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Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[Adopted 8-13-1991 by Ch. No. 983 as §§ 3-1 through 2-19 of the 1991 Code (as amended through Ch. No. 1250)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL CONTROL OFFICER
The person employed by the Town as its officer for the enforcement of this article, and shall include any police officer of the Town or any other person designated by the Town Council or Town Manager who is adequately qualified.
[Added 2-14-2011 by Ch. No. 1741]
AT LARGE
Any animal off the property of its owner and not under restraint, except when it is on the property of another person who is agreeable to its presence.
BREEDER
A person engaged in the propagation of purebred dogs or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, or a registered cat breed association.
DANGEROUS ANIMAL
Any nontypical domestic pet, including, but not limited to, alligators, crocodiles, caiman, venomous snakes, venomous insects and the like.
[Added 1-26-2009 by Ch. No. 1662]
DOG POUND
Any premises designated by action of the Town Council for the purpose of impounding and caring for all animals found running at large in violation of this article.
DOMESTIC ANIMAL WARDEN
The person employed by the Town as its officer for the enforcement of this article, and shall include any police officer of the Town or any other person designated by the Town Council or Town Manager who is adequately qualified.
EXPOSED TO RABIES
An animal who has been exposed to rabies, within the meaning of this article, if it has been bitten by, or exposed to, any animal determined by a competent authority to have been infected with rabies.
HOBBY BREEDER
Those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only; provided, however, that said method and sale occurs in a zoning district permitting said use, and the Zoning Inspector has so authorized, and is also authorized by the Town Council.
KENNEL
Any person, group of persons, or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs in return for a fee.
LEASHED
Any animal which has a cord, chain or leash attached to or affixed to its collar or harness and is held or being led by a person capable of controlling the animal.
LIVESTOCK
Cattle, cows, sheep, swine, horses, mules, goats, and any other animal which can or may be used in and for the preparation of meat or meat products.
OWNER
Any person, group of persons, or corporation owning, keeping or harboring an animal.
PRIMARY ENCLOSURE
Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch.
RESTRAINT
Any animal which is controlled or at “heel” beside a competent person and obedient to that person’s commands, when it is leashed, within a motor vehicle or on the property of its owner or keeper, or on the property of a person other than its owner or keeper, provided that such person is agreeable to the animal’s presence. If owners are unable to keep their animals on their own property when not under control of a competent person, then a restraint mechanism shall be required. Hunting dogs (hounds, bird dogs and retrievers) in the process of training or when in legal pursuit of wild game in season are considered under restraint.
SANITIZE
To make physically clean and to remove and destroy to a practical minimum agents injurious to health.
SPAYED FEMALE
Any female animal which has had an ovarian hysterectomy to prevent conception.
VETERINARIAN
A veterinarian licensed to practice under the laws of the state.
[Amended 2-14-2011 by Ch. No. 1741]
The provisions of this article shall be enforced by the Animal Control Officers and police officers of the Town.
[Amended 8-9-2005 by Ch. No. 1548; 9-25-2006 by Ch. No. 1584[1]]
A. 
Pursuant to the mandates of RIGL 4-13-4, the Town hereby requires that all dogs within its jurisdiction shall be licensed during the month of April. The fee for such license shall be $5 for a neutered male and/or spayed female and $10 for an unspayed female and/or unneutered male.
[Amended 2-14-2011 by Ch. No. 1741]
B. 
Pursuant to the mandates of RIGL 4-29-9, a surcharge of $1 shall be collected on each dog license, and the revenue from said surcharge shall be deposited in the Town's spay/neuter account to fund low-cost spay/neuter programs.
[Amended 2-14-2011 by Ch. No. 1741]
C. 
A fine of $25 shall be collected along with the license fee and surcharge for each dog whose registration is not renewed during the month of April.
[Amended 2-14-2011 by Ch. No. 1741]
D. 
Lost tags may be replaced upon payment of a fee of $1.
[Amended 2-14-2011 by Ch. No. 1741]
E. 
No fee shall be charged to license guide dogs used by sensory-impaired and handicapped persons.[2]
[2]
Editor's Note: Former Subsection F, Licensing and insurance requirements for certain canines, added 1-26-2009 by Ch. No. 1662, which immediately followed this subsection, was repealed 9-23-2013 by Ch. No. 1794.
[1]
Editor's Note: This ordinance also stated that it shall take effect 4-1-2007.
