[Adopted 8-11-1999 by Ord. No. 99-10 (Ch. 3, Art. II, of the 1990 Code of Ordinances)]
As used in this article, the following terms
mean:
The person or persons employed by the Town as its enforcement
officers.
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.
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.
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.
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.
Any person, group of persons or corporation engaged in the
commercial business of breeding, buying, selling or boarding dogs.
Any person, or group of persons or corporation owning, or
allowing the keeping or harboring of, a dog, dogs or other animals.
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.
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.
Any animal which has been surgically altered so as to render
it incapable of producing offspring.
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.
A.
No person shall own, keep or harbor any dog within
the Town limits unless such dog is licensed as provided by state law.
Written application for such license shall be made to the Town Clerk
and include a current rabies vaccination certification, the name,
address and phone number of the owner and the name, breed, color,
age and sex of the dog. The license fee shall be paid at the time
of making the application, and a numbered receipt given to the applicant,
and a numbered metallic tag shall be issued to the owner.
B.
The yearly license fee shall be as established by
state law.
C.
Every person, group of persons or corporation engaged
in the commercial business of buying, selling, breeding or boarding,
and who owns, harbors or keeps dogs in a kennel, shall pay an annual
kennel license fee as established by state law.
D.
All dog licenses and kennel licenses shall be issued
as provided by state law.
E.
No person shall use for any dog a license receipt
or license tag issued for another dog.
A.
Upon complying with the provisions of § 75-5 of this article, there shall be issued to the owner a numbered metallic tag, stamped with the year for which it is issued. The shape or design of such tag shall be changed from year to year.
B.
Every owner is required to see that the tag is securely
fastened to the dog's collar, or harness, which must be worn by the
dog at all times.
[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.
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.
A.
The keeping or harboring of any dog or other animal,
whether licensed or not, which by unreasonable and habitual howling,
yelping, barking or other noise disturbs or annoys another person
having a separate residence is unlawful and is hereby declared to
be a public nuisance, and each day of said nuisance shall constitute
a separate offense.[1]
B.
It shall be unlawful to allow or permit any animal
to trespass on private or public property so as to damage or destroy
any property or thing of value.
C.
Whenever it shall be alleged in writing by another
person having a separate residence, or regularly employed in the neighborhood,
that any animal is a nuisance by reason of barking, howling, yelping,
or other noise, trespassing, or causing damage to property, or in
any manner causing undue annoyance, the Animal Control Officer, if
he or she finds such nuisance to exist, shall serve notice upon the
owner/keeper that such nuisance must be abated.
A.
The owner or keeper of every known fierce, dangerous
or vicious dog shall confine such dog within a building or secure
enclosure, and not take such dog out of such building or secure enclosure
unless such dog is leashed and securely muzzled.
B.
The owner or keeper shall notify the Animal Control
Officer and the Police Department immediately if a vicious dog is
on the loose, has attacked a human being or domestic animal, has died,
been sold or given away. The owner or keeper shall also provide the
Animal Control Officer with the name, address and telephone number
of the new owner.
C.
The Animal Control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article, and to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions of this § 75-9. In the event that the owner or keeper refuses to surrender the animal to the Animal Control Officer, the Animal Control Officer may request a police officer to obtain a search warrant from a Justice of the District Court and to seize the dog upon execution of the warrant.
A.
Any dog found running at large shall be taken up by
the Animal Control Officer and impounded at the animal shelter designated
by the Town and there confined in a humane manner for a period of
not less than five days, and may thereafter be disposed of in a humane
manner if not claimed by an owner or keeper. Dogs and cats not claimed
by their owners before the expiration of five days shall become the
property of the Animal Control Division and may be disposed of at
the discretion of said authority, except as hereinafter provided in
the cases of certain dogs and cats.
B.
The Animal Control Officer may transfer title of all
animals held by it at its animal shelter to a humane organization
after the legal detention period has expired and the animal has not
been claimed by its owner or keeper.
C.
When dogs are found running at large and their ownership
is known to the Animal Control Officer, such dogs need not be impounded,
but the agent may, at his or her discretion, cite the owners of such
dogs to appear in court to answer to charges of violation of this
article.
D.
Immediately upon impounding dogs, or other animals,
the Animal Control Officer shall make every possible effort to notify
the owners of such dogs, or other animals so impounded, and inform
such owners of the conditions whereby they may regain custody of such
animals.
E.
Animals other than dogs and cats shall be impounded
when found running at large within the Town limits and disposed of
in accordance with state law.
A.
The owner shall be entitled to resume possession of any impounded dog, except as hereinafter provided in the cases of certain dogs, upon compliance with the license provisions in § 75-5 of this article and the payment of impoundment fees and or fines.
B.
Any other domestic animals impounded under the provision
of this article may be reclaimed by the owner upon the payment of
impoundment fees and or fines.
C.
