[Adopted 10-15-2002 by Ord. No. 02-5]
It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.
A. 
Any person or resident who witnesses a violation of the above section on his/her property or on a sidewalk, street or other public area, may file a complaint with the Lincoln Police Department providing all information necessary for a warning or citation to issue to the violator and agreeing to be available to testify in court should the complaint result in a citation being issued.
B. 
The violator shall be identified as the owner of the offending dog. Should the offense have occurred while the dog was in the possession or control of a competent person, not the owner, that competent person will be determined to be the violator as to that particular complaint, but all violations of this article as they relate to a specific dog, shall be used in determining subsequent offenses involving that dog. It shall be the duty of the person who owns the dog to advise and inform those persons whom he/she gives possession or control of the dog the requirements of this article.
C. 
The violator will receive a written warning upon the first complaint. Upon the filing of a second or subsequent complaint against the same violator, a citation shall be issued, service of which shall be deemed sufficient if mailed to the last known address of the violator. For purposes of penalties, it shall be deemed a first offense when the first citation is issued.
D. 
The Animal Control Officer of the Town or any Town police officer shall enforce the provisions of this article.
A. 
Violation of this article shall be punishable in accordance with R.I.G.L. § 4-13-1(a), authorizing the Town of Lincoln to enforce and punish by a fine not exceeding $10 for the first offense, not exceeding $15 for the second offense within a year, not exceeding $25 for the third and any subsequent offense within a year to be recovered by action of debt, or by complaint and warrant, to use as the Town Council may prescribe.
B. 
The dog officer for the Town or any Town police officer is permitted to issue citations to the owners or violators for the violation of this article, which may be paid by mail, or adjudicated through proceedings at the State District Court.
This article shall not apply to a licensed dog accompanying any handicapped person whom, by reason of his/her handicap, is physically unable to comply with the requirement of this article.