| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING APRIL 15, 2008 | |
The City Council meets in the Council Chambers on Tuesday, April 15, 2008 and Mayor Isadore S. Ramos calls the meeting to order at 7:32 P.M.
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman DiTraglia.
| Present: | Mayor Isadore S. Ramos | | |
| | Robert E. Cusack | ) | Council Members |
| | Bruce DiTraglia | ) | |
| | Valerie A. Perry | ) | |
| | Bryan P. Silva | ) | |
| | | | |
| | Richard M. Brown | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Virginia B. Nunes | ) | City Clerk |
CONSENT CALENDAR
APPROVAL OF COUNCIL JOURNALS
March 5, 2008 - Regular Meeting
March 18, 2008 - Regular Meeting
March 25, 2008 - Special Meeting
NEW BUSINESS
A. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley presents Claims Report from April 15, 2008:
| Lewis Reynolds Claim No. 08-015 | Approve the claim in the amount of $2121.94. |
| Faith Sands Claim No. 08-016 | Refer to the Law Department. |
| Diana Villafane Claim No. 08-014 | Refer to the School Department. |
Miscellaneous:
Tristam Burgess School Property Purchase and Sales Agreement has not been executed. Received as information.
Litigation:
Attorney General of the State of RI VS the RI Department of Environmental Management
Received as Information.
Mr. Conley reports that the Claims committee was recessed and will reconvene at the conclusion of this regular meeting.
Motion to accept the Claims Committee report as presented was made by Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, and unanimously approved.
Mayor Ramos asks for full consent of the Council and receives it for Mr. Brown to speak.
Mr. Brown reports that he has been meeting with officials from the Governmental Health Group of RI (GHGRI), a nonprofit insurance co-op. He says the working rates will be comparable to what we are paying for existing premiums at this time and continued savings of 10% and would take effect in July. He says that the coverage would be the same as the current plan, but this is a self-funded plan rather than indemnities plan, and there may be some things that make it easier for City employees to use.
Councilman Cusack states his concerns and says he would like to see numbers. He says he would like a consultant look into this, someone who is an insurance expert. He goes on to say that he will abstain from the vote, because he does not know enough.
Mr. Brown states that this needs to be done immediately to start July 1. He says that he understands the concerns of Councilman Cusack, and that is why he and the Director of Finance are recommending this particular co-op.
On motion of Councilman DiTraglia, seconded by Councilwoman Perry and on a roll-call vote is taken on the motion:
| Councilman Cusack | Abstain |
| Councilman DiTraglia | Aye |
| Councilwoman Perry | Aye |
| Councilman Silva | Aye |
| Mayor Ramos | Aye |
The motion is passed on a 4-0 vote, with one abstention.
RESOLUTIONS
RESOLUTION IN SUPPORT OF TORT REFORM FOR MUNICIPALITIES
WHEREAS, the City of East Providence is a member of the Rhode Island Interlocal Risk Management Trust; and
WHEREAS, the Rhode Island Interlocal Risk Management Trust is functioning as a resource in the development of an independent, broad-based public sector coalition that will work to promote amendments to current tort legislation in order to lessen government liability; and
WHEREAS, the Rhode Island Interlocal Risk Management Trust has identified the following key areas for reform:
Making meaningful the so-called “Tort Cap” by eliminating the loophole that excludes governmental employees and officials from its protection.
Preventing governmental officials and employees from being sued in their personal individual capacity for actions they took in their official capacity.
Changing the manner in which joint and several liability is triggered so that 1% liability does not translate into 100% responsibility for damages.
Reducing the 12% statutory interest rate and changing the way it is calculated on court awards to eliminate the incentive that prolongs litigation and discourages prompt settlement.
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council supports the legislation which would implement the reforms identified in this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of East Providence requests the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lt. Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and the Senators and Representatives of the City of East Providence.
Councilwoman Perry asks for an explanation by the City Solicitor.
Mr. Conley states at the request of the City Manager working hand in hand with the Rhode Island Interlocal Risk Management Trust the Trust has been an advocate for some statutory changes for quite some time. There’s a Tort Cap on damages however it’s been interpreted by the Courts to exclude governmental employees and officials from its protection.
On motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on May 6, 2008 for a public hearing and consideration of final passage).
The following is an ordinance amendment regarding Emergency Medical Services billing.
AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”
SECTION I. Sec. 5-9 entitled “Charges for emergency medical services—Authorization” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:
Sec. 5-9. Charges for emergency medical services--Authorization.
(a) Each person receiving emergency medical services in the City of East Providence shall be billed for the following services in an amount to be recommended by the Fire Chief and/or EMS Director, based on the Medicare allowable fee schedule, and approved by the City Council.
(1) Advanced Life Support “ALS 1”
(2) Advanced Life Support “ALS 2”
(2 3) Base Life Support “BLS”
(3 4) Cardiac Monitoring
(4 5) Defibrillation
(5 6) Airways
(6 7) I.V.
(7 8) CPR
(8 9) Oxygen
(9 10) Mileage ALS
(10 11) Mileage BLS
(11 12) Cervical Collar Immobilizer
(12 13) Blood Gases by Oximetry
(13 14) Blood Drawing
(14 15) Medication Administration
(b) The City of East Providence may either perform the billing task or contract for the services.
(c) The Chief of the Fire Department shall make all rules, regulations and policies relative to the implementation of the administration of the billing procedure subject to the approval of the City Council.
(Requested by: Fire Chief)
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman DiTraglia, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
The following is an ordinance amendment regarding Revisions made to comply with State law.
AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS.”
SECTION I. Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:
Chapter 3 ANIMALS*
* Cross References: Health and sanitation, ch. 7; rodent control, § 7-26 et seq.; protection of bird feed from rodents, § 7-32; protection of animal feed from rodents, § 7-33; animals on sidewalks, § 14-38.
State Law References: Animals generally, G.L. 1956, Tit. 4; maximum penalty for violation of dog ordinance, G.L. 1956, § 4-13-1; cruelty to animals, G.L. 1956, § 4-1-1 et seq.; poisoning animals, G.L. 1956, § 4-13-13; power of council to regulate dogs, G.L. 1956, § 4-13-1; town ordinances, contagious diseases, G.L. 1956, § 4-4-18; municipal regulation of animals, G.L. 1956, § 23-19.2-1; animals at large, G.L. 1956, § 4-15-1 et seq.; estrays, G.L. 1956, § 4-16-1 et seq.; local regulation of cattle, G.L. 1956, § 23-19.2-9.
Article I. In General
Sec. 3-1. Definitions.
Sec. 3-2. Keeping animals, fowl, generally.
Sec. 3-3. Running at large.
Sec. 3-4. Entry upon posted land.
Sec. 3-5. Keeping rabbits, hares or pigeons.
Sec. 3-6. Bee keeping.
Sec. 3-7. Impounding, reclaiming, destroying of animals.
Sec. 3-8. Impoundment fees.
Sec. 3-9. Certain dogs and other animals to be confined; keeping of wild animals.
Sec. 3-10. Nuisance abatement.
Sec. 3-11. Complaint procedure.
Sec. 3-12. Enforcement of chapter.
Sec. 3-13. Right of entry of officers.
Sec. 3-14. Interference with officer prohibited.
Sec. 3-15. Records of animal control officer.
Sec. 3-16. Penalty.
Sec. 3-17. Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.
Sec. 3-18. Forfeited deposits.
Sec. 3-19. Penalties for violations.
