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:
Any person employed by the Town to enforce this chapter,
and any police officer of the Town.
A dog will be deemed at large when not under restraint.
A dog or other animal has been exposed to rabies if it has
been bitten by or been exposed to any animal known to have been infected
with rabies.
Any place used for the commercial business of breeding, buying,
selling or boarding dogs.
Any person owning, keeping or harboring a dog or other animal
mentioned in this chapter.
Any premises designated by action of the Town for the purpose
of impounding and caring for animals under the provisions of this
chapter.
A dog is under restraint when it is:
[Amended 3-10-2008 by Ord. No. 01-08-267]
A.
Notwithstanding any ordinances to the contrary, violations of this chapter, excepting those violations set forth in R.I.G.L. § 4-13.1-1 et seq. for which the General Assembly has provided mandatory penalties, shall be punishable in accordance with Chapter 1, General Provisions, § 1-2, of the Code of the Town of Coventry. Where the penalty is not provided for within this chapter the violation shall be punishable in accordance with § 1-2, excepting those violations that would fall under § 4-13-1 of the General Laws of the State of Rhode Island and those violations found in § 97-13 of this chapter.
B.
Failure to appear (default judgement). For any person charged with any violation found in Chapter 97, §§ 97.1 to 97.35, Article I, Article II and Article III who is properly summonsed before the Coventry Municipal Court to answer a complaint of violation and fails to appear at the arraignment or the trial, a default judgment may enter against the defendant pursuant to the following:
[Added 9-14-2020 by Ord. No. 07-20-334]
(1)
If the
truth and validity of the allegations on the summons have been sworn
to by the officer issuing the same, or if testimony is given providing
proof of facts supporting the validity of the summons, and the service
of the notice has been established, a default judgment of guilty may
enter against the defendant and the Judge may, in his/her discretion,
determine and assess the fine and costs or impose any order the Judge
determines to be appropriate under the law.
(2)
In the
event the defendant fails to pay the fine and costs imposed by the
Court within 60 days of the imposition of said fine and costs, the
Town Solicitor or his designee shall cause a lien to be placed upon
any real property owned by the defendant within the Town of Coventry
in the amount of the fine, costs and any additional reasonable costs
incurred by the Town of Coventry in the execution of the lien.
(3)
The
Court shall forward a copy of the Court Order to the defendant by
regular mail within 10 days of the Court decision.
A.
Hospitals, clinics and other premises operated by
licensed veterinarians for the care and treatment of animals are exempt
from the provisions of this chapter, except where expressly stated.
B.
The licensing and vaccination requirements of this
chapter shall not apply to any dog belonging to a nonresident of the
Town and kept within the Town for not longer than 30 days, provided
that all such dogs shall at all times while in the Town be kept within
a building, enclosure or vehicle, or be under restraint by the owner.
The provisions of this chapter shall be enforced
by any animal control officer and any police officer of the Town.
A.
In the discharge of the duties imposed by this chapter,
the Animal Control Officer or any police officer of this Town shall
have the authority, at all reasonable times, to enter upon any premises
to examine a dog or other animal which is allegedly in violation of
a provision of this chapter. Such officer shall have the further authority
to take possession of any such dog or other animal and remove it from
such premises.
No person shall interfere with, hinder or molest
the Animal Control Officer or any police officer of this Town in the
performance of his duties under this chapter or seek to release any
animal from the custody of the Animal Control Officer or any police
officer, except as otherwise specifically provided.
All complaints made under the provisions of
this chapter shall be made to the Animal Control Officer and may be
made orally; provided, however, that, within 48 hours, such complaint
shall be reduced to writing on forms provided by the Animal Control
Officer and shall be signed by the complainant, showing his address
and telephone number, if any.
[Amended 12-19-1994 by Ord. No. 2-94-0195; 3-10-2008 by Ord. No. 01-08-267; 5-13-2013 by Ord. No. 06-13-290]
A.