[Added 1-26-2009 by Ch. No. 1662]
The sale, housing, ownership or possession of any dangerous animal, as defined by this chapter, within the Town, shall be prohibited, and any person or persons selling, housing, owning or possessing said animal(s) shall be in violation of this section and shall be subject to a fine of $100 for each and every incident. Notwithstanding the foregoing, any exhibitor, educator, beekeeper or other duly licensed user or owner of said dangerous animal(s) shall be exempt.
[Amended 8-9-2005 by Ch. No. 1548; 2-14-2011 by Ch. No. 1741]
A. 
Any animal which is at large may be apprehended by the Animal Control Officer or police officer, impounded and confined in a humane manner for a period of 10 days. Animals not claimed by their owners or provided a new home within the specified time period may be disposed of in a humane manner under the direction of the Animal Control Officer. Such disposal will not permit either direct or indirect transmission to experimental laboratories of any kind. Disposition may be by transfer of title to a charitable organization for the protection, prevention of cruelty to or rescue of animals, having preference for any such organization in the Town or its immediately surrounding communities.
B. 
Immediately upon impounding an animal, the Animal Control Officer shall make every reasonable effort to notify the owner of the animal of the impoundment and to inform the owner of the conditions under which he may regain custody of the animal. Reasonable effort is met by placing a telephone call to the owner and sending a letter to the owner's last known address, provided such information is publicly available.
C. 
When an animal is at large and its ownership is known to or may be readily ascertained by the Animal Control Officer or police officer, such an animal need not be impounded, but the owner of such animal shall be in violation of this article and be subject to fines relating to the violation.
D. 
Any animal impounded under the provisions of this section may be reclaimed as herein provided, upon payment of established fines and pound fees for board, medicine and veterinarian care as appropriate, at the current normally established rate. Stray cats will be removed from property without a fee. Payment of fines will be made to the Town or to the Animal Control Officer prior to the release of the animal. Pound fees for board, medicine and medical care will be paid at the Animal Shelter.
E. 
Any animal impounded under the provisions of this article, and if ownership reclamation is not accomplished within 10 days after reasonable effort, may be placed in a new home with a new owner. Any fines will be waived for the new owner, but an adoption fee of $100 for a cat and $150 for a dog will be paid.
F. 
Any owner may have his animal impounded for the purpose of placing it in a new home, depending upon the conditions and space available in the animal shelter, for a fee of $10 per cat and a fee of $20 per dog. The animal will be made available for adoption immediately upon surrender. If the animal cannot be placed with a new owner, the animal may be humanely euthanized.
[Amended 2-24-2014 by Ch. No. 1805]
G. 
Cremation fees. The Animal Control Officer shall be permitted to charge the following bulk cremation fee for any animal brought to the animal control facility for disposal: $25 for any animal weighing 0 to 50 pounds; $35 for any animal weighing 51 to 100 pounds; and $50 for any animal weighing 100 pounds and greater. The disposal fee for individual cremation shall be as follows: $150 for 0 to 30 pounds; $180 for 31 to 70 pounds; $215 for 71 to 100 pounds; and $240 for 101 pounds and greater.
H. 
No dog, cat or ferret having been impounded for any reason shall be released to its owner without proof of current rabies vaccination for said animal. If proof of rabies cannot be established, then the owner of said animal shall be compelled to have said animal vaccinated at his or her expense prior to the animal's release from impoundment.
[Added 2-24-2014 by Ch. No. 1805]
A. 
The owner of an impounded animal shall be entitled to regain possession of the impounded animal, except as hereafter provided in the cases of certain animals, within a ten-day period and upon payment of fines and impoundment fees set forth in this article. Ten days is the normal time established for such animals to be reclaimed whose ownership can reasonably be established.
B. 
One who purports to be the owner of an impounded animal may establish his ownership by a license receipt, affidavits of neighbors, photographs, or any other documents which would lead the Animal Control Officer to reasonably conclude that the animal impounded is owned by the purported owner.
[Amended 2-14-2011 by Ch. No. 1741]
A. 
It shall be unlawful to allow or permit any animal to roam at large on any public highway, or to trespass on private or public property so as to damage or destroy any property or thing of value, and the same is hereby declared to be a nuisance and any such animal may be impounded by the Animal Control Officer or a police officer.