Sec. 3-20. Violation of persons feeding waterfowl.
Sec. 3-21. Euthanization by lethal injection only.
Sec. 3-22. Animal shelter.
Sec. 3-23. Giving false information – filing false report.
Sec. 3-24. Minimum care of animals.
Sec. 3-25. Penalties for violations.
Sec. 3-26. Dispositions of animals.
Sec. 3-27. Keeping of potentially dangerous species.
Sec. 3-28. Owner turn-in fees and policies; deceased animal fees.
Secs. 3-29.--3-30. Reserved.
Article II. Dogs
Sec. 3-31. To be restrained at all times.
Sec. 3-32. Impoundment.
Sec. 3-33. Redemption of impounded dogs.
Sec. 3-34. Presence on school or store property prohibited; exceptions; limitation on number to be kept.
Sec. 3-35. Dog license; fees; penalty
Sec. 3-36. Registration of aggressive and vicious dogs required.
Sec. 3-37. Age and fee.
Sec. 3-38. Acquisition or training of dangerous dogs prohibited.
Sec. 3-39. Hearing to determine if dog is aggressive vicious or violation occurred.
Sec. 3-40. Penalties.
Sec. 3-41. Sheltering, tethering, and nourishment of dogs.
Secs. 3-42--3-50. Reserved.
Article III. Rabies Control
Sec. 3-51. Quarantine procedure.
Sec. 3-52. Reports of bite cases.
Sec. 3-53. Veterinarians to report rabies suspects.
Sec. 3-54. Vaccination required for dogs over six months old.
Sec. 3-55. Use of approved vaccine; certification generally.
Sec. 3-56. Certification prerequisite to license.
Sec. 3-57. Unvaccinated dogs--Owning, keeping, harboring prohibited.
Sec. 3-58. Impoundment of unvaccinated dogs.
Sec. 3-59. Exemptions.
Article IV. Spay and Neuter Program
Sec. 3-60. Findings, purpose and intent.
Sec. 3-61. Spaying/neutering.
Sec. 3-62. Breeding permits.
Sec. 3-63. Sale or adoption of cats.
Sec. 3-64. Revocation of permit.
Sec. 3-65. Penalty for violation.
Sec. 3-66. Responsibility for enforcement.
Sec. 3-67. Transition.
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:
Adequate food means the provision at suitable intervals, not to exceed twenty-four (24) hours, a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish, or container.
Adequate shelter means access a structure that is the proper size for the dog, impervious to moisture, has protection from the direct rays of the sun, and has a wind break at the entrance. This includes but is not limited to a dog house, barn, garage, shed or other structure sufficient to protect the animal from wind, rain, snow, or sun that has adequate bedding to protect against cold and dampness.
Adequate water means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four (24) hours at any interval.
Aggressive dog means any dog that, when unprovoked, inflicts bites or attacks a human being or other animal either on public or private property, or in an aggressive or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places; 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; any dog which attacks a human being or domestic animal without provocation; any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting and/or any dog not licensed according to city ordinance. (1) Any dog which makes (or poses) a threat of harmful behavior directed at a person or domestic animal. This includes, but is not limited to, such behavior as snarling, growling, snapping, nipping biting, and lunging. (2) Any dog which is deemed to be a potential threat to public safety, due to aggressive behavior observed by the Animal Control Officer.
Ambient temperature means the temperature surrounding the animal.
Animal control officer means the person employed by the city as its enforcement officer, including any police officer of the city.
Animal shelter means 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 chapter.
At large means any dog or other animal off the property of his owner and not under the control of a competent person.
Common Property or Common Area means (1) real property owned by “tenants in common”, who each have an “undivided interest” in the entire property. (2) property managed by a homeowners association in a condominium project or a subdivision development, which all owners may use and each owns a percentage interest. (3) lands owned by the government for public (common) use, like parks and national forests. (4) any area where access is permitted and/or necessary by more than one resident of a property, or an area of shared property… i.e. a single yard at a two family house, or the grounds of a housing or condominium complex, or a hallway of an apartment building.
Collared means the wearing around the neck of a collar with a dog license attached and a valid rabies tag attached and/or a separate tag with the name of the owner or keeper distinctly impressed thereon.
Dog Pound means 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 chapter. The terms Pound, Animal Pound, Animal Control Center will have the same meaning as Dog Pound; these terms may be used interchangeably.
Enclosure means a fence or structure of at least six feet in height, forming or causing and enclosure suitable to prevent the entry of young children and suitable to confine an aggressive or vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the aggressive or vicious dog. Such enclosure shall be securely enclosed and locked. and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
Exposed to rabies means any dog that has been bitten by or been exposed to any animal known to have been inflicted with rabies shall be defined by the current legal guidelines set forth by the Rhode Island Rabies Management Protocol.
Guardian shall mean a person(s) having the same rights and responsibilities of an owner, and both terms shall be used interchangeably. A guardian shall also mean a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal’s safety and well-being.
Kennel means any person engaged in the commercial business of breeding, buying, selling or boarding dogs.
Leashed means a dog has a cord or chain, no longer than six (6) feet in length, attached to its collar or harness and is held in the hand by the owner or a competent person leading such dog.
Minimum care means care sufficient to preserve the health and well-being of an animal and, except for emergency circumstances beyond the reasonable control of the owner and/or guardian, includes, but is not limited to the requirements set forth in §3-24.
Minimum veterinary care means veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease.
Owner means any person owning, keeping or harboring a dog or other animal. (1) any person who keeps, has permanent custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for an animal or permits an animal to habitually remain on or be lodged or fed within such person’s property or premises, and (2) any person who refuses to permit any animal control officer to impound such animal shall be deemed as evidence of ownership unless ownership of the animal by another party is established.
Restraint means when a dog is leashed, carried or at heel beside a competent person and is obedient to that person's commands or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
Spayed female means any female dog which has been operated upon to prevent conception.
(Rev. Ords. 1987, § 3-1; Ch. 171, § I, 9-17-01)
Tether means a rope to chain or otherwise halter a dog allowing in a reasonable range in which to move.
Veterinarian means a person licensed to engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an accredited veterinary medical, surgical, and dental school or college of a standard recognized by the Rhode Island veterinary medical association.
Vicious dog means (1) any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, common property or common area, or any public grounds or places, or which has been determined to be vicious according to §4-13.1-11. (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, or which has been determined to be vicious according to §4-13.1-11. (3) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private or common property or which has been determined to be vicious according to §4-13.1-11. (4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Cross References: Definitions generally, §4-1-2; §4-13.1; §4-19.
Sec. 3-2. Keeping animals, fowl, generally.
No owner or occupant of any dwelling shall keep or permit to be kept any sheep, hogs, goats, cattle, horses, fowl, geese or ducks in any dwelling house, cellar or garage, nor shall any person have any such animals kept within the city, except under such special conditions as may be prescribed by the animal control officer.
(Rev. Ords. 1987, § 3-2; Ch. 389, § I, 5-16-06)
It shall be unlawful for any horses, goats, hogs or cattle of any kind or for any geese, turkeys, hens, ducks or domestic fowl of any kind to go at large within the city.
(Rev. Ords. 1987, § 3-3)
Sec. 3-4. Entry upon posted land.
No person having charge or custody of any sheep, goats, cattle, horses, swine or fowl shall wilfully suffer or permit them to enter, pass over or remain on any orchard, garden, mowing land or other improved or enclosed land of another after being forbidden in writing or by notice posted thereon by the owner or occupant thereof or by the authorized agent of such owner or occupant.
