As used in this chapter, the following terms mean:
ABANDONMENT
The relinquishment of all right, title, claim, or relinquishment of possession of an animal with the intention of not reclaiming it or resuming its ownership or possession.
ADEQUATE FOOD
The provision at suitable intervals, not to exceed 24 hours, of 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
Access to 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
A constant access to a supply of clean, fresh, potable water provided in a sanitary manner.
ADOPT
When an adopting party voluntarily acquires and assumes responsibility for a dog or a cat from the animal shelter.
ADOPTING PARTY
Any person who enters into a contract acquiring a dog or cat from the animal shelter.
AGGRESSIVE DOG
A. 
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.
B. 
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
The temperature surrounding the animal.
ANIMAL CONTROL OFFICER or ANIMAL CONTROL WARDEN
Any person employed, contracted, or appointed by the Town of Smithfield for the purpose of aiding in the enforcement of this article or any law or ordinance relating to the licensing of dogs, control of dogs, or seizure and impoundment of dogs, and includes any state or municipal peace officer, Animal Control Officer, or Animal Control Warden whose duties in whole or in part include assignments which involve the seizure or taking into custody of any dog.
ANIMAL SHELTER
Any premises designated by action of the Town Council for the purpose of impounding and caring for animals found running at large in violation of this article.
AT LARGE
Any animal shall be deemed to be at large when off the property of its owner and not under leash control of a competent person.
ATTENDANT
A person 16 years or older who brings a dog to the dog park. Such person is expected to be competent and knowledgeable relative to the behavior of, and have control over, said dog(s) at all times while at or inside the outdoor facility.
ATTRACTANT
Any substance which could reasonably be expected to attract, or does attract, coyotes or other nondomesticated animals, including, but not limited to, garbage, food products, pet food, carcasses, feed, grain.
BREEDER
A person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, or other breed or kennel club, or a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.
DISABILITY
Has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as amended.
DISPOSED
To create a final disposition of an animal to include, returned to owner, adoption, transferred to a licensed releasing agency, or humanely euthanized.
DOG PARK
An enclosed-fence facility designated by the Town of Smithfield for the purpose of allowing dogs, under the control of their owner or attendant, to exercise and socialize off-leash.
EXPOSED TO RABIES
An animal 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.
FEEDING
A. 
To give food to, or the act of giving sustenance or nourishment to;
B. 
The leaving of food of any kind where it is accessible to coyotes or other nondomesticated animals.
FOOD
Any nutritious substance that animals eat or drink in order to maintain life and growth; for the context of Article VI, all substances consumed by humans or animals for nourishment except grass and other vegetation, growing crops, and food that is canned or stored in sealed or closable containers.
HOBBY BREEDER
Those persons whose regular occupation is not the breeding and raising of dogs or cats and whose method of sale is at retail only. A hobby breeder shall not exceed selling 20 dogs or cats, or three litters, whichever is greater, in a single calendar year. Any person who sells at retail a number in excess of these limits or who sells any number of pets commercially shall be considered a breeder.
KENNEL
Any person, group of persons, or corporation engaged in the commercial business of breeding, buying, selling, or boarding dogs, or other animals commonly referred to as "domesticated pets."
MEMBERSHIP CARD
A membership card is necessary for entry and use of the Smithfield Dog Park. The membership card can be obtained through the Town Clerk's office.
MINIMUM CARE
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 § 126-18.
MINIMUM VETERINARY CARE
Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease.
NEUTER
To surgically render a male dog or cat unable to reproduce.
OWNER
Any person, group of persons, or corporation owning, keeping or harboring a dog or dogs, or other animal or animals.
PROVOCATION
The act of provoking. Something that provokes, especially by inciting, instigating, angering, or irritating.
RESTRAINT
A dog is under restraint within the meaning of this article when such dog is restrained and controlled by a leash; and/or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
SERVICE DOG
Has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
SEXUAL MATURITY
When a female dog or cat reaches six months of age and when a male dog or cat reaches eight months of age; in all instances, the releasing agency will determine the age of the dog or cat.
SPAY
To surgically render a female dog or cat unable to reproduce.
