As used in this chapter the following terms
shall have the meanings indicated:
ADEQUATE FOOD
The provision at suitable intervals, not to exceed 24 hours,
of a quantity of wholesome foodstuff suitable for the species and
age, sufficient to maintain a reasonable level of nutrition in each
animal. The foodstuff shall be served in a sanitized receptacle, dish,
or container.
[Added 12-12-2011 by Ord. No. 2011-31]
ADEQUATE SHELTER
Access to a structure that is the proper size for the animal,
impervious to moisture, has protection from the direct rays of the
sun, has a wind break at the entrance, maintains sealed containers
for food and waste, and is kept in a clean manner so as not to constitute
any health risks, create excessive odors, noises or other nuisance.
This includes but is not limited to a dog house, barn, garage, shed,
coop or other structure sufficient to protect the animal from the
wind, snow, rain or sun and that has adequate bedding to protect against
cold and dampness.
[Added 12-12-2011 by Ord. No. 2011-31; amended 11-10-2014 by Ord. No.
2014-11]
ADEQUATE WATER
A constant access to a supply of clean, fresh, potable water
provided in a sanitary manner or provided at suitable intervals for
the species not to exceed 24 hours at any interval.
[Added 12-12-2011 by Ord. No. 2011-31]
AMBIENT TEMPERATURE
The temperature surrounding the animal.
[Added 12-12-2011 by Ord. No. 2011-31]
ANIMAL
Any animal, including but not limited to pets and farm animals.
[Added 11-10-2014 by Ord. No. 2014-11]
ANIMAL CONTROL OFFICER
The person or persons employed by the Town of Johnston as
its enforcement officer and shall include any police officer of the
Town of Johnston.
[Amended 2-11-2002 by Ord. No. 2002-1]
AT LARGE
Any animal off the property of its owner and not under restraint
as hereinafter defined.
[Amended 2-11-2002 by Ord. No. 2002-1; 11-10-2014 by Ord. No. 2014-11]
EXPOSED TO RABIES
An animal has been exposed to rabies within the meaning of
this chapter if it has been bitten by, or been exposed to, any animal
known to have been infected with rabies.
[Amended 11-10-2014 by Ord. No. 2014-11]
FARM ANIMALS
Any animal which may be used for sustenance, a commercial
food operation, or agriculture or is not generally understood to be
a domesticated pet that occupies the primary residential structure
on the property. Farm animals include but are not limited to cows,
sheep, goats, ducks, chickens, and the like.
[Added 11-10-2014 by Ord. No. 2014-11]
KEEPER or CUSTODIAN
Any person or agency that harbors, feeds, maintains or is
responsible for controlling a dog or other animal.
[Added 12-12-2011 by Ord. No. 2011-31]
KENNEL
Any person, group of persons, or corporations engaged in
the commercial business of breeding, buying, selling or boarding pets.
MINIMUM CARE
Care that is sufficient to preserve the health and well-being
of any animal, to preserve the health and well-being of any persons
living on the property, and prevents the creation of any excessive
noise, odors, or other nuisance, and except for emergency situations
beyond the reasonable control of the owner and/or guardian.
[Added 12-12-2011 by Ord. No. 2011-31; amended 11-10-2014 by Ord. No.
2014-11]
MINIMUM VETERINARY CARE
Veterinary care that is deemed necessary by a reasonably
prudent person to relieve distress from injury, neglect or disease.
[Added 12-12-2011 by Ord. No. 2011-31]
OWNER
Any person, group of persons, or corporation owning, keeping
or harboring any animal.
[Amended 11-10-2014 by Ord. No. 2014-11]
PET POUND
Any premises designated by action of the Town for the purpose
of impounding and caring for all animals found running at large in
violation of this chapter.
PET(S)
Any domesticated animal(s) kept inside the primary residential
structure of the property. Pets include animals such as dogs, cats,
ferrets, fish and the like.
[Amended 11-10-2014 by Ord. No. 2014-11]
RESTRAINT
A pet is under restraint if it is:
[Amended 2-11-2002 by Ord. No. 2002-1]
A.
Controlled by means of a leash securely connected
to the pet and held by a person physically capable of retaining control;
or
B.