(Rev. Ords. 1987, § 3-4)
State Law References: Damage by animals generally, G.L. 1956, §§ 4-14-1--4-14-19.
Sec. 3-5. Keeping rabbits, hares or pigeons.
(a) No person shall keep, maintain, cause or permit to be kept or maintained more than three live rabbits or hares upon any lot, parcel or premises within the city.
(b) No person shall keep, maintain, cause or permit to be kept or maintained pigeons upon any lot, parcel or premises within the city which create a nuisance.
(1) A nuisance shall exist whenever it shall be affirmed in writing by one or more persons having separate residences or who are regularly employed in the neighborhood that the pigeons are a nuisance by reason of defecating on their property, cooing, or in any other manner causing undue annoyances.
(2) The animal control officer is empowered, if he finds such nuisance to exist, to serve verbal or written notice upon the owner or custodian that such nuisance must be abated.
(a) Should the nuisance continue unabated beyond a reasonable amount of time, set forth by the animal control officer, the owner of said animal may be punished by payment of the fines as set forth by Section 3-10(b).
(c) The owner of any such animal convicted of violating this provision may be punished by payment of the fines as set forth by Section 3-10(b). Each additional animal shall constitute a separate offense.
(Rev. Ords. 1987, § 3-5)
No person shall keep any bees in or upon any premises, except as follows:
(1) Within an educational institution for the purpose of study or observation;
(2) Within a physician's office or laboratory for medical research or treatment or for scientific purposes.
(Rev. Ords. 1987, § 3-6)
Sec. 3-7. Impounding, reclaiming, destroying of animals.
(a) Any animal 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.
(b) Any animal other than a dog impounded under the provisions of this chapter may be reclaimed by the owner upon the payment of impoundment fees, unless the animal in question is one deemed to be unlawful to be kept, in which case the owner will have no claim to said animal, and the animal may be disposed of according to law. Owner shall be liable for all pound fees and costs associated with the impounding and disposition of said animal(s).
(c) Any animal other than a dog impounded under the provisions of this chapter and not reclaimed by its owner within five days may be humanely destroyed by the animal control officer, have its title transferred to the Society for the Prevention of Cruelty to Animals as provided for in section 3-32 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 city, 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.
(Rev. Ords. 1987, § 3-7)
Any animal impounded under the provisions of this chapter may be reclaimed upon payment by the owner to the clerk, or animal control officer, at the animal control center the sum of $20.00 and the additional sum of $5.00 for each day such animal is kept. The owner shall be responsible for impoundment fees and any other additional fees incurred by the City; such payment such additional sums as provided in this chapter for keeping animals shall be collected by the clerk or animal control officer at the animal control center. Any owner who refuses to pay or is unable to pay these fees and/or costs shall be given a court summons with the total amount owed for assessment and review by municipal court.
(Rev. Ords. 1987, § 3-8; Ch. 389, § II, 5-16-06)
Sec. 3-9. Certain dogs and other animals to be confined; keeping of wild animals.
(a) The owner of every fierce, dangerous, aggressive, or vicious dog or other animal shall confine such animal within a building or secure enclosure and not take it out of such building or secure enclosure except as provided in G.L. 1956, § 4-13.1-4.
(b) 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 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 subsections (a) and (b) of this section found at large shall be impounded by the animal control officer and may not be reclaimed by the owner, keeper or person having charge or custody of the animal until payment to the city treasurer clerk, or animal control officer, at the animal control center has been made as provided in section 3-8. Any dog or other animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in section 3-32, but such animal may not be reclaimed when so impounded on the second or subsequent occasions, unless such reclamation is authorized by a court having jurisdiction in the matter, provided that when in the judgment of the animal control officer or any police officer in the city an animal should be destroyed for humane reasons, such animal may not be reclaimed.
(d) No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the animal control officer, provided that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the animal control officer. Any wild animal that escapes and is found at large may be destroyed by the animal control officer or any police officer of the city.
(e) Any owner, custodian or person harboring any fierce, dangerous or vicious animal that shall bite or otherwise inflict any injury on any person shall be subject to a fine of $125.00 for the first offense, a fine of $150.00 and ten days in jail for the second offense, and a fine of $175.00 and 30 days in jail for the third and any subsequent offense.
(Rev. Ords. 1987, § 3-9; Ch. 264, § I, 8-19-03)
Sec. 3-10. Nuisance abatement.
(a) The keeping or harboring of any dog, other animal or fowl, whether licensed or not, which by howling, yelping, barking or other noise disturbs or annoys a surrounding neighbor is unlawful and is hereby declared to be a public nuisance; and each day shall constitute a separate offense.
(b) It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value. The trespassing of any animal on private or public property is hereby declared to be a nuisance. The owner of any such animal convicted of violating this provision may be punished by payment of the following fine:
(1) 1st offense $50.00
(2) 2nd offense $75.00
(3) Upon the 3rd offense, the owner must pay a $100.00 fine and such animal may be impounded by the animal control officer.
(c) Reserved.
(d) Whenever it shall be affirmed in writing by one or more persons having separate residences or who are regularly employed in the neighborhood that any animal is a nuisance by reason of trespassing, howling, barking or other noise, damaging 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 verbal or written notice upon the owner or custodian that such nuisance must be abated.
(e) It shall be unlawful to allow or permit any animal to deposit feces on private or public property other than the property of the animal owner without immediately removing same. Any person that shall allow or permit any animal to deposit feces, without immediately removing same, on private or public property shall be punished by a fine of not less than $50.00 for the first offense; not less than $75.00 for the second offense; and not less than $125.00 for the third and subsequent offense.
(1) Means of removal. The owner or custodian must carry on their person some means of feces removal when walking a dog off of the owner’s property or on common property, whether it be a “pooper-scooper,” plastic bag, latex or other type of glove, etc. Failure to carry means of removal will be considered the same as violating 3-10(e) and penalties will be pursuant to 3-10(e).
(2) Enforcement. Any resident who witnesses a violation of the above section on his/her property or on a public sidewalk adjacent to his/her property may file a complaint with East Providence Animal Control, providing all information necessary for a warning or citation to issue to the violator and promising to be available to testify in court should the complaint result in a citation being issued. The violator may receive a warning upon the first complaint. Upon the filing of a second or subsequent complaint against the same violator, a citation shall be issued, service of which shall be deemed sufficient if mailed to the last known address of the violator. For the purposes of penalties, it shall be deemed a first offense when the first citation was issued.
(a) Failure to appear. Should any witness to a violation in this chapter who makes promise to testify in court for citation to be issued, who does not appear in court for the court date issued, in addition to any other penalties for failure to appear, shall be punished by a fine of $50.00
(f) It shall be unlawful to allow or permit any animal upon those areas of public parks designated as sport playing fields.
(Rev. Ords. 1987, § 3-10; Ch. 110, §§ I, II, 1-26-00; Ch. 264, § II, 8-19-03; Ch. 352, §§ I, II, 9-6-05; Ch. 358, § I, 9-20-05)
Sec. 3-11. 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 reduced to writing on forms provided by the animal control officer and signed by the complainant showing his address and telephone number, if any, within 48 hours.
(Rev. Ords. 1987, § 3-11)
Sec. 3-12. Enforcement of chapter.