[Amended 2-14-2011 by Ch. No. 1741]
B. 
The keeping or harboring of any animal or fowl, whether licensed or not, which by continual howling, yelping, barking or other noises, or by continual noxious odor disturbs one or more persons is unlawful and is hereby declared to be a public nuisance, and each day of such disturbance or annoyance shall constitute a separate offense. Whenever such disturbance or annoyance shall be affirmed in writing by two or more persons residing in different dwellings and verified by the Animal Control Officer or a police officer if he finds such nuisances to exist, the owner or keeper of such animal or fowl shall be served notice that such nuisance must be abated within a period not to exceed three days after the service of such notice or be subject to a fine of $25 for each offense, after the third day, to be paid in accordance with § 76-19.
[Amended 2-14-2011 by Ch. No. 1741]
C. 
Any animal described in Subsection A of this section found at large may be impounded by the Animal Control Officer or police officer and may not be reclaimed by its owner without the express consent of the Animal Control Officer, Chief of Police or his designee.
[Amended 2-14-2011 by Ch. No. 1741]
D. 
Every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that the female animal cannot come in contact with another animal, except for intentional breeding purposes.
[Amended 2-14-2011 by Ch. No. 1741]
E. 
If a female animal, in accordance with Subsection A of this section, has been impounded, the animal shall remain impounded until her period of heat shall end, unless the owner shall reclaim said animal and provide satisfactory assurance to the Animal Control Officer that the animal will be confined for the remainder of her heat period.
[Amended 2-14-2011 by Ch. No. 1741]
F. 
Every fierce, dangerous or vicious dog, with a prior record of a bite, whether human or animal, shall be kept confined by its owner within a building or secure enclosure, and the owner shall not take the dog out of the building or secure enclosure unless the dog is securely muzzled.[1]
[1]
Editor’s Note: See Art. II, Aggressive Dogs, of this chapter.
G. 
When in the judgment of a veterinarian any animal should be destroyed for humane reasons, such animal may not be reclaimed and shall be destroyed. Under emergency conditions, the Animal Control Officer may destroy an injured or sick animal by approved means after making every reasonable effort to procure the services of a veterinarian, including transportation of the animal to a veterinarian's office. Every effort to communicate with the owner concerning the animal's condition must be made.
[Amended 2-14-2011 by Ch. No. 1741]
H. 
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 ordinances as shall be adopted by the Town Council. Any wild animal which escapes and is found at large may be destroyed by the Animal Control Officer or police officer following approved means.
[Amended 2-14-2011 by Ch. No. 1741]
A. 
Vaccination or immunization required. No dog, cat or ferret over three months of age shall be permitted within the Town limits unless such dog, cat or ferret shall have been vaccinated or immunized for rabies in the manner set forth in this section within a period of 12 months, if such a dog, cat or ferret has been vaccinated or immunized with the one-year vaccine, or within a period of 36 months, if such dog, cat or ferret has been vaccinated or immunized by the three-year vaccine. Violation of this regulation shall be punishable by a fine to be no less than $75 per offense.
[Amended 2-24-2014 by Ch. No. 1805]
B. 
Impoundment and redemption. Any dog over three months old found within the Town without evidence that such dog has been vaccinated or inoculated for rabies in accordance with the provisions of this article shall be impounded by the Animal Control Officer or any police officer for a period not to exceed 15 days, during which time such dog may be returned to its owner upon proof of ownership, rabies vaccination of the dog, payment by such owner to the Animal Control Officer of the sum of $75 and the additional sum of $6 for each day such animal is impounded. Any dog impounded under the provisions of this section and not reclaimed by its owner within 15 days may be offered for adoption or humanely euthanized by a veterinarian at the discretion of the Animal Control Officer.
[Amended 8-9-2005 by Ch. No. 1548; 2-14-2011 by Ch. No. 1741; 2-24-2014 by Ch. No. 1805]
C. 
Vaccine standards; certificate. The vaccination or immunization referred to in Subsection A shall be by a vaccine approved by the State Department of Health and shall be certified to by a licensed veterinarian. The certificate shall be dated as of the date of inoculation or vaccination, shall show the rabies tag number, the sex and breed of dog and the owner thereof, and whether the vaccine given is the one-year vaccine or the three-year vaccine, together with such other information as may reasonably be required by the State Department of Health or the veterinarian administering the same. Such certificate shall certify that the dog has been properly vaccinated or inoculated in accordance with the provisions of this section.