Within a vehicle being driven or parked on the
streets; or
C.
In a building or within a fenced enclosure on
the property of its owner, which building or fence is adequate to
prevent the pet from escaping therefrom; or
D.
By means of a chain, rope, or similar materials,
limited to the boundaries of its owner.
SPAYED FEMALE
Any bitch which has been operated upon to prevent conception.
[Added 12-12-2011 by Ord. No. 2011-31]
TETHER
A rope to chain or otherwise to halter a dog allowing it
a reasonable range in which to move that is generally two lengths
from nose to tail.
[Added 12-12-2011 by Ord. No. 2011-31]
[Amended 2-11-2002 by Ord. No. 2002-1]
The provisions of this chapter shall be enforced
by the Animal Control Officer of the Town of Johnston and any police
officer of the Town.
[Amended 11-9-1998 by Ord. No. 1048; 2-11-2002 by Ord. No. 2002-1; 12-12-2011 by Ord. No. 2011-31]
Any animal impounded hereunder may be reclaimed
as herein provided upon payment by the owner to the Animal Control
Officer the sum of $35 plus an additional sum of $10 for each day
such animal has been impounded. Such fees shall be collected by the
Animal Control Officer for the Town of North Providence.
[Amended 2-11-2002 by Ord. No. 2002-1]
It shall be the duty of every physician or other
medical practitioner to report to the Animal Control Officer at 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 2-11-2002 by Ord. No. 2002-1]
It shall be the duty of every licensed veterinarian
to report to the Animal Control Officer any animal considered by him
to be a rabies suspect.
The owner or keeper of a pet shall have the
animal vaccinated not earlier than three months of age nor later than
four months of age and at regular intervals thereafter as prescribed
by the regulations of the Rabies Control Board but at no time to exceed
recommendations made by the most current compendium of animal rabies
control. No pet shall be permitted within the Town limits unless such
pet shall have been vaccinated or immunized in the manner set forth
in this chapter.
The vaccination or immunization referred to in §
98-12 of this chapter shall be by a 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 inoculation or vaccination, shall show the rabies tag number, the sex and breed of pet 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 health officer or the veterinarian administering the same.
No license shall be issued for any pet required
to be licensed in Town unless the person making application therefor
shall first present the Police Department of the Town or other person
duly authorized to issue such license a current certificate of vaccination
or inoculation, as provided in this chapter, for the pet for which
such license is requested. Such certificate shall certify that the
pet for which the license is to be issued has been properly vaccinated
or inoculated in accordance with the provisions of this chapter.
It shall be unlawful for any person to own,
keep or harbor any pet over four months old within the Town unless
such pet shall have been vaccinated or inoculated in accordance with
the provisions of this chapter. Any person violating the provisions
of this section shall be fined not less than $200 nor more than $500
for each offense.
[Amended 2-11-2002 by Ord. No. 2002-1]
Any pet over four months old found within the limits of the Town without evidence that such pet has been vaccinated or inoculated in accordance with the provisions of this chapter shall be impounded by the Animal Control Officer or other authorized person for a period not exceeding five days during which time such pet may be returned to its owner upon proof of ownership, vaccination of the pet and payment by such owner of the fees provided in this chapter. At the expiration of the five-day period above-mentioned, any pet not so claimed by its owner may be disposed of in accordance with §
98-5C hereof.
[Amended 2-11-2002 by Ord. No. 2002-1]
A. It shall be unlawful to allow or permit any animal/pet
to trespass on private and public property so as to damage or destroy
any property or item of value and the same is hereby declared to be
a nuisance and any such animal may be impounded by the Animal Control
Officer. Whenever an animal/pet digs, scratches or excretes, or causes
waste or garbage to be scattered, on the property of another, other
than the rightful owner, it will result in a mandatory appearance
before the Johnston Municipal Court and shall be subject to a fine
not to exceed $50 plus applicable court costs.
B. If a pet (see §
98-1 for definitions) growls, snaps at, runs after any person, runs after or chases any bicycles, motor vehicles, motorcycles, or any other vehicle being driven, the owner or keeper will be cited and it will result in a mandatory appearance before the Johnston Municipal Court and shall be subject to a fine not to exceed $50 plus applicable court costs.