The provisions of this chapter shall be enforced by the animal control officer, who will, after appointment, become a special police officer of the city, and by any police officer of the city.
(Rev. Ords. 1987, § 3-12; Ch. 389, § III, 5-16-06)
Sec. 3-13. Right of entry of officers.
In the discharge of the duties imposed by this chapter, the animal control officer or any police officer of the city shall have the authority at all reasonable times to enter upon any premises to examine a dog or other animal that is allegedly in violation of a provision of this chapter. Such authority shall not include the right to enter any residence on the premises. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises.
(Rev. Ords. 1987, § 3-13)
Sec. 3-14. Interference with officer prohibited.
No person shall interfere with, hinder or molest the animal control officer or any police officer of the city 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 provided in this chapter nor shall any person refuse to surrender an animal for quarantine. Any person who so interferes with, hinders, or molests any officer of the city or refuses to release a dog from quarantine shall be punished by a fine of two hundred dollars ($200).
(Rev. Ords. 1987, § 3-14)
Sec. 3-15. Records of animal control officer.
(a) It shall be the duty of the animal control officer to keep or cause to be kept, in an accurate and detailed manner, the following records:
(1) The impoundment and disposition of all animals coming into his custody;
(2) All bite cases reported to him and his investigation of these cases;
(3) All impoundment and keeping fees received by the city.
(b) Such records shall be open to inspection at reasonable times by such persons responsible for similar records of the city and shall be audited by the city annually in the same manner as other city records are audited.
(Rev. Ords. 1987, § 3-15)
(a) Except as otherwise provided in this chapter any person convicted of violating any provision of this chapter may be punished by payment of the following fine:
| (1) | Allowing dog to run at large or harboring a dog which is a nuisance: | |
| a. | First offense --------------------------------------------------- | $30.00 |
| b. | Second offense within a year ------------------------------- | $60.00 |
| c. | Third offence within a year --------------------------------- | $120.00 |
| d. | Fourth offence within a year -------------------------------- | $300.00 |
| (2) | Harboring an unlicensed dog: |
|
| a. | First offense --------------------------------------------------- | $50.00 |
| b. | Second offense ------------------------ | $200.00 & microchip of dog |
| c. | Third offense -------------------------- | $500.00 & microchip of dog |
| | {State law reference R.I.G.L. §4-13.1-9(4)(d)(2)} | |
| (3) | Allowing a dog on school property ----------------------------- | $25.00 |
|
|
|
|
(b) The fine can be paid by mail within seven days to the clerk of the municipal court, or if not paid within a seven-day period, a court summons is to be issued in the municipal court.
(Rev. Ords. 1987, § 3-16; Ch. 264, § III, 8-19-03)
Sec. 3-17. Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.
(a) (1) No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered within 30 days of the adoption date or within 30 days from the date that the dog or cat reaches sexual maturity, with the cost of the spaying or neutering to be the responsibility of the adopting party.
(2) The written agreement must include the dog or cat's age, sex, and general description; the date of adoption and the date by which the dog or cat must be spayed or neutered; the adopting party's name, address, phone number, and signature; the licensed releasing agency's name, address, phone number, and the dollar amount of the deposit remitted.
(3) There shall be a spay/neuter program at the city animal shelter for animals, which program shall be adopted by the animal control officer with the approval of the city manager. There shall be an adoption fee for animals adopted from the city animal shelter set by the animal control officer subject to the approval of the city manager.
(4) Alternatively, the licensed releasing agency shall make appropriate arrangements for the spaying or neutering of the dog or cat by a licensed veterinarian and have the surgery completed before releasing the dog or cat to the adopting party.
(b) The following are exemptions from the provisions of subsection (a):
(1) a. A licensed releasing agency returns a stray dog or cat to its owner.
b. A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.
c. A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian's report.
d. A licensed releasing agency transfers a dog or cat to another licensed releasing agency.
(2) The exemptions provided in subsections (1)b. and (1)c. above are only applicable if the licensed releasing agency receives a written report from a licensed veterinarian within the 30-day period during which the spaying or neutering would otherwise be required, or in the case of a report contemplated by subsection (1)b., the report may be provided to the licensed releasing agency during any temporary extension period provided by subdivision (1)c. if the health condition of the dog or cat has changed.
(c) If requested to do so, a licensed releasing agency shall refund deposited funds to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the expiration of the period during which the spaying or neutering was required to be completed.
(d) Any and all licensed releasing agencies:
(1) May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and
(2) Shall make a good faith effort to cause an adopting party to comply with this section.
(Ch. 257, § I, 7-15-03; Ch. 353, § I, 9-6-05)
Sec. 3-18. Forfeited deposits.
Deposits required by section 3-17 which are unclaimed after 60 days from the date of adoption or 60 days from when the dog or cat reaches sexual maturity, whichever is later, will be forfeited by the adopting party and retained by the licensed releasing agency and shall be used for the following purposes:
(1) A public education program to prevent overpopulation in dogs and cats;
(2) A program to spay and neuter dogs and cats that are available for adoption by the licensed releasing agency;
(3) A follow-up program to assure that dogs and cats adopted from the licensed releasing agency are spayed or neutered; and
(4) To defray additional costs incurred by the licensed releasing agency in complying with section 3-17.
(Ch. 257, § I, 7-15-03)
Sec. 3-19. Penalties for violations.
(a) Violations of the provisions of section 3-17 or the written agreement executed pursuant to section 3-17 by an adopting party are punishable by a fine of $50.00 for the first offense, $150.00 for the second offense and $400.00 for the third and subsequent offenses. Each and every incidence of non-compliance by an adopting party which continues unremedied for 30 days after written notice of a violation under this section constitutes a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the licensed releasing agency from which it was adopted, which licensed releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the licensed releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of section 3-17 and section 3-19 will be enforced against an adopting party by a city dog officer or a police officer and prosecution shall be before the municipal court.
(b) Violations of section 3-17 or section 3-18 by a licensed releasing agency are punishable by a fine of $100.00 for the first offense, $250.00 for the second offense and $500.00 for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the licensed releasing agency's license to operate.
(c) All fines collected under subsection (a) will be remitted to the city clerk. These fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) will be remitted to the general treasurer and placed in a separate fund within the general fund to be called the "animal health fund" which shall be administered by the general treasurer in the same manner as the general fund. All funds deposited in the "animal health fund" shall be made available to the department of environmental management division of agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement of G.L. 1956 §§ 4-19-16, 4-19-17 and 4-19-18.
(Ch. 257, § I, 7-15-03)
Sec. 3-20. Violation of persons feeding waterfowl.
(a) No persons shall deposit, place, distribute, or leave any food items of any kind or nature on public property or property subject to the city right-of-way, or property subject to easement or other agreement giving the city control or use of the property, save and except in a receptacle provided by the city for that purpose.
(b) No person shall feed any animal, including but not limited to, birds or waterfowl, on public property, or property subject to the city right-of-way, or property subject to easement or other agreement giving the city control or use of the property.
(c) Any person who shall violate or fail to comply with any provision of this section shall be punished by a fine of not more than ten dollars.
(Ch. 294, § I, 12-16-03)
Editors Note: Ch. 294, § I, adopted Dec. 16, 2003, amended the Code with the addition of a new section 3-17. In
order to avoid duplication of section numbers, the provisions of said chapter have been included herein as section 3-20 at the discretion of the editor.
Sec. 3-21. Euthanization by lethal injection only.