D. 
Certificate prerequisite to license. No license shall be issued for any animal required to be licensed unless the person making application therefor shall first present to the Town Clerk or other person duly authorized to issue such license a current certificate of vaccination or inoculation, as provided in this section, for the dog for which such license is requested.
E. 
Rabies clinic. The Animal Control Officer shall be permitted to charge an administration fee of up to $5 per vaccinated pet for the annual rabies clinic.
[Added 8-9-2005 by Ch. No. 1548; amended 2-14-2011 by Ch. No. 1741]
[Added 2-24-2014 by Ch. No. 1805]
Any cat over the age of three months residing or being harbored within the Town shall be spayed or neutered. The only exception shall be for those who have in their possession a current breeders permit or intact feline permit issued by the Animal Control Officer. The fine shall be $75 per offense. Any owner, keeper or guardian of a cat found to be unspayed or unneutered shall be subject to the fine and have no greater than 30 days to comply before being subjected to a second charge.
[Amended 7-11-2005 by Ch. No. 1545]
A. 
Prohibited on certain property; exceptions. Unless otherwise expressly permitted, animals are not allowed on public beaches, which shall include, for the purposes of this article, all of those lands within the Town of Westerly which are reserved to the public for lateral access along the shore and commonly known as the “public trust lands,” school properties or recreation areas. Exceptions:
[Amended 10-16-2006 by Ch. No. 1587; 6-2-2008 by Ch. No. 1643; 10-6-2008 by Ch. No. 1656]
(1) 
Registered dogs are allowed on public beaches, which shall include, for the purposes of this article, all of those lands within the Town of Westerly which are reserved to the public for lateral access along the shore and commonly known as the “public trust lands,” from the day after Labor Day to May 1 at any time and from May 2 to Labor Day from 6:00 p.m. until 8:00 a.m., but they must be on a leash and all droppings must be picked up and removed from the beach by the individual walking or having control of the dog. Notwithstanding any other provision herein, dogs are prohibited from any area demarcated by the United States Fish and Wildlife Service or its partners, designees and agents as piping plover nesting areas.
(2) 
Dogs are allowed in the Santo Algiere Recreation Area.
(3) 
Seeing Eye dogs, other dogs assisting the disabled and police dogs are allowed to attend their owner or custodian as needed.
(4) 
Registered dogs are allowed in the Town forest, but they must be on a leash and all droppings must be picked up and removed by the individual walking or having control of the dog.
[Added 9-26-2011 by Ch. No. 1757]
(5) 
Registered dogs are allowed on properties owned and/or managed by the Westerly Municipal Land Trust, unless posted otherwise, but they must be on a leash and all droppings must be picked up and removed by the individual walking or having control of the dog.
[Added 9-17-2018 by Ch. No. 1933]
B. 
Prohibited in commercial establishments; exceptions. No animals are allowed in any commercial establishments during hours of operation within the Town unless the animal is leashed, caged, or kept in an area of the establishment which is not accessible to the general public, so-called Seeing Eye and hearing aid dogs excepted.
[Amended 11-3-2008 by Ch. No. 1660]
C. 
Allowing dogs to run prohibited. No person owning, keeping or harboring a dog of whatever age shall allow such dog to go out on any highway or public place and growl, snap or bite, or otherwise annoy any person; or bark at, run in front of, run beside, run after or pursue any motor vehicle.
D. 
Penalty. Every person violating any provisions of Subsections A through C shall be subject to a fine of $25.
[Amended 2-14-2011 by Ch. No. 1741]
A. 
Destruction or confinement of suspected rabid dogs. Dogs bitten by a known rabid animal shall be immediately destroyed by the Animal Control Officer or, if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel approved by the Animal Control Officer for six months shall be enforced. If the dog was previously vaccinated within the time limits established by the Animal Control Officer, based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for 30 days shall be carried out. The head of the animal so destroyed shall be sent to the appropriate official of the state for examination and evaluation.
[Amended 2-14-2011 by Ch. No. 1741]
B. 
Extension of quarantine. In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six months.
C. 
Assumption of cost and responsibility for disposal of rabid animals. The owner of a dog or other animal who wishes to dispose of such animal shall be required to assume that responsibility and cost.
D. 
