As used in this article, the following terms
mean:
ANIMAL SHELTER
Any premises designated by the Town Administrator for the
purpose of impounding and caring for all animals found running at
large or as otherwise provided by this article or applicable state
laws.
AT LARGE
Any dog shall be deemed to be at large when he is off the
property of his owner and not under the leash control of a competent
person.
ENCLOSURE
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 a vicious 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 and also a rooftop.
EXPOSED TO RABIES
Any dog, cat or other mammal which has been bitten by, or
had direct contact with, a rabies target species (raccoon, skunk,
woodchuck, fox or bat), or other dog or cat known to have been infected
by the rabies virus.
KENNEL
Any person, group of persons or corporation engaged in the
commercial business of breeding, buying, selling or boarding dogs.
OWNER
Any person, or group of persons or corporation owning, or
allowing the keeping or harboring of, a dog, dogs or other animals.
RABIES SUSPECT
Any dog, cat or other mammal which exhibits central nervous
system dysfunction, excessive salivation, unusual behavior or aggressiveness
or other symptoms indicative of a rabies infection.
RESTRAINT
A dog is considered under restraint within the meaning of
this article if he is controlled by a lead or leash, or within a vehicle
being driven or parked on the streets, or within the property limits
of its owner or keeper.
STERILIZED
Any animal which has been surgically altered so as to render
it incapable of producing offspring.
VICIOUS DOG
Any dog with a known propensity, tendency or disposition
to attack unprovoked, or which approaches in an apparent attitude
of attack so as to cause injury to, or assaults a human being or domestic
animal without provocation on public or private property, or any dog
which is harbored primarily or in part for the purpose of dog fighting
or any dog trained for dog fighting.
The provisions of this article shall be enforced
by the Animal Control Officer(s) of the Town of Lincoln, who shall
be appointed by the Town Administrator and who shall be an employee
of the Department of Public Works. A Division of Animal Control is
herewith established within the Department of Public Works. The Animal
Control Officer will, after appointment, become a special police officer
of the Town of Lincoln and shall be provided with, allowed to qualify
for and carry firearms for the performance of his or her duties.
[Amended 11-22-2011 by Ord. No. 2011-14; 11-15-2022 by Ord. No. 2022-7]
A. The owner or custodian shall keep his/her dog under restraint at
all times and shall not permit such dog to be at large, off the premises
or property of the owner, unless under the leash control of a competent
person.
B. Places where dogs are not allowed; exceptions
(1) No dogs shall be allowed on any athletic playing fields located on
public property, whether at large or under restraint, with the exception
of certified working dogs trained to assist a disabled individual
or working in connection with law enforcement activities.
C. The Animal Control Officer or police officer may issue a citation to any owner or custodian found to be in violation of §
75-7A and
B above. The citation shall be issued in accordance with the following pecuniary penalties:
[Amended 5-16-2023 by Ord. No. 2023-4]
(1) A first offense within a calendar year shall carry a penalty of $50;
(2) A second offense within a calendar year shall carry a penalty of
$100; and
(3) A third and each subsequent offense within a calendar year shall
carry a penalty not to exceed $250.
D. All persons charged with a violation may pay such fine by mailing
the tag and the amount of such violation, within 15 days from such
violation, in person at the Town of Lincoln Clerk’s office or
mailed to the Lincoln Municipal Court, 100 Old River Road, Lincoln,
Rhode Island.
[Amended 5-16-2023 by Ord. No. 2023-4]
E. Any person receiving a citation under the provisions of this article
shall have the right to appeal the finding of violation within 15
days of service of the notice thereof. Such appeals shall be taken
to the Municipal Court.
Any animal impounded hereunder may be reclaimed
as herein provided upon payment by the owner to the Finance Director
of the cost of keeping the animal for the period detained.
It shall be the duty of every physician or other
health care provider to report to the Animal Control Division the
names, addresses and phone numbers of persons treated for bites inflicted
by mammals, together with such other information as will be helpful
in rabies suppression.
It shall be the duty of every licensed veterinarian
to report to the Animal Control Division his or her diagnosis of any
animal observed as rabies suspect, or presented for the treatment
of bite wounds, or bite-like wounds of unknown origin, or any animal
having had direct contact with a rabies target species.
For the purpose of discharging the duties imposed
by this article, and to enforce its provisions, any agent of the Animal
Control Division, or any police officer, is empowered to enter upon
any premises where a dog is kept or harbored and to demand the exhibition
by the owner of the dog, its rabies vaccination certificate and license
and, in the case of cats and ferrets, be empowered to enter upon any
premises and to demand the exhibition by the owner of a rabies vaccination
certificate. It is further provided that any agent of the Animal Control
Division, or a police officer, may enter a premises where any animal
is kept in a reportedly cruel or inhumane manner and demand to examine
such animal and to take possession of such animal when, in his or
her opinion, it requires humane treatment.
No person shall interfere with, hinder or molest
the Animal Control Officer(s) in the performance of any duty of such
agent, or seek to release any animal in the custody of the Animal
Control Division or nullify or amend violations of the Animal Control
Division, except as herein provided.
Any person violating any provision of this article
shall be deemed guilty of a misdemeanor and punished by a fine not
exceeding $250, and if such violation be continued, each day's violation
shall be a separate offense.