Within the city, any domestic 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, domestic or wild, may be destroyed by use of a gas chamber. In an emergency situation where the animal will needlessly suffer, the Animal Control Officer (ACO), may at his discretion euthanize said animal by use of firearm.
(Ch. 334, § I, 2-15-05)
Sec. 3-22. Animal shelter pound.
The operation of the city animal shelter pound shall be under the supervision of the public works department. The public works department shall exercise such powers and duties as may be necessary to properly maintain and operate the animal shelter pound.
(Ch. 389, § IV, 5-16-06)
Sec. 3-23. Giving false information – filing false report.
Every person who shall knowingly make or cause to be made a false statement, either oral or written, with intent that it be relied upon by animal control, including information giving regarding animal ownership, shall be deemed guilty of obstructing or hindering an officer and shall be punished by a fine of two hundred dollars ($200).
Sec. 3-24 Minimum Care of Animals.
(a) An owner or guardian of any animal must provide daily proper nourishment and access to adequate water at a drinkable temperature, quality and quantity as required by the species, breed, size, and age of the said animal, which will allow and foster normal growth and maintenance of body weight.
(b) An owner or guardian of any animal must maintain a sanitary environment, which is dry and free of accumulated feces, and free of debris and garbage that may clutter the environment so as not to inhibit comfortable rest, normal posture and range of movement or pose a danger to or entangle an animal, this as set by the industry standard for the environmental health scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).
(c) An owner or guardian of any animal must maintain said animal’s health with minimum veterinary care, and a healthy physical condition as set by the industry standard for the body condition scale, and physical care scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).
Sec. 3-25 Penalties for violations.
Any animal control officer may issue the person(s) in violation of sections 3-24; 3-27; 3-41 a fine of one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) and seizure of animal for a second violation, and four hundred ($400.00) and the seizure of the animal for a third violation. Second and subsequent violations of §3-24 or §3-41 may be considered violation of RIGL 4-1-2.
Sec. 3-26 Disposition of animals.
Any animal seized in enforcement of sections 3-24, 3-25, or section 3-41 shall be impounded and, if the identity of owner is known by animal control, the animal control officer shall make every possible, reasonable effort to notify the owners of such animals so impounded and to inform the those owners of the conditions whereby they may regain custody of their animal. Animal(s) seized will then be held for a period of 10 days, at the owners expense, unless (i) a release is signed by owner or guardian relinquishing ownership of the animal to the City, (ii) the animal is euthanized for humane reasons or (iii), the owner remedies the problem for which the animal was seized, and the animal control officer sees it fit to return the animal to the owner upon payment of fees. Upon conclusion of the 10 day hold period, if the owner has not come forward, the animal may be humanely destroyed, have its title transferred to the RI S.P.C.A., or be placed in a suitable home or with a rescue group. The owner / guardian shall be accountable for all fines, fees, and costs to the City for the minimum care of the animal.
Sec. 3-27 Keeping of potentially dangerous species.
It shall be unlawful for any person to keep or permit to be kept any “potentially dangerous species,” defined as any exotic mammals, birds, reptiles, or amphibians, or non-game species which, in the opinion of the City of East Providence, is capable of inflicting serious or fatal injury or which has the potential to become an agricultural pest, or a menace to public health, or indigenous wildlife populations, including but not limited to the following:
| CLASS/ORDER | FAMILY |
| | |
| Primates | Cebidae --- New World Monkeys |
| | Cercophithecidae --- Old World Monkeys |
| | Baboons |
| | Pongidae --- Apes |
| | |
| Carnivora | Canidae --- Non-domestic dogs (or domestic/Non-domestic mixes |
| | Urisdae --- Bears |
| | Felidea --- Non-domestic cats |
| | |
| Saura (Venomous) | Helodermatidea --- Gila monsters |
| | Elapidae --- Coral snakes and cobras |
| | |
| Serpentes (Venomous) | Elapidae --- Coral snakes and cobras |
| | Viperidae --- Vipers |
| | Crotalidae --- Pit Vipers |
| | |
| Crocodilla | Alligatoridae --- Alligators & Caiman |
| | Crocodylidae --- Crocodiles |
| | Gavialidae --- Gavials |
| | |
| Psittaciformes | Myiopsitta spp. --- Monk (Quaker) |
| | Parakeets |
| | |
| Rodentia | Spermophilus spp. --- ground squirrels |
Sec. 3-28 Owner turn-in fees and policies; deceased animal disposal fees.
(a) Owners who turn in animals over 3 months of age must have a current Rabies Vaccination as mandated by the State of Rhode Island’s Compulsory Rabies Vaccination Law {§ 4-13-30}.
(b) Animals which have bitten a human or domestic animal must be quarantined for a period of 10 days or more.
The owner of the animal is responsible for the boarding and impoundment fees for the entire quarantine period (per R.I.G.L. 4-13-29). All fees for veterinary examination, decapitation for Rabies testing at the state laboratory are also at the owners expense (R.I.G.L. 4-13-29). Fee for rabies quarantine is $20.00 impoundment fee plus $5.00 per day, and also any additional costs to the City of East Providence.
(c) Proof of ownership and East Providence residency are required to turn in an animal.
(d) Turn-in fees and deceased animal disposal fees shall be set by the animal control officer subject to the approval of the city manager.
Secs. 3-29--3-30. Reserved
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* State Law References: Dogs, G.L. 1956, § 4-13-1 et seq.
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Sec. 3-31. To be restrained at all times.
The owner shall keep the dog under restraint at all times and shall not permit the dog to be at large or off the premises of the owner, unless under the control of a competent person and further restrained by a leash no longer than six (6) feet in length on city property, excluding therefrom city streets and sidewalks. Further, in the event that the dog is on a property with multiple residents (i.e. apartment, condominium, etc.) the owner shall so restrain the dog in all common areas, including but not limited to hallways, yards, and basements.
(Rev. Ords. 1987, § 3-31; Ch. 351, § I, 9-6-05)
State Law References: Authority to regulate dogs running at large, G.L. 1956, § 4-13-15.1.
Sec. 3-32. Impoundment.
(a) Any dog found running at large shall be taken up by the animal control officer and impounded in the shelter designated as the animal shelter. Such dogs shall be confined in the animal shelter in a humane manner for a period of not less than five days and may thereafter be disposed of in a humane manner if not claimed by the owners. Dogs not claimed by the owners after the expiration of five days may be disposed of at the discretion of the animal control officer, except as hereinafter provided for in the cases of certain dogs.
(b) The animal control officer may transfer title of any dog held at the animal shelter 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 animal control officer, such dogs need not be impounded, but such officer may cite the owners of such dogs to appear in court to answer to charges of violation of this article in accordance with §3-16.
(d) Immediately upon impounding dogs, the animal control officer shall make every possible, reasonable effort to notify the owners of such dogs so impounded and to inform those owners of the conditions whereby they may regain custody of their dogs.
(Rev. Ords. 1987, § 3-32)
State Law References: Authority to impound, G.L. 1956, § 4-13-15.1; penalties and requirements for vicious dogs, G.L. 1956, § 4-13.1-9.
Sec. 3-33. Redemption of impounded dogs.
(a) The owner of any impounded dog shall be entitled to regain possession of such dog, except as hereinafter provided for in the cases of certain dogs, upon the payment of impoundment fees and any additional costs to the city, (including, but not limited to, veterinarian bills, euthanasia, any other necessary treatment), and proof of ownership, license and an antirabies vaccination.