Killing or removal of rabid animals prohibited. No person shall kill, or cause to be killed, any rabid animal suspected of having been exposed to rabies, or any animal biting a human, except as herein provided, nor remove it from the Town limits without written permission from the Animal Control Officer.
[Amended 2-14-2011 by Ch. No. 1741]
E. 
Surrender of carcass. The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the Animal Control Officer.
[Amended 2-14-2011 by Ch. No. 1741]
F. 
Refusal or failure to surrender. 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.
[Amended 2-14-2011 by Ch. No. 1741]
[Amended 2-24-2014 by Ch. No. 1805]
Every owner or keeper of an animal shall maintain any enclosures for such animal in a sanitary condition at all times.
A. 
An owner 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 the normal growth and maintenance of body weight.
B. 
An owner, keeper 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 to inhibit comfortable rest, normal posture and range of motion 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 Condition Scale (TACC).
C. 
An owner, keeper 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).
D. 
Any owner, keeper or guardian of any animal shall provide suitable shelter for his or her animal; said shelter shall be adequate in size and provide relief from the sun, wind, rain and snow.
E. 
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 or food for use by said dog.
F. 
No person shall allow a dog to be kept outside tethered, penned, caged, fenced or otherwise confined for more than 30 minutes 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).
[Added 2-24-2014 by Ch. No. 1805]
Any violation of § 76-10 shall result in a fine of $100 for a first violation, $200 and seizure of animals for a second violation, and $400 and the seizure of the animals for a third violation. Second and subsequent violation of § 76-10 may be considered a violation of RIGL 4-1-2.
A. 
Duties to dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street, or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.
B. 
Duty to possess means of removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
C. 
Method of removal and disposal. For the purpose of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces, to a place specifically reserved for the disposal of canine feces, or to a place so designated as appropriate by the Department of Public Works.
D. 
Violations and penalties. Violation of this regulation shall be punishable by a fine to be imposed by the Westerly Municipal Court not exceeding $25 for the first offense, not exceeding $50 for the second offense within a year, not exceeding $75 for the third and any subsequent offenses within a year, to be recovered by action of debt or by complaint or warrant, to use as such Town Council may prescribe.
[Amended 8-9-2005 by Ch. No. 1548; 2-14-2011 by Ch. No. 1741]
E. 
Enforcement. The provisions of this section shall be enforced by the Animal Control Officer (See § 76-1, Definitions.), independently, or upon receipt of a verbal, personal or telephone communication from any resident of the Town complaining that any provision of this section has been or is being violated; and further, in consideration of protecting the anonymity of any complainant, other than the authorities so empowered under this section, any such complaint need not be in writing, nor is it required that any complainant identify himself or herself, other than to communicate the location of the violation for the purposes of enforcement.
[Amended 2-14-2011 by Ch. No. 1741]
F. 
Exemption. This regulation shall not apply to a licensed dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirement of this section.
[Amended 2-14-2011 by Ch. No. 1741]
It shall be the duty of every physician or other medical practitioner to report to the Animal Control Officer or to the Police Department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
[Amended 2-14-2011 by Ch. No. 1741]
It shall be the duty of every veterinarian to report to the Animal Control Officer any animal considered by him to be a rabies suspect.
[Amended 2-14-2011 by Ch. No. 1741]
A. 
No person shall willfully abandon, injure, abuse or run down any dog or domestic animal with his vehicle or willfully kill, injure, or abuse any such animal except as may be permitted by law, nor shall any person willfully poison any dog or domestic animal. Any person guilty of inhumane treatment of animals shall be reported to the Society for the Prevention of Cruelty to Animals (SPCA) and shall be penalized according to the statutes of the state or fined $250.
B. 
Anyone who kills or injures a dog or domestic animal while driving a motor vehicle shall stop at the scene of the accident and render such assistance as is practicable, make reasonable effort to locate and identify himself to the owner or any person having custody of the animal, and notify the Police Department or Animal Control Officer immediately. Any person not doing so shall be fined $250.
C. 
No person shall leave an animal in an unattended vehicle when the conditions prove to be hazardous to the animal's health and well-being. 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. The fine for this violation shall be $100 per offense.
[Added 2-24-2014 by Ch. No. 1805]
[Amended 2-14-2011 by Ch. No. 1741]
In the discharge of the duties imposed by this article, the Animal Control Officer or any police officer shall have the authority at all reasonable times to enter upon any premises (but such authority shall not include the right to enter any residence on such premises) to examine a dog or other animal which is in violation of a provision of this article. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from the premises.