Any animal impounded under the provisions of this
article and not reclaimed by its owner within five days may be humanely
destroyed by the Animal Control Officer, have its title transferred
to a humane organization as provided for in § 70-10B or
be placed in the custody of some person deemed to be a responsible
and suitable owner, who will agree to comply with the provisions of
this article, applicable state laws and such other regulations as
shall be fixed by the Town of Lincoln Animal Control Division, provided
that if the animal is one as to which the respective rights of the
owner and the person in possession or custody are determined by state
law, such law shall be complied with.
D.
The owner or keeper of an animal impounded by the
Animal Control Division who does not redeem the impounded animal within
the required holding period shall be responsible for the impoundment
and other legal fees incurred whether said animal is claimed or not.
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.
A.
Any dog, cat, or ferret under four months of age shall
be confined in such a manner that such dog, cat or ferret cannot come
into contact with a rabies target species. The aforesaid confinement
is to continue until 30 days after the animal has received its first
rabies vaccination.
B.
Every female dog or cat in heat shall be kept confined
in a home, veterinary hospital, boarding kennel or in such a manner
that such female dog or cat cannot come in contact with another animal,
except for intentional breeding purposes.
C.
No wild animals or hybrids may be kept within the
Town limits except under such conditions as shall be fixed by the
Animal Control Division, and the State of Rhode Island Department
of Environmental Management; provided, however, that wild animals
may be kept for exhibition purposes by circuses, zoos and educational
institutions in accordance with such regulations as shall be established
by the Town of Lincoln Animal Control Division.
A.
Every dog, cat, ferret or other mammal which bites a person shall be promptly reported to the Animal Control Division, and shall thereupon be securely quarantined at the direction of the Animal Control Officer for a period of 10 days, and shall not be released from such quarantine except by written permission of the Animal Control Officer. At the discretion of the Animal Control Officer, and in accordance with state law, such quarantine may be on the premises of the owner, at the shelter designated by the Town or, at the owner's option and expense, in a veterinary hospital. In the case of stray animals, or where the owner or keeper is unknown, or unavailable, such quarantines shall be at the shelter designated by the Town. Any animal not currently vaccinated when it enters a quarantine shall be immediately vaccinated upon its release from quarantine, except as provided in Subsection B.
B.
Dogs, cats and ferrets which do not have a current
rabies vaccination and have been exposed to, or have had direct contact
with, a rabies target species which tests positive for rabies, or
is unavailable for testing, shall be quarantined for six months in
a state-approved facility at the owner's expense. Said animal shall
be rabies vaccinated 30 days prior to its release from quarantine.
Dogs, cats and ferrets which are currently vaccinated and have been
exposed to, or had direct contact with, a rabies target species and
have a current rabies vaccination shall be required to be confined
for 45 days. At the discretion of the Animal Control Officer, said
confinement may be on the premises of the owner, at the shelter designated
by the Town or, at the owner's option and expense, in a veterinary
hospital.
C.
Upon demand made by the Animal Control Officer, the owner shall forthwith surrender any animal which has bitten a human being or domestic animal, or which is suspected as having been exposed to rabies, for supervised quarantine, which expense shall be borne by the owner. Said animal may be reclaimed by the owner when the animal is confirmed to be free of rabies, and upon payment of fees set forth in § 75-12 of this article, and upon compliance with licensing provisions set forth in § 75-5 of this article.
D.
When an animal under quarantine has been deemed rabies
suspect by the Animal Control Officer, or a licensed veterinarian,
and dies while under such observation, the Animal Control Officer
shall immediately send the head of such animal to the Rhode Island
Department of Health laboratory for pathological examination and shall
notify the Department of Environmental Management Animal Health Section,
and the Disease Control Division of the Department of Health, all
reports of human and domestic animal exposures and the diagnosis made
of the suspected animal.
E.
No person shall kill, or cause to be killed, any rabid
or rabies suspect animal, or any animal suspected of having been exposed
to rabies, or any animal which has bitten a person, without the express
permission of the Animal Control Officer and/or the State of Rhode
Island veterinarian, or a state conservation officer, nor remove same
from the Town limits without written permission from the Animal Control
Officer.
F.
The carcass of any dead animal suspected of being
rabid, or having been exposed to rabies, shall upon demand be surrendered
to the Animal Control Officer.
G.
The Animal Control Officer shall direct the disposition
of any animal deemed rabies suspect or having been exposed to rabies.
H.
No person shall fail to refuse to surrender any animal
for quarantine, confinement or destruction as required herein when
demand is made thereof by the Animal Control Officer.
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.
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 such duties are
expressly stated.
B.
Dogs maintained by local and state police as K-9 officers
are exempt from quarantine provisions of this article as provided
by state law.
C.
The licensing requirement of this article shall not
apply to any dog belonging to a nonresident of the Town and kept within
the Town for not longer than 30 days, provided that all such dogs
shall have a current rabies vaccination, and shall be at all times
while in the Town kept within a building, enclosure or vehicle, or
be under the leash control of a competent person.
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.
A.
It shall be the duty of the Animal Control Officer
to keep, or cause to be kept, accurate and detailed records of the
licensing, impoundment and disposition of all animals coming into
his or her 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 and exposures reported to him or her and his or her investigation
of same.
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.