(b) Any dog impounded under the provisions of this chapter and not reclaimed by its owner within five days may be humanely destroyed by the animal control officer, have its title transferred to the Society for the Prevention of Cruelty to Animals as provided for in section 3-32 or be placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the city, provided that if the dog 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.
(Rev. Ords. 1987, § 3-33)
Sec. 3-34. Presence on school or store property prohibited; exceptions; limitation on number to be kept.
(a) No dogs shall be allowed in schoolyards or on school property, whether at large or under restraint, except Seeing-Eye dogs or handicapped-assistance dogs.
(b) No dogs shall be allowed in any stores or eating places within the city, whether at large or under restraint, except Seeing-Eye dogs or handicapped-assistance dogs.
(c) It shall be unlawful to keep more than three licensed dogs at the same residence, except by special permission of the animal control officer, provided that this provision shall not apply to licensed kennels or commercial locations keeping dogs for purposes of security.
(d) Every person who shall own or keep within the city more than three dogs, one or more of which are unlicensed, and who does not have a kennel license for the keeping of such dogs shall be liable to a penalty of $5.00 to be recovered for the use of the city in the manner prescribed by statute and $30.00 per dog in excess of three (3) 1st offense, $60.00 per dog in excess of three (3) 2nd offense, and $120.00 and impoundment of any dog in excess of three (3) 3rd and subsequent offense; each week of noncompliance of with this section shall constitute a separate offense; in addition, the owner or keeper shall surrender any dogs in excess of three in number to the animal control officer for destruction to be disposed of in a manner pursuant to state law at the discretion of the animal control officer.
(Rev. Ords. 1987, § 3-34; Ch. 389, § V, 5-16-06)
Sec. 3-35. Dog license; fees; penalty; senior citizen discount.
(a) Every owner or keeper of a dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, ten dollars. Additionally, there shall be a one dollar surcharge for each dog license issued by the municipality which shall be deposited in the city's spay/neuter account to fund low-cost spay/neuter programs. In addition, the municipality shall charge an additional fee of two dollar ($2.00) per license, that fee to be used exclusively by the city for the enforcement of laws pertaining to animals; for a total of $13.00 per dog license {R.I.G.L. 4-13.1-9(d)}; with the exception of senior citizens who shall, upon proof that they have attained the age of 65 years, pay the sum of five dollars ($5.00) for said license. All licenses issued shall be valid in every city or town during the then current year; provided that any person, who shall become the owner or keeper of a dog, shall cause such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid, and has provided proof that the dog has been spayed or neutered, or has a written report from a licensed veterinarian stating that the life of the dog would be jeopardized by the spay/neuter surgery and that this health condition is likely to be permanent.
(1) For any dog not spayed or neutered the fees above shall not apply. Any owner or keeper of a dog which is not spayed or neutered shall be required instead to get an Intact Dog License. Any owner or keeper of an intact dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, thirty dollars. Additionally, there shall be a one dollar surcharge for each dog license issued by the municipality which shall be deposited in the city's spay/neuter account to fund low-cost spay/neuter programs. In addition, the municipality shall charge an additional fee of two dollar ($2.00) per license, that fee to be used exclusively by the city for the enforcement of laws pertaining to animals; for a total of $33.00 per intact dog license; with the exception of senior citizens who shall, upon proof that they have attained the age of 65 years, pay the sum of fifteen dollars ($15.00) for said license. All licenses issued shall be valid in every city or town during the then current year; provided that any person, who shall become the owner or keeper of a dog, shall cause such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid.
(b) Every person, owner or keeper of a dog not licensed and/or not collared according to the provisions of this chapter, shall be fined ten dollars to be applied to the support of the city pursuant to §3-16, and that fine shall be in addition to all other lawful fees.
(Rev. Ords. 1987, § 3-35; Ch. 264, § IV, 8-19-03; Ch. 400, § I, 9-5-06)
State Law References: Dog licenses, G.L. 1956, § 4-13-4; § 4-24-9; § 4-13.1-9(d).
Sec. 3-36. Registration of aggressive and vicious dogs required.
(a) Any person having custody, ownership or control of an aggressive dog as defined in this article must register said dog with the city on a form provided by the city.
(b) Said form shall require the following information:
(1) Name, address and telephone number of the dog's owner;
(2) The address where said dog is harbored, if different from the owner's address; and
(3) Dog sex, color, rabies certificate, tag number and other distinguishing characteristics of the dog.
(c) No such dog shall be licensed for any licensing period commencing after October 1, 2001 unless the owner or keeper of such dog shall meet the following requirements set forth by the animal control officer.
(1) The owner or keeper shall present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000.00 valid for one year from the date of registration and said insurance has been fully paid for that time period covering any damage or injury which may be caused by such aggressive dog during the twelve-month period for which licensing is sought, which policy shall contain a provision requiring the city be named as additional insured for the sole purpose of the city clerk to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
(2) The owner or keeper shall have the licensing number assigned to such aggressive dog, or such other identification number as the city clerk shall determine, implanted by microchip upon such aggressive dog by a licensed veterinarian. Said number shall be noted on the city licensing files for such aggressive dog if it is different from the licensing number of such aggressive dog. The city clerk shall affix a two-letter prefix to the identification number in order to identify the city in which the dog was originally licensed.
(3) The owner or keeper shall sign a statement attesting that:
a. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the 12-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the aggressive dog prior to the expiration of such license;
b. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced and locked enclosure for the aggressive dog on the property where the aggressive dog will be kept or maintained;
c. The owner or keeper shall notify the licensing authority within 24 hours if an aggressive dog is on the loose, is unconfined, has attacked, bitten or injured (whether provoked or unprovoked) another animal or has attacked, bitten or injured (whether provoked or unprovoked) a human or has died or has been sold or given away. If the aggressive dog has been sold or given away, the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner or keeper; and
d. The owner or keeper shall not allow any aggressive dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the aggressive dog or to sell or give away the aggressive dog or to comply with the commands of the animal control officer with respect to the aggressive dog. In any event, the aggressive dog shall be 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.
(Ch. 171, § II, 9-17-01)
(d) Any person having custody, ownership or control of a vicious dog as defined in this article must register said dog with the city on a form provided by the city.
(e) Said form shall require the following information:
(1) Name, address and telephone number of the dog's owner;
(2) The address where said dog is harbored, if different from the owner's address; and
(3) Dog sex, color, rabies certificate, tag number and other distinguishing characteristics of the dog.
(f) No such dog shall be licensed for any licensing period commencing after October 1, 2001 unless the owner or keeper of such shall meet the requirements set forth by the animal control officer, and the restrictions implemented by the vicious dog hearing panel pursuant to R.I.G.L. § 4-13.1.
(a) Any person having custody over or control of any aggressive or vicious dog must be at least 18 years of age.
(b) The registration fee for said aggressive or vicious dog shall be $25.00 $50.00.
(Ch. 171, § II, 9-17-01)
Sec. 3-38. Acquisition or training of dangerous dogs prohibited.
No person shall own, train or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals when not provoked.
(Ch. 171, § II, 9-17-01)
Sec. 3-39. Hearing to determine if dog is aggressive vicious or violation occurred.