VACCINATED
To have been inoculated by a vaccine approved by the State Department of Health and shall be certified by a licensed veterinarian.
VISUAL CONTROL
The attendant can see the dog(s) and is within 75 feet of the dog(s) at all times, while at the dog park.
VOICE CONTROL
The attendant is within 75 feet of the dog(s), is able to control and recall the dog(s) at all times, and is not allowing the dog(s) to fight with other dogs. A dog under voice control must immediately come to the attendant, when so commanded, while at the dog park.
No horses, cows, sheep, swine, goats, fowl or other such animals shall go at large, loose, unfastened or alone in any public highway, street, lane or byway, or on the land of any other person than the owner of such animals.
The owner or person in charge of any horse, ox, mule, cow, sheep, dog or other large animal which shall die shall, within 24 hours from the time the owner or person in charge of said animal shall learn of the death of said animal, bury the carcass of said animal in such manner that every part thereof shall be at least three feet beneath the natural surface of the earth, or shall within said 24 hours remove said carcass from the Town, or cause the same to be removed from the Town.
No person shall throw, place, put, or leave, or cause to be thrown, placed, put or left, the carcass, or any part thereof, of any dead animal, in any pond, stream, brook, river, lake or other body of water within the Town.
A. 
The owner shall confine within a building or secure enclosure every fierce, dangerous, or vicious dog, and shall not take such dog out of such building or secure enclosure unless such dog is leashed and securely muzzled.
B. 
Every female dog or other animal in season shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female dog (or other animal) cannot come in contact with another dog or animal, except for intentional breeding purposes.
C. 
Any animal described in Subsections A and B above found at large shall be impounded by the Animal Control Warden and may not be reclaimed by its owner, unless such reclamation be authorized by any court having jurisdiction.
D. 
Any dog or other animal, the first time it is impounded for being in violation of this article, may be reclaimed as provided in § 126-28A, but may not be reclaimed when impounded on second or subsequent occasion unless such reclamation is authorized by court having jurisdiction in the matter.
E. 
When in the judgment of the Animal Control Warden, or any police officer in this Town, an animal should be destroyed for humane reasons, such animal may not be reclaimed. Humane reasons, in this case, shall be construed to mean animals severely injured or ill due to accident or mistreatment, or where it has been established by repeated violations of this article that the owner or owners have not properly cared for the animal.
F. 
No wild animal may be kept within the Town limits. Any wild animals that are found at large and are a threat to humans or other animals may be destroyed by the Animal Control Warden or any police officer of this Town, or captured and returned to their owner, or to the SPCA.
A. 
Mistreatment of animals.
(1) 
All animals shall be kept and treated under sanitary and humane conditions, and it shall be unlawful for any person to subject, or cause to be subjected, any animal to cruel treatment. It shall likewise be unlawful for any person to deprive, or cause to be deprived, any animal of adequate food and water, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions.
(2) 
Adequate food, water and shelter shall be provided as follows:
(a) 
All animals shall be given at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuff suitable for the age and species of the animal and sufficient to maintain a healthful level of nutrition.
(b) 
All animals shall have access to a constant supply of clean, fresh water.
(c) 
All animals shall be provided with adequate shelter from the weather and humanely clean conditions at all times.
(3) 
Medical care. It shall be unlawful for any person in contact with or having knowledge of a sick, diseased or injured animal to fail or refuse to provide proper medical treatment for the animal or notify the Animal Control Officer of the condition.
B. 
Cruel treatment. It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat or treat, needlessly mutilate or kill, wound, injure, poison, abandon or subject any animal to conditions detrimental to its health or general welfare or to procure any such actions to be inflicted upon any animal. Examples of cruel treatment include, but are not limited to, the following:
(1) 
Allowing a collar, rope or chain to become embedded in or cause injury to an animal's neck.
(2) 
Allowing a choke or pinch collar to be used as a primary collar when the animal is left unsupervised.
(3) 
Allowing a dog, cat or other domesticated pet to be left outside in inclement weather or extreme temperatures without adequate shelter.
(4) 
Intentionally allowing animals to engage in a fight.
