[HISTORY: Adopted by the Town Council of
the Town of Barrington 10-25-1965 (Ch. II, Sec. 6, of Title Seven
of the 1965 Code); amended in its entirety 8-9-1983. Subsequent amendments
noted where applicable.]
RHODE ISLAND GENERAL LAWS (AS
AMENDED)
Animal care — See § 4-19-1
et seq.
Animals at large — See § 4-15-1
et seq.
Dogs generally — See § 4-13-1
et seq.
Enforcement and penalties — See
§ 4-13-1.
Regulation of vicious dogs — See
§ 4-13.1-1 et seq.
As used in this chapter, the following terms
shall have the meanings unless the context shall otherwise require:
The person or persons employed by the Town as its animal
enforcement officer, any police officer or constable of the Town.
Any premises designated by the Town for the purpose of impounding
and caring for all animals.
A dog is "collared" when it wears around its neck a collar
with a current dog tag attached issued at the time of licensing.
Dogs trained to assist the handicapped.
One or more parcels of land which are contiguous and are
under the same ownership according to the Tax Assessor’s records
and which are zoned residential or are residential as a legal nonconforming
use pursuant to the zoning ordinance.
[Added 5-9-2011 by Ord. No. 2011-2]
A person having the right of property or custody of a dog
or who keeps or harbors a dog or knowingly permits a dog or dogs to
remain on or about any premises owned or occupied by that person.
Any animal which:
Interferes with passersby or passing vehicles;
Attacks or threatens other animals or persons;
Frequents public grounds while not under restraint;
Frequents private properties not owned by the
owner of the dog while not under restraint;
Is repeatedly at large or unrestrained;
Damages or soils private or public property;
Forages in trash, garbage or other refuse; or
Excessively barks, whines or howls or makes
other sounds common to its species.
A dog is under "restraint" if it is:
Controlled by means of a leash securely connected
to the dog and held by a person who is physically capable of retaining
control; or
Within a vehicle being driven or parked on the
streets; or
In a building or within a fenced enclosure on
the property of its owner, which building or fence is adequate to
prevent the dog from escaping therefrom; or
By means of chain, rope or similar materials
limited to boundaries of the property of its owner.[1]
[1]
Editor's Note: Former Subsection E, which
immediately followed and which provided that a dog was under restraint
if it was under control of a competent person and obedient to said
person's commands, was repealed 4-3-2000 by Ord. No. 00-1.
Each owner shall keep their dog under restraint
at all times. Failure to do so shall constitute a violation of this
chapter.
A.
Any dog found not under restraint or collared may
be seized by the Animal Control Officer and impounded in the animal
shelter for the period hereinafter provided.
B.
Immediately upon impounding a dog, the Animal Control
Officer shall make all reasonable efforts to locate and notify the
owner of such dog and inform the owner of the conditions whereby they
may regain custody of their dog.
C.
Notwithstanding any provision of this chapter to the
contrary, any owner who immediately notifies the Police Department
or the Animal Control Officer that their dog has escaped from restraint
and requests assistance in bringing the dog under restraint shall,
in the first instance, not be liable for a fine, charge or fee pursuant
to the provisions of this chapter unless the nature of the violation
is related to nonlicensure by the owner or dangerous and threatening
behavior by the dog involved.
D.
An updated list of all impounded animals shall be
maintained at the Town's public safety communication center, including
a full description of each animal in custody and the location and
time of pickup.
The owner shall be entitled to regain possession of any impounded animal during the normal hours the animal shelter is open upon payment of fees, charges and penalties related thereto as provided in § 67-15 of this chapter.
Any dog impounded under the provisions of this
chapter and not reclaimed by its owner within five working days during
which the animal shelter is open may:
A.
Be placed in the custody of a new owner deemed to
be a responsible and suitable individual; or
B.
Have its title transferred to a recognized nonprofit
humane society, association or corporation; or
C.
Be humanely destroyed at the direction of the Animal
Control Officer after consulting with the shelter manager.
[Amended 11-14-1994 by Ord. No. 94-14]
A.