In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is aggressive vicious or that the conduct of the aggressive vicious dog or its owner or keeper constitutes a violation of the provisions of this article, the dog officer or law enforcement officer may seize and impound the dog pending a hearing as provided for herein in R.I.G.L. § 4-13.1 Regulation of vicious dogs. The owner or keeper of the dog is liable to the city for the costs and expenses incurred in keeping the dog. The chief of police or his or her designee or the animal control officer shall convene a hearing for the purpose of determining whether or not the dog or owner or keeper in question has violated the terms of this article. The chief of police or his or her designee or the animal control officer shall conduct or cause to be conducted an investigation and shall notify the owner or keeper of the dog that a hearing will be held at which time he or she may have the opportunity to present evidence. The hearing shall be held promptly within no less than five nor more than ten days after the service of notice upon the owner or keeper of the dog. The hearing shall be informal and shall be open to the public.
After hearing, the owner or keeper of the dog shall be notified in writing of the determination. An attack or assault by the animal may be punishable by destruction of the animal. If a determination is made that any other provisions of this article have been violated, then the owner or keeper shall be ordered to comply with any and all provisions of this article. A time schedule for compliance shall be established by the chief of police animal control supervisor, but in no case shall it be more than 30 days subsequent to the date of the determination. The determination by the chief of police animal control supervisor shall be decided upon a preponderance of the evidence.
(Ch. 171, § II, 9-17-01)
(a) In addition to any other lawful penalties, any person found in violation of sections 3-36, 3-37, 3-38 and 3-39 of this chapter shall be fined not exceeding $250.00.
(b) Second and subsequent violations of this article by the dog's owner or keeper or an attack or assault by the dog on another person may be punishable by the destruction of the dog at the dog owner’s expense, and a fine of $500.00.
(c) Any person found in violation of sections 3-36, 3-37, 3-38 and 3-39 may be prohibited from owning a dog and/or obtaining a license for a dog in the city.
(Ch. 171, § II, 9-17-01; Ch. 192, § I, 12-18-01)
Sec. 3-41 Sheltering, tethering, and nourishment of dogs.
(a) No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than 30 minutes without access to adequate shelter or adequate water for use by such dog.
(b) No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than thirty minutes (30) when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).
Penalties for violation of this section as set by §3-25
Secs. 3-42--3-50. Reserved.
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* Cross References: Health and sanitation, ch. 7.
State Law References: Rabies control, G.L. 1956, §§ 4-13-26--4-13-32.
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Sec. 3-51. Quarantine procedure.
(a) Every animal that bites a person shall be promptly reported to the animal control officer. Such animal shall thereupon be securely quarantined, at the discretion of the animal control officer, for a period of 14 days 10 days or the time period currently required by the RI Manual for Rabies Management Protocol and it 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 animal shelter or, at the owner's option and expense, in a veterinary hospital of the owner's choice. In the case of stray animals or animals whose ownership is not known, such quarantine shall be at the shelter designated by the animal control officer. It shall be the duty of the animal owner to contact the animal control officer for a release from the quarantine.
(b) The owner, upon demand by the animal control officer, shall forthwith surrender any animal that has bitten a human or is suspected as having been exposed to rabies for supervised quarantine, the expense of which shall be borne by the owner. Such animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees set forth in section 3-8.
(c) When rabies has been diagnosed in an animal under quarantine or is suspected by a licensed veterinarian and the animal dies while under such 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 director of environmental control of reports of human contacts and the diagnosis.
(d) When one or both reports indicate a positive diagnosis of rabies, the animal control officer shall recommend an area-wide quarantine for a period of 90 days. During such quarantine period no animal shall be taken into the streets or permitted to be in the streets, nor shall any animal be taken or shipped from the city without written permission of the animal control officer.
(e) During the quarantine period and as long afterward as the animal control officer decides it is necessary to prevent the spread of rabies, the city shall require all dogs three months of age and older to be vaccinated against rabies with a canine rabies vaccine approved by the biologics control section of the U.S. Department of Agriculture. The types of approved canine antirabies vaccine to be used and the recognized duration of immunity for each shall be established by the city. All vaccinated dogs shall be restricted (leashing or confinement on enclosed premises) for 30 days after vaccination. During the quarantine period, the city shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccinations clinics strategically located throughout the city.
(f) No dog that has been impounded by reason of its being a stray, unclaimed by its owner, is allowed to be claimed during the period of the rabies emergency quarantine, except by special authorization of the animal control officer.
(g) Dogs or other animals 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 a period of time currently required by the RI Manual for Rabies Management Protocol. If the dog or other animal has been previously vaccinated within the time limits established by the city, based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for 30 days shall be carried out.
(h) If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional six months.
(i) No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies or any animal having bitten a human, except as provided in this article, nor shall such animal be removed from the city limits without written permission from the animal control officer.
(j) The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal control officer. The animal control officer shall direct the disposition of any animal found to be infected with rabies.
(k) No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made therefor by the animal control officer.
(Rev. Ords. 1987, § 3-51)
Sec. 3-52. Reports of bite cases.
It shall be the duty of every physician or other medical practitioner to report to the animal control officer at the police department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
(Rev. Ords. 1987, § 3-52)
Sec. 3-53. Veterinarians to report rabies suspects.
It shall be the duty of every licensed veterinarian to report to the animal control officer any animal considered to be a rabies suspect.
(Rev. Ords. 1987, § 3-53)
Sec. 3-54. Vaccination required for dogs, cats, and ferrets over six four months old.
No dog, cat, or ferret over six four months old shall be permitted within the city limits unless such dog, cat, or ferret shall have been vaccinated or immunized in the manner prescribed by G.L. 1956, § 4-13-31; except as otherwise amended by board regulation, the owner or keeper of a dog, cat, or ferret shall have the animal vaccinated not earlier than (3) three months of age nor later than (4) four months of age and at regular intervals as prescribed by rabies board regulations current requirements set forth by the RI Rabies Management Protocol (RIRMP), but at no time to exceed recommendations made by the most current compendium of animal rabies control. Stated currently set as any cat or dog shall have been vaccinated or immunized within a period of 12 months, if such dog or cat shall have been vaccinated or immunized with the one-year vaccine, or within a period of 36 months 24 months if such dog or cat shall have been vaccinated or immunized by the two-year 3 year vaccine. Ferrets must be vaccinated annually.
(Rev. Ords. 1987, § 3-54)
Sec. 3-55. Use of approved vaccine; certification generally.
The vaccination or immunization referred to in section 3-54 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 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 or the two-year vaccine, together with such other information as may reasonably be required by the director of environmental control or the veterinarian administering the vaccine.
(Rev. Ords. 1987, § 3-55)
Sec. 3-56. Certification prerequisite to license.
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 police department of the city, or other person duly authorized to issue such license, 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 article. Public clinics providing inoculations at a nominal charge shall be made available once a year by the police department city clerks office.
(Rev. Ords. 1987, § 3-56)
Sec. 3-57. Unvaccinated dogs--Owning, keeping, harboring prohibited.
It shall be unlawful for any person to own, keep or harbor any dog over six four months old within the city unless such dog shall have been vaccinated or inoculated in accordance with the provisions of this article.
(a) Any person in violation of this article shall be charged with a misdemeanor and fined $200.00 and/or imprisoned for up to 10 days for first offense and shall be fined $500.00 and/or imprisoned for up to 30 days for the second and subsequent offenses and/or be subject to confiscation of the animal(s) which is/are the basis of the violation in accordance with RIGL § 4-13-32
(Rev. Ords. 1987, § 3-57)
Sec. 3-58. Impoundment of unvaccinated dogs.