(5) 
Allowing animals to live in unsanitary conditions.
(6) 
Allowing animals to live in crowded conditions.
(7) 
Failure or refusal to obtain medical treatment for an animal when, in an Animal Control Officer's opinion, such treatment is needed.
(8) 
Using lethal force against an animal, either on or off the owner's property, unless the animal is in the act of attacking and causing severe injury to a human being or any other domestic animal.
(9) 
Actions as prescribed in R.I.G.L. § 4-1-3.
C. 
Impoundment. It shall be the duty of the Chief of Police, the Animal Control Officer(s), any police officer, or their designees to seize and impound, subject to the provisions of this chapter, all animals that have been subjected to cruel treatment as defined herein, whether such animal shall be in the immediate custody of its owner or otherwise. The Animal Control Officer shall provide for suitable care, including medical care, as he/she deems necessary. Any animal impounded under the provisions of this section may not be reclaimed unless such reclamation is authorized by the Animal Control Officer.
D. 
Penalties.
(1) 
An animal or animals owned or harbored by persons found in violation of this section shall be surrendered to the Animal Control Officer; and/or
(2) 
Any person violating the provisions of this section shall be cited to appear before the Smithfield Municipal Court and be subject to fines as follows:
(a) 
First offense: a fine of not less than $100 nor more than $500.
(b) 
Second offense: a fine of not less than $200 nor more than $500.
(c) 
Third offense: a fine not in excess of $500, in accordance with § 60-8 of the ordinances of the Town of Smithfield.
(3) 
Any person violating the provisions of this section shall reimburse the Town of Smithfield for expenses incurred in providing care required by this section.
A. 
It shall be unlawful for any person or organization to conduct, sponsor, walk, exhibit, or operate a traveling show or circus that includes live wild or exotic animals on any public or private land within the Town.
B. 
This section shall not apply to domestic animals, including, but not limited to, dogs, cats, horses, donkeys, and farm animals.
C. 
This section shall not apply to educational exhibits.
D. 
Violations of this section shall result in a fine not less than $50, and not more than $500, per animal. Each day the violation continues shall constitute a separate and additional violation.
[Amended 6-6-2023 by Ord. No. 2023-5]
A. 
The keeping or harboring of any dog, other animal or fowl, whether licensed or not, which by habitual, regular, prolonged and persistent howling, yelping, barking or other noise disturbs or annoys without provocation a surrounding neighbor, upon verification of such nuisance by the Animal Control Warden, 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.
C. 
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, without provocation, the Animal Control Officer, if he/she finds such nuisance to exist, shall serve verbal or written notice upon the owner or custodian that such nuisance must be abated.
D. 
If a dog growls, snaps at, or runs after any person, or runs after or chases any bicycles, motor vehicles, motorcycles, or any other vehicle being driven, the owner or keeper will be cited, and it will result in a mandatory appearance before the Smithfield Municipal Court and shall be subject to a fine not to exceed $50 plus applicable court costs.
E. 
If a dog alone, in a pack, or in a park with other pets bites or preys upon game animals, domestic animals, fowl, or human beings, the dog's owner or keeper will be cited, and it will result in a mandatory appearance before the Smithfield Municipal Court and shall be subject to a fine not to exceed $100 plus applicable court costs.
F. 
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 nor more than $75 for the first offense; not less than $75 nor more than $125 for the second offense; and not less than $125 nor more than $250 for the third and subsequent offense.
(1) 
Enforcement. Any resident who witnesses a violation of the above subsection on their property or on a public sidewalk adjacent to their property may file a complaint with Town 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.
G. 
It shall be unlawful to allow or permit any animal upon those public areas designated as sport playing, practice fields, playgrounds, beaches, or venues. Any violations shall be punished by a warning for the first offense; a fine of not less than $50 nor more than $100 for the second offense; and a fine of not less than $100 nor more than $200 for the third and subsequent offense.
The provisions of this chapter shall be enforced by the Animal Control Warden of the Town of Smithfield and any police officer of the Town.