[Amended 2-14-2011 by Ch. No. 1741]
No person shall interfere with, hinder or molest the Animal Control Officer or police officer in the performance of his or her duties, or seek to release any animal in the custody of the Animal Control Officer or police officer, except as provided in this article.
[Amended 2-14-2011 by Ch. No. 1741]
A. 
It shall be the duty of the Animal Control Officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation.
B. 
It shall be the duty of the Animal Control Officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his/her custody.
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 requirements of this article shall not apply to any dog belonging to a nonresident of the Town and kept within the Town for a period of less than 30 days, provided that all such dogs shall at all times be kept under restraint by the owner.
[Amended 2-14-2011 by Ch. No. 1741]
[Amended 8-9-2005 by Ch. No. 1548]
A. 
Except as otherwise provided herein, any person convicted of violating any provision of this article shall be punished by the payment of a mandatory pecuniary penalty as follows:
(1) 
For the first offense, a penalty of $25.
(2) 
For the second offense, a penalty of $50.
(3) 
For the third offense, a penalty of $75.
(4) 
For the fourth and any subsequent offense, a penalty of not more than $200.
B. 
Such pecuniary penalties shall be recovered by an action of debt, or by complaint and warrant, or paid by mail, to the use of the Town.
[Amended 2-14-2011 by Ch. No. 1741]
[Amended 2-14-2011 by Ch. No. 1741]
All complaints made under the provisions of this article shall be made to the Animal Control Officer or police officer and may be made verbally; provided, however, that such complaint shall be, within 48 hours, 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.
[1]
Editor's Note: Former § 76-21, Removal of trapped animals; fee, was repealed 8-9-2005 by Ch. No. 1548.
A. 
No person shall keep any livestock on any lot or parcel of land located within the Town unless the boundaries of the enclosure within which such livestock is kept is at least 100 feet from the nearest residence located on a lot or parcel of land upon which such enclosure is located or from any residences on a lot or parcel of land immediately bordering that lot or parcel of land upon which the enclosure is located. The proper zone must be identified for this use.
B. 
No piggery shall be located, constructed or maintained any part of which is within 600 feet of the high-water mark of any source of drinking water supply or any tributary thereof, or within 600 feet of the high-water mark of any open waters flowing directly or ultimately into any source of water supply.
C. 
No pigs shall be kept within 50 feet of any room where milk is handled. No person who handles milk shall assist in the maintenance of pigs or the cleaning of pens.
A. 
No person, firm or corporation shall keep, maintain or harbor any chickens, geese, ducks, rabbits, or other type fowl on any lot or parcel of land located within the Town of Westerly, unless the boundaries of the enclosure within which such chickens, geese, ducks, rabbits, or other fowl are to be kept shall be at least 100 feet from the nearest residence, located on a lot or parcel of land adjacent to the lot or parcel of land upon which such enclosure is located, and said parcel is in the proper zone.
B. 
The enclosure in which such chickens, geese, ducks, rabbits and other fowl are kept shall be maintained in a clean and sanitary condition at all times.
C. 
No person, firm or corporation being the owner or having control of any chickens, geese, ducks, rabbits, or other fowl shall permit or suffer the same to run at large within the Town of Westerly.
D. 
Nothing herein contained shall prohibit the keeping of less than 35 chickens, geese, ducks, rabbits, or other fowl for the sole use of the person keeping and maintaining such chickens, geese, ducks, rabbits, or other fowl, provided that the enclosure in which they are kept or maintained shall be at least 100 feet from the nearest residence located on a lot or parcel of land adjacent to that lot or parcel of land upon which such enclosure is located.
E. 
Any person who shall violate any provision of this section shall be fined not less than $5 nor more than $10 for each violation thereof. Each 24 hours, or any portion thereof, during which this provision shall be violated shall constitute a separate and distinct violation.
[Amended 2-14-2011 by Ch. No. 1741]
[Added 2-14-2011 by Ch. No. 1741]
All revenues from licenses, fees, fines, and penalties pursuant to this article will be deposited in the Animal Shelter Fund and shall be used by the Town for the care and feeding of the animals at the Animal Shelter. Any remaining revenue collected which is unused during any calendar year shall remain in said account for use during the following year.