C. If a pet alone or in a pack with other pets bites
or preys upon game animals, domestic animals, fowl, or human beings,
the dog's owner or keeper will be cited and it will result in a mandatory
appearance before the Johnston Municipal Court and shall be subject
to a fine not to exceed $100 plus applicable court costs.
D. Nuisance: whenever any animal creates a substantial interference
with another person's reasonable expectation of the use and enjoyment
of their land as a result of a pattern of excessive odor, noise, creation
of an infestation or other such nuisance, due to the animal owner's
neglect, failure to maintain adequate shelter, or failure to provide
minimum care.
[Added 11-10-2014 by Ord. No. 2014-11]
E. Penalties and fines. It shall be unlawful for any owner of any animal(s)
to allow an animal to create a nuisance. The owner of any animal that
created such a nuisance will be cited by the Animal Control Officer.
Upon citation, the owner must appear before the Johnston Municipal
Court, which shall determine if the owner has cured the nuisance or
if the animal(s) shall be impounded by the Animal Control Officer.
If any owner receives more than one citation within a period of one
calendar year, the animal(s) shall be impounded by the Animal Control
Officer. The owner shall also be liable for a fine not to exceed $100
for each citation plus applicable court costs.
[Added 11-10-2014 by Ord. No. 2014-11]
F. Duty to mitigate. Upon receipt of a citation from the Town of Johnston
Animal Control Officer, any owner cited under this chapter must, within
seven days of notice, to the best of his or her ability, mitigate
any possibility of repeating the offense. If an owner is cited for
the creation of a nuisance, the owner must make every effort to protect
the other person's reasonable expectation of the use and enjoyment
of his or her land by any means necessary to cure the nuisance, such
as improving the shelter or moving the shelter out of sight of abutters,
or taking substantial preventative measures to cure noise, odor, infestation,
or other nuisances.
[Added 11-10-2014 by Ord. No. 2014-11]
[Amended 2-11-2002 by Ord. No. 2002-1]
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 (but such authority should not include the right to enter
any residence on such premises) to examine a pet 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 pet
or other animal and remove it from such premises.
[Amended 2-11-2002 by Ord. No. 2002-1]
A. 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, or seek to release any animal in the custody
of the Animal Control Officer or any police officer, except as herein
provided.
B. Except as otherwise provided herein, any person who
shall interfere with, hinder, or molest the Animal Control Officer
or any police officer of this Town in the performance of his duties
shall be subject to a mandatory appearance before the Johnston Municipal
Court and shall be subject to a fine not to exceed $100 plus applicable
court costs.
[Amended 2-11-2002 by Ord. No. 2002-1]
A. 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 its custody.
B. 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 of the same.
[Amended 2-11-2002 by Ord. No. 2002-1]
A. Every owner or keeper of a pet shall annually in the
month of April cause that pet 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 a license so issued $5, and all licenses issued
under this provision shall be valid during the then current year;
provided that any person who shall become the owner or keeper of a
pet shall cause the same to be licensed as aforesaid within 30 days
after he or she becomes the owner or keeper; provided, further, that
no license shall be issued under this section unless the pet has been
inoculated against rabies for the period during which said license
would be valid.
B. Every person owning or keeping a pet not licensed
according to the provisions of this chapter shall be fined $30 for
the first offense and any subsequent offense within a twelve-month
period would require an appearance before the Johnston Municipal Court
with a minimum fine of $60 plus court costs.
[Amended 2-11-2002 by Ord. No. 2002-1; 12-12-2011 by Ord. No. 2011-31]
A. Minimum care of animals.
(1) The owner or guardian 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 said
animal, which will allow and foster normal growth and maintenance
of body weight.
(2) The owner or guardian of an 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 not to inhibit comfortable
rest, normal posture and range of movement or pose a danger to or
entangle an animal, as set by the industry standard for the environmental
health scale set forth in the Tufts Animal Care and Conditions Scale
(TACC).
(3) The owner 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 TACC.
B. Sheltering, tethering and nourishment of dogs.
(1) 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 water for use by such dog.
(2) 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 TACC.
C. Fines. Any person violating these provisions shall be subject to
fines not less than $200 nor more than $500 for each offense.