[Amended 6-6-2023 by Ord. No. 2023-5]
In the discharge of the duties imposed by this article, the Animal Control Warden or any police officer of this Town shall have the authority at all reasonable times to enter upon any premises outside of the curtilage of such 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 officers shall have the further authority to take possession of any dog or other animal and remove it from such premises, provided that such removal is necessary to protect the health and safety of the animal.
No person shall interfere with, hinder or molest the Animal Control Warden or any police officer of this Town in the performance of duties, or seek to release any animal in the custody of the Animal Control Warden or any police officer, except as provided in this article.
A. 
It shall be the duty of the Animal Control Warden to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into custody.
B. 
It shall be the duty of the Animal Control Warden to keep, or cause to be kept, accurate and detailed records of all animal bite cases reported and the investigation of the same.
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 schedules:
(1) 
First offense: $50.
(2) 
Second offense within a year: $75.
(3) 
Third offense within a year: $125; impoundment of animal; mandatory court summons.
(4) 
Fourth offense within a year: $200; impoundment of animal; mandatory court summons.
B. 
Harboring an unlicensed dog.
(1) 
First offense within a year: $50.
(2) 
Second offense within a year: $100; impoundment; plus microchip of animal.
(3) 
Third offense within a year: $200; impoundment; plus microchip at owner's expense.
C. 
Harboring an unvaccinated animal.
(1) 
First offense within a year: $100.
(2) 
Second offense within a year: $200; impoundment of animal; mandatory vaccination at owner's expense.
(3) 
Third offense within a year: $300; impoundment of animal; mandatory vaccination at owner's expense.
D. 
All fines can be paid by mail within 15 days to the Clerk of the Municipal Court, or if not paid within a fifteen-day period, a court summons is to be issued in the Municipal Court.
A. 
Release of animal.
(1) 
The animal shelter shall not 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 animal shelter and/or the Animal Control Warden 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 adoption fee of such spaying or neutering to be the responsibility of the adopting party. 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 animal shelter's name, address, phone number, and the dollar amount of the cost to reimburse the Town for previous spay and neuter or to have the animal spayed or neutered.
(2) 
Alternatively, the animal shelter 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. 
Exemptions.
(1) 
The following are exemptions from the provisions of Subsection A:
(a) 
The animal shelter returns a stray dog or cat to its owner;
(b) 
The animal shelter 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 such health condition is likely to be permanent;
(c) 
The animal shelter 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 animal shelter 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.
(2) 
The exemptions provided in Subsection B(1)(b) and (c) above shall only be applicable if the animal shelter receives said written report from a licensed veterinarian within the thirty-day period during which the spaying or neutering would otherwise be required, or in the case of a report contemplated by Subsection B(1)(b) above, said report may be provided to the animal shelter during any temporary extension period provided by Subsection B(1)(c) above if the health condition of the dog or cat has changed.
(3) 
If requested to do so, the animal shelter shall refund deposited funds to the adopting party upon reasonable proof being presented to the animal shelter 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.
Adoption fees required by § 126-14 which are unused after 60 days from the date of adoption or 60 days from when the dog or cat reaches sexual maturity, whichever is later, or which any animal is returned to the animal shelter for any reason after 15 days, will be forfeited by the adopting party and retained by the animal shelter and shall be used for the following purposes:
A. 
A public education program to prevent overpopulation in dogs and cats;
B. 
A program to spay and neuter dogs and cats that are available for adoption by the animal shelter;
C. 
A follow-up program to assure that dogs and cats adopted from the animal shelter are spayed or neutered; and
D. 
To defray additional costs incurred by the animal shelter in complying with § 126-14.
[Amended 6-6-2023 by Ord. No. 2023-5]
A. 
Violations of the provisions of § 126-14 or the written agreement executed pursuant thereto by an adopting party shall be punishable by a fine of $50 for the first offense, $150 for the second offense and $400 for the third and subsequent offenses. Each and every incidence of noncompliance by an adopting party which continues unremedied for 30 days after written notice of a violation hereunder shall constitute 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 the Animal Control Warden or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the animal shelter from which it was adopted, which animal shelter will be free to adopt or euthanize the seized dog or cat. The adopting party shall lose all ownership rights in the seized dog or cat, shall forfeit all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the animal shelter or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of this article will be enforced against an adopting party by a dog officer, Animal Control Warden or a police officer for the city or town in which the adopting party resides.
