[Adopted 8-13-1991 by Ch. No. 983 as §§ 3-20
through 3-24 of the 1991 Code (Ch. No. 1322)]
It is hereby declared:
A.
That dogs possessing an aggressive nature are a threat
to the safety and welfare of citizens of the Town, in that aggressive
dogs have in recent years assaulted without provocation and injured
numerous individuals, and have killed numerous other animals. Many
of these attacks have occurred in public places as well as on private
property.
B.
That the number of these attacks are attributable
to the failure of owners to register, confine and properly control
aggressive dogs.
C.
That there is the necessity for the regulation and
control of aggressive dogs by the Town and that existing ordinances
are inadequate to deal with the threat to public health and safety
posed by aggressive dogs.
The following words and terms shall be defined
as follows:
A "vicious dog" as defined in RIGL 4-13.1-2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A fence of at least six feet in height, forming or causing
a barrier suitable to prevent the entry of young children, and suitable
to confine an aggressive dog in conjunction with other measures which
may be taken by the owner or keeper, such as tethering of the aggressive
dog. The enclosure shall be securely locked and designed to prevent
the animal from escaping and act as an exercise run. This enclosure
shall have a cement patio to prevent the dog from burrowing, a rooftop
enclosure and shall be not less than 100 square feet.
A.
The owner or keeper of any dog falling within the
definition of "aggressive dog" herein shall display a sign on his
or her premises warning that there is an aggressive dog or guard dog
on the premises. The sign shall be visible and capable of being read
from the public highway.
B.
Such owner or keeper shall, on or prior to the effective
date of the licensing of the animal, have an enclosure as defined
herein for the aggressive dog on the property where the aggressive
dog will be kept or maintained.
C.
Such owner or keeper shall notify the licensing authority
and the Animal Control Officer or Police Department within one hour
if an aggressive dog is on the loose, has attacked a human being,
has died or has been sold or given away; the owner or keeper shall
also provide the licensing authority with the name, address and telephone
number of the new owner of the dog.
D.
At any time when an aggressive dog is not in its enclosure,
the animal must be securely muzzled and restrained with a leash or
chain having a minimum tensile strength of 300 pounds and not exceeding
three feet in length, and shall be under the direct control and supervision
of the owner or keeper of the vicious dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Animal Control Officer is hereby empowered to
make whatever inquiry is deemed necessary to ensure compliance with
the provisions of this article, and any such Animal Control Officer
is hereby empowered to seize and impound any aggressive dog whose
owner or keeper fails to comply with the provision hereof.
B.
The owner of any animal who is guilty of any violation
of this article shall be fined a sum of $500 and shall provide satisfactory
evidence to the Animal Control Officer that liability insurance is
in effect for not less than $25,000.
C.
In the event that the owner or keeper of an aggressive
dog refuses to surrender the animal to the Animal Control Officer,
the Animal Control Officer may request a police officer to obtain
a warrant from the Municipal Court Judge of the Town of Westerly and
to seize the dog upon execution of the warrant.