It shall
be unlawful for any person to allow or permit any animal to trespass
on private or public property so as to damage or destroy any property
or thing of value and such trespass is hereby declared to be a nuisance.
B.
The keeping or harboring of any dog or other animal or fowl, whether licensed or not, which habitually howls, yelps, barks, or causes noises, which habitual howling, yelping, barking or causing noises is affirmed by persons in the neighborhood as provided in Subsection C of this section, is unlawful and is hereby declared to be a public nuisance. Each day that such condition continues shall constitute a separate offense.
C.
Whenever
it shall be affirmed in writing by any two persons having separate
residence or regularly employed in the neighborhood or if the Animal
Control Officer, the police or the Animal Control Officer's assistants
determine, in their judgment, that any animal is a habitual nuisance
by reason of trespassing, howling, barking or other noise or by damaging
property, the Animal Control Officer, the police and assistants shall
have the authority to issue violations and/or impound said animal
and/or serve notice upon the owner or custodian that such nuisances
must be abated.
D.
As used herein,
the term "house lot" means one or more parcels of land which are contiguous
and are under the same ownership according to the records of the Coventry
Tax Assessor and which are zoned residential or are residential as
a legal nonconforming use pursuant to the Zoning Ordinance.
E.
No person
shall keep any livestock or farm animals, to include chicken hens
and fowl, unless they comply with the following restrictions/conditions:
F.
The penalty
for violating the provisions of this section shall be that as prescribed
under R.I.G.L. § 4-13-1 of the General Laws of Rhode Island,
as from time to time amended.
A.
The owner shall confine within a building or secure
enclosure every fierce, dangerous or vicious dog or other animal,
and shall not take such dog or other animal out of such building or
secure enclosure unless such dog is securely muzzled and such other
animal is provided with a similar device for ensuring the safety of
the public.
B.
Every female dog or other animal, when in heat, shall
be kept confined in a building or secure enclosure or in a veterinary
hospital or boarding kennel in such a manner that such animal cannot
come in contact with another animal, except for intentional breeding
purposes.
No wild animals may be kept within the Town
limits, except under such conditions as shall be fixed by the Animal
Control Officer; provided, however, that wild animals may be kept
for exhibition purposes by circuses, zoos and educational institutions
in accordance with such regulations as shall be established by the
Animal Control Officer. Any wild animal which escapes and is found
at large may be destroyed by the Animal Control Officer or any police
officer of the Town.
[Amended 8-23-1993 by Ord. No. 4-93-0189]
A.
Every owner or keeper of a dog who resides in the Town shall, annually, in the month of April, cause such dog to be licensed from the first day of the ensuing May in the office of the Town Clerk and shall pay to the Town Clerk for the license so issued fees as set forth in Chapter 122, Fees. All licenses issued under this section shall be valid during the then-current year, provided that any person who becomes the owner or keeper of a dog shall cause the dog to be licensed as provided in this section within 30 days after such person becomes such owner or keeper.[1]
B.
Every owner or keeper of any dog found to be in violation
of this section shall be fined in a manner prescribed by R.I.G.L.
§ 4-13.1-9.
[Amended 8-23-1993 by Ord. No. 4-93-0189]
A.
It shall be unlawful for any person to keep more than
three licensed dogs at the same residence, except as permitted by
the Animal Control Officer. This provision shall not apply to licensed
kennels.
B.
Should the number of cats/ferrets in a residence be
deemed to be unsafe, unsanitary or unhealthy to the residents or animals
by the Department of Health, Human Services, or equivalent authority,
then the Animal Control Officer will cite the responsible party or
parties and remove the animals.
D.
The Animal Control Officer has the obligation to notify
the residents of his or her intent to enter the property to determine
the ownership or caretaker of an animal. If the resident is not at
home, proper notification is left that the Animal Control Officer
was there and what was accomplished.
[Amended 3-10-2008 by Ord. No. 01-08-267]
A.
The owner of any dog shall keep such dog under restraint
at all times and shall not permit such dog to be at large within the
Town.