B. 
All fines collected under Subsection A of this section will be remitted to the Town Treasurer of Smithfield. Such fines shall be used by the Town 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.
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 given regarding animal ownership, shall be deemed guilty of obstructing or hindering an officer and shall be punished by a fine of $200.
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 or normal posture and range of movement or pose a danger to or entangle an animal, 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 Condition* 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 Condition* scale (TACC).
If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure, in addition to any other lawful penalties, he or she shall pay a fine of $200.
[Amended 6-6-2023 by Ord. No. 2023-5]
A. 
Any Animal Control Officer may issue the person(s) in violation of §§ 126-18 and 126-35 a fine of $100 for a first violation, $200 and seizure of animal for a second violation, and $400 and the seizure of the animal for a third violation. Second and subsequent violations of §§ 126-18 and 126-35 may be considered violations of R.I.G.L. § 4-1-2. In addition, for second and subsequent offenses, in the event a person is found guilty of a violation of §§ 126-18 and 126-35, they may not be permitted to own, keep or harbor or have custody of any animal for a minimum of one year.
B. 
In the event that any animal is in conditions or in an environment that, by the discretion of the Animal Control Officer, may be harmful to the health and well-being of the animal, and for the first offense, the owner is not immediately available to correct the problem, the animal may be seized and impounded for safekeeping.
A. 
Importing and/or possession of certain wild/exotic animals, as defined by the Rhode Island DEM Rules and Regulations Regarding Wild Animal Importation and Possession, are subject to permitting in accordance with rules and regulations promulgated by the Department of Environmental Management (DEM). The owner of any such wild/exotic animal that is found in the Town and which has not been permitted by DEM shall be subject to a penalty of $500, and confiscation as required by DEM.
B. 
A person who accumulates animals in a number so great that the person fails or is unable to provide the animals with adequate living conditions, resulting in harm or danger to the health and well-being of the animals, shall be guilty of hazardous accumulation of animals. Any person in violation of this section shall be punished in accordance with § 126-6.
A. 
No owner or person shall confine any animal in a motor vehicle in such a manner that places the animal in a life- or health-threatening situation by exposure to prolonged periods of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an Animal Control Officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.
B. 
A law enforcement officer or Animal Control Officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death. Nothing in this section shall prevent a law enforcement officer or Animal Control Officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. It shall be the determination of the Animal Control Officer or police officer on scene if a violation has occurred and if extraction of said animal is required by any means necessary. Determination shall be made by simple observation or with the use of a thermometer.
C. 
A law enforcement officer or Animal Control Officer who removes an animal in accordance with this section shall, in a secure and conspicuous location or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.
D. 
A law enforcement officer or Animal Control Officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.
E. 
Any Animal Control Officer may issue the person(s) in violation of this section a fine of $100 for a first violation, $200 and seizure of the animal for a second violation, and $400 and the seizure of the animal for the third violation. Second and subsequent violations of this section may be considered a violation of R.I.G.L. § 4-1-2.
F. 
Open-air motor vehicles.
(1) 
It shall be unlawful for any person to transport any animal or animals either for business or pleasure on or in an open-air motor vehicle unless the animal, or animals, being transported:
(a) 
Are kept in an enclosed area of the motor vehicle;
(b) 
Are under the physical control of a person other than the operator of the motor vehicle; or
(c) 
Are placed in the motor vehicle and safely restrained by a harness manufactured for the purpose of restraining animals by means other than neck restraints.
(2) 
Any person violating the provisions of this subsection shall be punished by a fine of not more than $50 for a first offense, nor more than $200 for each subsequent offense. (R.I.G.L. § 31-22-28)
A. 
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this article, except where expressly stated.
B. 
The licensing and vaccination requirements of this article shall not apply to any dog belonging to a nonresident of the Town and kept within the Town for not longer than 30 days, provided such dog shall at all times while in the Town be kept within a building, enclosure or vehicle, or be under leash restraint by the owner.