Upon the seizure of a dog or cat pursuant to this
chapter whose owner at that time can be ascertained, the Animal Control
Officer may return the dog or cat to its owner in lieu of impoundment.
B.
The Animal Control Officer may, at their discretion,
issue an official warning or a violation notice to any person who
violates any provision of this chapter or fails to cause a dog owned
or kept by them to be licensed. The violation notice shall inform
such person of the particular violation or violations and the fees,
charges and penalties pertaining thereto as provided in this chapter.
[Amended 6-3-2019 by Ord.
No. 2019-14]
C.
Payment of all fees, charges or penalties shall be
made to the Town Clerk by mail or in person, within 10 days of the
receipt of the violation notice, unless the violation entails a licensing
or a rabies certification offense, which shall necessitate a personal
appearance before the Town Clerk.
D.
The payment of the violation charge shall be voluntary,
and the person so paying shall not be prosecuted for the offense in
a court of proper jurisdiction.
E.
Payments may be made at the Police Department for
licensed dogs at times the Town Clerk's office is not open for business.
[Amended 6-3-2019 by Ord.
No. 2019-14]
F.
If a person refuses or fails to pay the charge within
the said ten-day period, the Town Clerk shall so inform the Police
Department and Town Solicitor, and said person shall be prosecuted
for said violation.
A.
Dangerous dogs.
(1)
An owner shall confine within a building or secure
enclosure every fierce, vicious or potentially dangerous dog or a
dog with a propensity to threaten other animals or persons and shall
not take such dog out of such building or secure enclosure unless
such dog is securely muzzled and on a leash.
(2)
Any dog which threatens to harm casual visitors to
the property at which it is housed must be muzzled while within the
enclosure or building in which it is housed.
(3)
Every fierce, vicious or potentially dangerous dog
that may have the opportunity to escape from its normal containment
and run at large shall be muzzled at all times.
B.
Dog bite and rabies control.
(1)
The owner of any animal which has bitten a person
or another animal must report the incident to the Police Department
within two hours.
(2)
Upon receiving the report of a dog bite from whatever
source, the Animal Control Officer will quarantine the animal for
14 days at the animal shelter or such other place as the Animal Control
Officer shall deem appropriate, and the cost of confinement and all
expenses related thereto shall be that of the owner.
(3)
No person, other than the Animal Control Officer or
a veterinarian, shall kill or cause to be killed any animal suspected
of being rabid except in cases of immediate self-protection. In such
case, the body shall be retained and the Police Department notified
immediately.
(4)
The carcass of any dead animal exposed to rabies shall
upon demand be surrendered to the Animal Control Officer.
(5)
The Animal Control Officer shall direct the disposition
of any animal found to be infected with rabies.
(6)
No person shall fail or refuse to surrender any animal
for quarantine or destruction as required herein when demand is made
therefor by the Animal Control Officer.
(7)
When rabies has been diagnosed in an animal under
quarantine or rabies 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 the pathological examination and shall notify the proper
health officials of human and animal contacts.
(8)
A quarantined animal may be reclaimed by the owner
upon payment of fees set forth herein if it is adjudged free of rabies
and is not considered a public danger.
C.
Destruction of dog. The Animal Control Officer may
destroy any dog or animal which is determined to be habitually dangerous
to persons or other animals.
[Amended 4-3-2000 by Ord. No. 00-1]
A.
No person shall keep or harbor any dog, whether licensed
or not, which is a public nuisance. The term "public nuisance" shall
include, but is not limited to, the habitual howling, yelping or barking
which creates a noise disturbance.
B.
The Animal Control Officer or police officer shall, upon personal observation of a dog habitually howling, yelping or barking or when two or more persons in a neighborhood shall affirm in writing that any dog habitually howls, yelps or barks, find that a noise disturbance is created and shall fine the owner or keeper of such dog according to § 67-15. Each day of the noise disturbance shall constitute a separate violation of this section.
[Amended 6-14-1993 by Ord. No. 93-35; 11-14-1994 by Ord. No. 94-14]
A.