B.
Whenever it shall be affirmed in writing by any two
persons having separate residence or regularly employed in the neighborhood
or if the Animal Control Officer, the police or the Animal Control
Officer's assistants determine, in their judgment, that any animal
is being vicious or, by its actions, potentially vicious or if the
animal displays vicious actions, such as biting or attacking a human
or any animal, the Animal Control Officer, the police and the Animal
Control Officer's assistants shall have the authority to issue violations
and/or impound said animal and/or service notice upon the owner or
custodian that such vicious action must be abated.
C.
It is unlawful for any owner of a dog to place that
dog or allow it to be placed in the custody of any other person not
physically capable of maintaining effective control of restricting
the dog.
[Amended 3-10-2008 by Ord. No. 01-08-267]
A.
No dog shall be allowed in any schoolyard or on any
school property, whether such dog is at large or under restraint.
B.
No dog shall be allowed in any store or eating place
within the Town, whether such dog is at large or under restraint.
C.
This section shall not apply to a Seeing Eye dog accompanying
a blind or disabled person.
D.
It shall be unlawful for any person to allow his/her
dog to defecate on public or private property other than that of the
owner of the dog without immediately cleaning and removing the feces.
E.
The penalty for violating the provisions of this section
shall be that as prescribed under § 4-13-1 of the General
Laws of Rhode Island, as from time to time amended.
[Added 9-8-2003 by Ord. No. 4-03-0238]
Dogs, cats and domesticated animals shall be
destroyed by lethal injection by a licensed veterinarian if it has
been determined by the Animal Control Officer and/or said veterinarian
that it is in the best interest of the animal.
[Added 3-10-2008 by Ord. No. 01-08-267]
A.
There is hereby created an Animal Care Fund for the
purpose of facilitating adoption of animals under the care and custody
of the Animal Control Office within the Town of Coventry.
B.
This fund shall be kept as a separate fund for the
sole purpose of providing medical care and vaccinations for injured
and/or sick adoptable animals.
C.
The funds shall be administered under the direction
of the Animal Control Supervisor.
D.
The Animal Control Office shall be responsible for
maintaining records of funds expended for this purpose, including
but not limited to the description of the animal, the care given and
the amount expended all on forms provided by the Finance Department
of the Town of Coventry.
E.
There shall be an assessment equal to 10% of every
fine imposed for violations of this chapter for the purpose of funding
and maintaining the Animal Care Fund.
[Added 7-14-2014 by Ord. No. 04-14-298]
A.
No owner or person shall confine any animal in a motor vehicle in
such a manner that places it in a life or health threatening situation
by exposure to a prolonged period of extreme heat or cold, without
proper ventilation or other protection from such heat or cold. In
order to protect the health and safety of an animal, an animal control
officer or law enforcement officer who has probable cause to believe
that this section is being violated shall have authority to enter
such motor vehicle by any reasonable means under the circumstances
after making a reasonable effort to locate the owner or other person
responsible.
B.
A law enforcement officer or animal control officer may take all
steps that are reasonably necessary to remove an animal from a motor
vehicle if the animal's safety, health or well-being appears to be
in immediate danger from heat, cold or lack of adequate ventilation
and the conditions could reasonably be expected to cause extreme suffering
or death. Nothing in the 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 ventilation, lack of food, water, or other circumstances
that could reasonably be expected to cause suffering, disability,
or death to the animal.
C.
A law enforcement officer or animal control officer who removes an
animal in accordance with this section shall, in a secure and conspicuous
location on or within the motor vehicle, leave written notice bearing
the officer's or agent's name and office and the address of the location
where the animal may be claimed. The owner may claim the animal only
after payment of all charges that have accrued for the maintenance,
care, medical treatment and impoundment of the animal.
D.
A law enforcement officer or animal control officer who removes an
animal from a motor vehicle pursuant to this section is immune from
criminal or civil liability that might otherwise result from removal.