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.
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 Official 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; 2-14-2011 by Ch. No. 1741; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
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 as provided in Chapter
121, Fee Schedule.
B. Pursuant to the mandates of RIGL 4-24-9, a surcharge as provided in Chapter
121, Fee Schedule, 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.
C. A fine as provided in Chapter
121, Fee Schedule, shall be collected along with the license fee and surcharge for each dog whose registration is not renewed during the month of April.
D. Lost tags may be replaced upon payment of a fee as provided in Chapter
121, Fee Schedule.
E. No fee shall be charged to license guide dogs used
by persons with disabilities.
[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 101 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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]
[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 and other
dogs assisting the disabled excepted.
[Amended 11-3-2008 by Ch. No. 1660; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
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]
[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.
[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.
[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.
[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.