It shall be unlawful for any person to own any dog
or cat over the age of six months within the Town unless such dog
or cat shall have received a rabies vaccination in accordance with
the provisions of this chapter.
B.
The vaccination or immunization referred to in Subsection A of this section shall be by 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 vaccination, shall contain the rabies tag number, the sex and breed of dog or cat and the owner thereof and whether the vaccine given is the one-year or two-year vaccine, together with such other information as may be required by law.
C.
Dogs or cats vaccinated with the one-year vaccine
shall be revaccinated annually. Dogs or cats under one year of age
given the two-year vaccine shall be revaccinated one year thereafter
and then every two years thereafter. Dogs or cats over one year of
age given the two-year vaccine shall be revaccinated every two years.
D.
With respect to any dog or cat which shall have bitten
any person or animal and which shall be owned by any person not a
resident of the Town, the Animal Control Officer may seize such dog
or cat and cause it to be confined in an animal shelter at the expense
of the owner until it can be determined that such dog or cat is not
rabid.
F.
Any dog or cat may be exempted from the requirement
of such vaccination, for a specified period of time, upon presentation
of a veterinarian's certificate stating that because of an infirmity
or other physical condition or a regimen of therapy the inoculation
of the animal at this time shall be deemed inadvisable.
No person shall own nor shall any property owner
permit on their property the keeping of more than three dogs aged
three months or older, whether or not owned by such person, except
when such person is a breeder of purebred dogs holding a valid kennel
license issued by the Town.
[Amended 4-5-1993 by Ord. No. 93-9; 9-4-2007 by Ord. No. 2007-9; 6-5-2017 by Ord. No. 2017-6]
Dogs, with the exception of guide dogs as defined in § 67-1, shall not be allowed at the Doug Rayner Wildlife Refuge at Nockum Hill (with the exception of the gravel road right-of-way providing access to Nos. 10 and 11 George Street (Assessor's Plat 37, Lots 42 and 46), and shall not be allowed on any Town-operated beach from Memorial Day through Labor Day.
A.
No person shall cruelly hurt or mistreat any dog or
other animal whether by omission or commission.
B.
All owners shall provide adequate housing and fresh
food and water to their animals on a daily basis.
C.
All animals shall be provided with necessary medical
care, which shall include current rabies vaccinations.
[Amended 4-3-2000 by Ord. No. 00-1]
D.
Animal housing and grounds shall be maintained in
a sanitary condition.
E.
Any person operating a motor vehicle who causes injury
or death to an animal shall stop at once, assess the extent of injury
and immediately notify the owner or Animal Control Officer of the
location of the animal and the nature of the incident.
F.
Every female dog or cat in heat shall be confined
in a secure building or enclosure so as to prevent conception except
during instances of planned breeding.
G.
No person shall abandon or cause to be abandoned any
animal anywhere within the Town.
H.
No person shall own or harbor a dangerous animal.
I.
No person or entity shall cause or allow any cat owned
or harbored in the Town of Barrington to breed without first obtaining
a breeding permit under this section.
J.
Cat breeding permits. Any person or entity desiring
to breed male or female cats must make an application to the Animal
Control Officer for a breeding permit, which shall be valid for 12
months, renewable on an annual basis for a fee of $100 per cat.
(1)
All breeding permits shall contain the following terms
and conditions and be subject to the following requirements:
(a)
No offspring may be sold or adopted and permanently
placed until reaching an age of at least eight weeks;
(b)
No offspring may be sold or adopted until immunized
against common diseases as determined by the Director of the Rhode
Island Department of Environmental Management in accordance with Rhode
Island General Laws Title 4, Chapter 4, to be contagious or injurious
to public health or to the health of other animals;
(c)
Any permit holder advertising to the public
the availability of any animal for sale or adoption must prominently
display the permit number assigned by the Animal Control Officer in
any publications in which they advertise. The permit number must be
provided to any person purchasing or adopting any cat bred by the
permit holder;
(2)
Enforcement of permits. The Animal Control Officer of the Town of Barrington shall be responsible for the enforcement and administration of the permits under this § 67-12.