Any dog over six four 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 any police officer or animal control officer of the city 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 such owner of the fees provided in section 3-8. At the expiration of the five-day period, any dog not so claimed by its owner shall be disposed of in accordance with section 3-7.
(Rev. Ords. 1987, § 3-58)
(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 30 days, provided that 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.
(Rev. Ords. 1987, § 3-59)
ARTICLE IV. SPAY AND NEUTER PROGRAM
Sec. 3-60. Findings, purpose and intent.
(a) The city council finds and determines that:
(1) Due to the large number of stray and abandoned cats, euthanasia is not a cost effective, acceptable or ethical solution to the threats of public health and safety posed by large populations of stray domestic animals.
(2) Stray and abandoned pets, specifically cats, create numerous public health and safety problems, including transmission of disease and traffic hazards created by cats running loose on public streets.
(3) A permit system for breeding of cats owned or harbored in the city combined with a program for spaying/neutering is a reasonable and effective means of reducing the population of abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior.
(b) Declaration of intent. The city council hereby finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering cats unless appropriate permits are acquired.
(Ch. 361, § I, 10-4-05)
(a) No person shall own or harbor, within the city any cat over the age of six months which has not been spayed or neutered, unless such person holds either a license to keep an unaltered cat or a license and permit for breeding cats issued by the city animal control officer, or the owner submits to the animal control officer a letter from a licensed veterinarian stating that it would be inappropriate to spay/neuter the cat due to age, health, or illness. The owner of any cat over the age of six months is responsible to provide proof of spay/neuter through records or certificate of examination by a licensed veterinarian to the animal control officer within seven days of a request for said records by the animal control officer.
(b) An "intact" permit shall be issued for an unaltered cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit. An "intact" permit may be issued by the ACO to an individual who refuses to spay or neuter their cat. The fee for such a permit shall be $100.00 per year. All funds from "intact" permits shall be deposited in the city's spay/neuter account.
(c) Any person providing care or sustenance for a period of 30 days or longer shall be deemed the owner of such animal and shall adhere to the provision of this section. Any person, who keeps, has custody, owns, maintains, harbors, provides care or sustenance for, has control or charge of or responsibility for a cat or who permits a cat to habitually be or remain on or be lodged or fed within such person’s property or premises, and any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership unless ownership of the cat by another party is established pursuant to RI General Law § 4-22-2.
(d) Subsection (c) above shall not be interpreted to apply to a person caring for a colony of feral cats if such person:
(1) Registers (at no charge) with the city as a caretaker for feral cats;
(2) Regularly feeds or arranges for the feeding of the colony, including on weekends and holidays;
(3) Traps all feral cats over the age of eight weeks in his/her care, and has them spayed or neutered or identifies to animal control those cats deemed unable to be trapped;
(4) Has all trapped cats tested for feline aids and leukemia and has those who test positive humanely euthanized or isolated indoors;
(5) Identifies feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;
(6) Has all trapped cats vaccinated according to state and local laws.
(Ch. 361, § I, 10-4-05; Ch. 400, § II, 9-5-06)
(a) No person shall cause or allow any cat owned or harbored in the city to breed without first obtaining a breeding permit under this section.
(b) City animal control shall administer a permit program to allow breeding of cats consistent with criteria and according to procedures contained in the city ordinances.
(c) Each applicant who is issued a permit to breed cats under this section shall pay an annual breeding permit fee of $100.00 per cat.
(d) No person shall cause or allow the breeding of a male or female cat without first obtaining a breeding permit issued by animal control. Breeding permits shall be valid for 12 months, renewable on an annual basis. Fees for such permit shall be as set forth. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:
(1) No offspring may be sold or adopted and permanently placed until reaching an age of at least eight weeks.
(2) No offspring may be sold or adopted until immunized against common diseases.
(3) If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.
(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing any animal bred by the permit holder.
(5) The breeding permit holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved by the animal control and state law.
(Ch. 361, § I, 10-4-05; Ch. 400, § III, 9-5-06)
Sec. 3-63. Sale or adoption of cats.
(a) Any person who provides or offers to the public, whether or not for compensation, any pet or pet related goods (where they are the primary products) or pet services shall provide to their clients, free of charge, information relating to pet care and ownership, including information on city laws pertaining to animal control. This required information will be prepared and provided by animal control.
(b) Any person offering cats for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing or permit requirements of the city applicable to such animal.
(c) No person shall offer for sale or adoption any cat on any public street, sidewalk, or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption.
(d) Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal; alternatively the adoptive owner may obtain proof that the spay/neuter and rabies vaccine has been prepaid for at a licensed veterinarian’s office.
(Ch. 361, § I, 10-4-05)
Sec. 3-64. Revocation of permit.
(a) Any permit issued may be revoked if the animal control officer has reasonable cause to believe any of the following to be true:
(1) The permittee has violated any state or local ordinances relating to the keeping, care or use of any animal.
(2) The permittee is in violation on any state health or safety law or regulation regarding animal care or control;
(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this article;
(4) The permittee refuses to allow inspection, upon 48 hours' written notice, of any cat covered by the permit or the premises on which the animal is kept; or
(5) The permittee has transferred, sold or otherwise disposed of the cat for which the permit was issued.
(b) If, after investigation, the animal control officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an animal control officer. Said date shall be not less than five days subsequent to the date the notice is mailed. If the health or well-being of the animal is in danger, the animal control officer may take custody and control of the animal until such time that a hearing is conducted. After the informal hearing, the animal control officer may modify the terms of the permit or revoke the permit.
(Ch. 361, § I, 10-4-05; Ch. 400, § IV, 9-5-06)
Sec. 3-65. Penalty for violation.
Any person who violates the provisions of this act shall be subject to a one hundred dollar fine ($100.00). In the case of an unneutered cat said person shall have no more than 30 days to have their cat spayed or neutered or provide proof from a licensed veterinarian indicating that arrangements have been made to spay or neuter their cat(s). The ACO may inform persons subject to this law to the availability of reduced cost or free of cost spay/neuter programs sponsored by local humane organizations. If an animal is not spayed or neutered within 30 days of notice, they shall be subject to a $100.00 fine for each 30 days the subject animal is not spayed or neutered.
(Ch. 361, § I, 10-4-05; Ch. 400, § V, 9-5-06)
Sec. 3-66. Responsibility for enforcement.
The animal control officer shall be responsible for the enforcement and administration of this article.
(Ch. 361, § I, 10-4-05)
Sec. 3-67. Transition.
Persons harboring a cat subject to this article on the date it becomes effective shall have 120 days from such date to comply herewith.
(Ch. 361, § I, 10-4-05)
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Animal Control Officer)
On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
Councilwoman Perry asks for a brief explanation.
Mr. Conley states over the past few years there has been a substantial number of changes in State Law in dealing with the Municipalities responsibilities in the area of animal control procedurally, stanchions, standards across the board. With significant input from the Animal Control Officer, there were comprehensive changes made. The ordinance will now conform to all the State Law and procedures employed by the Animal Control Office in meeting the standards of the State Law.
On motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
Councilman Silva receives unanimous consent and apologizes for comments he made several weeks ago at a Council meeting. He says that although he does not regret his vote, he should have respected the audience, and apologizes to his colleagues, Mr. Conley, Mr. Brown and the public.
Mayor Ramos adjourns the meeting at 8:05 P.M. on a motion of Councilman Silva, seconded by Councilwoman Perry.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: May 20, 2008