.00) for a first offense, twenty-five dollars ($25.00) for a second offense, and fifty dollars ($50.00) for a third (and any succeeding) violation, said fines to be recovered for the use of the city. If such violation be continued, each day's violation may constitute a separate offense.
(Ord. 1968, ch. 68-41, § 22, 6-6-68; Ord. 1972, ch. 72-65, § 5, 12-28-72; Ord. 1973, ch. 73-40, § 5, 9-7-73; Ord. 1989, ch. 89-5, § 1, 4-24-89)
Sec. 4-53. Control of vicious dogs.
All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper of any mischievous or vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the city limits, without being properly leashed and muzzled.
(Ord. 1980, ch. 80-43, § 1, 10-24-80; Ord. 1989, ch. 89-8, § 1, 4-24-89)
Sec. 4-54. Registration of certain breeds of dogs required.
Any person having the custody, ownership or control of any American pit bull dog, pit bull terrier dog, or Staffordshire terrier dog must register said dog with the city on a form to be provided by the city. Said form shall require the following information: Name, address and telephone number of the dog's owner; the address where said dog is harbored, if different from owner's address; dog's sex, color, Providence County rabies certificate and tag number and other distinguishing physical characteristics of the dog, as well as proof of public liability insurance of not less than twenty-five thousand dollars ($25,000.00) for such registration. The fee for registration shall be twenty dollars ($20.00).
(Ord. 1980, ch. 80-43, § 2, 10-24-80)
Sec. 4-55. Owners responsible for damage done by their dogs.
In accordance with the General Laws of the State of Rhode Island, 1956, as amended, owners of dogs shall be liable for any damage done by their dogs to any domestic animal or livestock or persons. Additionally, the owners of any dog which shall bite any person while such person is on or in a private place, including the property of the owner, shall be liable for such damages as may be suffered by persons bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
A person is lawfully upon private property of such owner within the meaning of this section when he or she is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied, of the owner thereof; or when he or she is on such property in the performance of a duty relative to public safety, which shall include policemen, firemen, or other authorized members of boards or agencies of city government; provided, however, no owner of any dog shall be liable for any damages to any person or his property when such person shall mischievously or carelessly provoke or aggravate the dog inflicting such damage; nor shall any such owner be so liable if at the time of any such injury he had displayed in a prominent place on his premises a sign easily readable including the words "Bad Dog," "Beware of Dog" or some other language which shall give sufficient warning to any individual.
(Ord. 1980, ch. 80-43, § 2, 10-24-80)
Sec. 4-56. Penalty for violation of sections 4-53 through 4-55.
Any person convicted of violating the provisions set forth in sections 4-53, 4-54 and 4-55 shall be punished by a fine as specified by the General Laws of the State of Rhode Island, Section 4-13.1-9, inclusive. Each day any violation of said section shall continue, shall constitute a separate offense.
(Ord. 1980, ch. 80-43, § 3, 10-24-80; Ord. 1989, ch. 89-9, § 1, 4-24-89)
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