(3)
Revocation of permits.
(a)
Any permit issued by the Animal Control Officer
may be revoked if the Animal Control Officer has reasonable cause
to believe any of the following to be true:
[2]
The permit holder is in violation of any state
health or safety law or regulation regarding animal care or control;
[3]
The permit holder has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this § 67-12;
[4]
The permit holder refuses to allow inspection,
upon 48 hours of prior written notice, of any cat covered by the permit
or the premises on which the animal is kept; or
[5]
The permit holder 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, said Officer shall cause written
notice thereof to be sent by mail to the address of the permit holder.
The 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 the Animal Control Officer. The date shall be not less
than five days from the date the notice is mailed. After the informal
hearing, the Animal Control Officer may modify the terms of the permit
or revoke the permit, provided that if the health or well-being of
the animal(s) is in danger, the Animal Control Officer may take custody
and control of the animal(s) until such time that a hearing is conducted
pursuant to this subsection.
A.
Persons finding a stray animal shall notify the Animal
Control Officer within 24 hours.
B.
At the discretion of the Animal Control Officer, the
animal may be kept by the finder and a found report left with the
police communication center to enable the finder to return the animal
to its rightful owner.
C.
Upon demand by the Animal Control Officer, any found
animal will be surrendered and held for a minimum of five working
days before disposition.
[Amended 11-14-1994 by Ord. No. 94-14; 4-8-1996 by Ord. No. 96-4; 9-4-2007 by Ord. No. 2007-6]
A.
All dogs housed, kept, harbored, or maintained within
the Town shall be licensed by the Town Clerk's office upon the dog
attaining the age of six months. The application shall state the breed,
sex, color, and markings of the dog for which the license and registration
are sought and whether it is of a long- or short-haired variety; also,
the name, street, and post office address of the owner and the person
who shall keep or harbor such dog. License forms and official tags
shall be numbered serially and shall bear the year of issuance.
[Amended 6-3-2019 by Ord.
No. 2019-14]
B.
An owner of a new dog shall have 30 days in which
to obtain a license.
[Amended 6-3-2019 by Ord.
No. 2019-14]
C.
Licenses shall be issued annually during the month
of April by the Town Clerk.
D.
Proof of rabies vaccination shall be provided at the
time of licensing.
E.
All dogs shall be required to wear their Town license
tags on breakaway or elastic collars or other clearly identifiable
devices such as an ear stud with the license number marked thereon
at all times. If a license tag has been lost or misplaced, a duplicate
can be obtained at a fee of $1. License tags are not transferable.
[Amended 6-3-2019 by Ord.
No. 2019-14]
F.
New residents shall have 30 days in which to license
their dogs and cats from the first day of residency.
G.
Subject to the provisions of § 67-9F, the Town Clerk shall not grant any such license and official registration tag for any dog unless the owner provides evidence that the dog has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the State Department of Health.
[Amended 6-3-2019 by Ord.
No. 2019-14]
B.
Any person violating the terms of this chapter shall be subject to the penalties as provided in Chapter A225, Fee and Fine Schedule.
[Amended 4-8-1985 by Ord. No. 85-2; 2-7-1994 by Ord. No. 94-2]
C.
The Animal Control Officer is authorized, in their
discretion, to issue citations to the owners of dogs and cats for
violation of any animal control regulation herein, which citation
may be paid by mail.
[Added 1-6-1992 by Ord. No. 91-22; amended 11-14-1994 by Ord. No. 94-14]
Complete records of the Town's animal control
program, including those at the animal shelter as deemed appropriate
by the Town Manager, shall be maintained by those departments designated
by the Town Manager.
The Animal Control Officer shall have the discretion
to transport domestic animals in need of medical attention to an appropriate
care facility. The cost of such care shall be borne by the owner of
the animal. Injured wild animals shall be disposed of in a humane
manner. Disposal of dead animals shall be accomplished in an appropriate
manner.
[Added 4-3-2000 by Ord. No. 00-1]
A.
It shall be the duty of each person who owns, possesses
or controls a dog to remove and dispose of any feces left by the dog
on any sidewalk, street, beach, park, cemetery or other public area.
It shall further be the duty of each person who owns, possesses or
controls a dog to remove and dispose of any feces left by the animal
on any private property neither owned nor occupied by such person.
B.
No person who owns, possesses or controls a dog shall
appear with such dog in any public area or private property neither
owned nor occupied by such person without such means of removal of
any feces left by such dog.
C.
This section shall not apply to a licensed dog accompanying
any handicapped person who, by reason of their handicap, is physically
unable to comply with the requirements of this section.
[Added 5-9-2011 by Ord. No. 2011-2]
A.
The owner of any house lot containing at least one dwelling may keep
or permit to be kept on the house lot no more than six chicken hens.
B.
Subsection A of this chapter shall be construed to prohibit the raising and/or keeping of roosters.
C.
All chicken hens must be provided with both a hen house (coop) and
a fenced outdoor enclosure, subject to the following provisions:
(1)
The hen house must be covered, predator-resistant and well-ventilated.
It shall be no more than eight feet in height and a maximum of 64
square feet in area;
(2)
The fence made of chicken wire or a stronger substance shall be no
more than six feet in height;
(3)
The hen house must provide a minimum of two square feet per chicken
hen;
(4)
The hen house must be kept clean, dry, and sanitary at all times;
(5)
The hen house must be located upon a permeable surface that prevents
waste run-off;
(6)
The fenced enclosure must adequately contain the chicken hens at
all times;
(7)
The fenced enclosure must be kept clean and sanitary at all times;
(8)
The hen house must provide the chicken hens with adequate protection
from the elements and inclement weather and provide for the chicken
hens good health and prevent any unnecessary or unjustified suffering;
(9)
The hen house shall not be built onto any shared fence;
(10)
The setbacks for the hen house and enclosed area shall be those
for the principal dwelling located on the house lot.
D.
No chicken hens may be kept or raised within the dwelling.
E.
The owner of the hen(s) must be a resident of the dwelling located
on the house lot.
F.
The raising of chicken hens shall be restricted to back yards or
side yards; chicken hens shall not be permitted, at any time, on the
part of the property directly abutting a main road.
G.
The keeping of chicken hens pursuant to this section shall be primarily
for the purpose of raising chicken hens and collecting the eggs produced
thereof; this section shall not be construed to allow for the commercial
slaughter and sale of any chicken hens for any purpose.
H.
Necessary euthanasia of chicken hens shall be performed by a veterinarian
licensed to practice in the State of Rhode Island.
J.
The Town Manager, on the advice of the animal control officer, shall
promulgate a registration process as a condition precedent to the
construction of hen houses and keeping of chicken hens. Such registration
shall include:
[Added 1-7-2020 by Ord. No. 2019-26]
A.
Description and purpose. The purpose of this section is to establish
sound beekeeping practices in the Town of Barrington, which are intended
to avoid problems that may otherwise be associated with the keeping
of bees in populated areas. Where honey bees are of benefit to mankind,
by providing agriculture, fruit and garden pollination services, and
by furnishing honey, wax and other useful products, and gentle strains
of honey bees can be maintained within populated areas in reasonable
densities without causing a nuisance if the bees are properly located
and carefully managed and maintained, the Town allows such use when
in accordance with this section and only when in compliance with all
applicable rules and regulations of the Town and state. Notwithstanding
compliance with the various requirements of this section, it shall
be unlawful for any beekeeper to keep any colony or colonies in such
a manner or of such a disposition as to cause a public nuisance, and/or
so as to cause any unhealthy condition, interfere with the normal
use and enjoyment of human or animal life of others or interfere with
the normal use and enjoyment of any public property or property of
others.
B.
State regulation and registration. The establishment of apiaries
and the keeping of bees in the Town of Barrington shall be governed
by § 4-12-1 et seq., of the Rhode Island General Laws which
regulates apiculture and R.I.G.L. 1956, § 4-12-12 which
requires that all apiaries in the state are registered with the director
of the Department of Environmental Management.
