CHAPTER 35

96-S 2518

Effective Without the Governor's Signature

Jun. 7, 1996.

AN ACT RELATING TO DOGS IN THE TOWN OF WESTERLY

It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-13-1, 4-13-4 and 4-13-15.1 of the General Laws in Chapter 4-13 entitled "Dogs" are hereby amended to read as follows:

4-13-1. Regulatory ordinances -- Enforcement and penalties. -- City or town councils may make such ordinances concerning dogs in their respective cities or towns as they shall deem expedient, to be enforced by the destruction or disposition of the animal, or by pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00) 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 that city council or town council may prescribe.

Provided, however, that the city council of the city of Warwick may prescribe pecuniary penalties as follows:

A fine not exceeding fifteen dollars ($15.00) for the first offense within a calendar year;

A fine not exceeding twenty-five dollars ($25.00) for the second offense within a calendar year;

A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.

Provided, however, that the town council of the towns of Smithfield and Scituate may prescribe pecuniary penalties as follows:

A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;

A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;

A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.

Provided, however, that the towns of Portsmouth and Middletown may prescribe pecuniary penalties as follows:

A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;

A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;

A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.

Provided, however, that the town council of the town of Tiverton may prescribe pecuniary penalties as follows:

A fine not exceeding twenty-five dollars ($25.00) for the first offense;

A fine not exceeding fifty dollars ($50.00) for the second offense;

A fine not exceeding one hundred dollars ($100.00) for the third and each subsequent offense.

Provided, however that the town council of the town of Richmond may prescribe pecuniary penalties as follows:

A fine not exceeding ten dollars ($10.00) for the first offense within one year.

A fine not exceeding twenty-five dollars ($25.00) for the second offense within one year of the first offense.

A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within one year of the first offense.

The town council of the town of Smithfield is hereby authorized to enact an ordinance permitting the animal control warden in said town to issue citations which may be paid by mail to the owners of dogs for the violation of any dog ordinance in that town.

The town council of the town of Portsmouth is hereby authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.

The town council of the town of North Providence is hereby authorized to enact an ordinance permitting the animal control officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.

The town council of the town of Bristol is hereby authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail, and to prescribe pecuniary penalties as follows:

A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar year;

A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar year;

A fine not exceeding one hundred dollars ($100.00) for the third and each subsequent offense within a calendar year.

The town councils of the towns of Coventry and Scituate are hereby authorized to enact an ordinance permitting the dog officers in said towns to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.

The town council of the town of Middletown is hereby authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.

The town council of the town of Cumberland may prescribe pecuniary penalties as follows:

A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;

A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;

A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.

The town council of the town of Cumberland is hereby authorized to enact an ordinance permitting the animal control officer or any police officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.

The town council of the town of Cumberland is hereby authorized to enact an ordinance establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound.

Provided further, however, that the town council of the town of Barrington is hereby authorized to enact an ordinance:

(1) Permitting the animal control officer in said town to issue citations to the owners of dogs for violation of any animal control ordinance which may be paid by mail and;

(2) To prescribe pecuniary penalties as follows:

A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;

A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;

A fine of not more than seventy-five dollars ($75.00) for the third and each subsequent offense within a calendar year.

Notwithstanding any other provision hereof or contained in the general laws to the contrary, the town council of the town of Portsmouth may, by ordinance, prescribe the number of licensed dogs which may be kept at any single family residence other than a breeding kennel licensed under section 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-five dollars ($25.00).

Provided, further, however, that the city council of the city of Newport is hereby authorized to enact an ordinance:

(1) Permitting the animal control officer, and his agents, in that city to issue citations to the owners of dogs for violation of any animal control ordinance which may be paid by mail;

(2) To prescribe pecuniary penalties as follows:

A fine of not more than twenty-five ($25.00) dollars for the first offense within a calendar year;

A fine of not more than fifty ($50.00) dollars for the second offense within a calendar year;

A fine of not more than one hundred ($100.00) dollars for the third and each subsequent offense within a calendar year.

Provided, however, that the town council of the town of Jamestown may prescribe pecuniary penalties as follows:

A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar year; a fine not exceeding fifty dollars ($50.00) for the second offense within a calendar year; a fine not exceeding one hundred dollars ($100) for the third and each subsequent offense within a calendar year.

Provided further, however, that the town council of the town of Glocester is hereby authorized to enact an ordinance to prescribe pecuniary penalties as follows:

A fine not more than twenty dollars ($20.00) for the first offense within a calendar year;

A fine not more than thirty dollars ($30.00) for the second offense within a calendar year;

A fine not more than thirty-five dollars ($35.00) for the third offense and each subsequent offense within a calendar year.

Provided further, however, that the town council of the town of West Greenwich is hereby authorized to enact an ordinance:

(1) Permitting the animal control officer in said town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and

(2) Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of impoundment expense by the dog owner prior to removal of the dog from the pound; and

(3) Prescribe pecuniary penalties as follows:

A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;

A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;

A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.

{ADD Provided further, however, that the town council of the town of Westerly is hereby authorized to enact an ordinance: (1) permitting the animal control officer in said town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail and; (2) establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town impoundment expense by the dog owner prior to removal of the dog from the pound; and (3) prescribe pecuniary penalties as follows:

A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;

A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;

A fine of not more than one hundred dollars ($100.00) for the third and each subsequent offense within a calendar year. ADD}

4-13-4. Animal license -- Fees -- Penalty. -- Every owner or keeper of a dog shall annually in the month of April cause that dog to be licensed from the first day of the ensuing May in the office of the city or town clerk of the city or town wherein the owner or keeper resides; and shall pay to that city or town clerk for license, so issued, five dollars ($5.00); and all licenses issued under the provisions of this chapter shall be valid in every city or town during the then current year; provided that any person who shall become the owner or keeper of a dog, shall cause the same to be licensed as aforesaid within thirty (30) days after he or she becomes the owner or keeper; provided, further, that no city or town shall issue any license under this section unless the dog has been innoculated against rabies for the period during which said license would be valid. The city council of the city of Newport may, however, provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs except unspayed females and for an annual licensing fee of ten dollars ($10.00) for unspayed females, and the city council of the city of Woonsocket may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs, and the town council of the town of North Smithfield may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs and the town council to the town of South Kingstown may provide for an annual licensing fee of twelve dollars ($12.00) for all dogs except spayed or neutered females and male dogs and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs and the town council of the town of Westerly may provide by ordinance for an annual license fee of ten dollars ($10.00) for unspayed female dogs; and further may provide for a fee of one dollar ($1.00) for the replacement of lost dog tags; and further may provide that no fee be charged to license guide dogs used by sensory impaired and handicapped persons and further may provide for the number of licensed dogs which may be kept at any single family residence, other than a breeding kennel, and further provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violation thereof; and the town council of the town of Glocester may provide for an annual licensing fee of fourteen dollars ($14.00) for all dogs except spayed or neutered females and males and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs . {ADD and the town council of the town of Westerly may provide by ordinance for an annual license fee of ten dollars ($10.00) for unspayed female and unneutered male dogs. ADD}

Every person, owning or keeping a dog not licensed and/or collared according to the provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the city or town, and that fine shall be in addition to all other lawful fees including, but not limited to an impound fee which may be assessed by the town council of the town of South Kingstown.

Provided, further, that the town clerk of the town of Cumberland may issue a license renewable every two (2) years for a licensing fee of six dollars ($6.00), and the town council of the town of Jamestown may provide by ordinance for an annual licensing fee not to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars ($25.00) for unneutered dogs.

4-13-15.1. Ordinances concerning unrestricted and vicious dogs prohibited -- Leash laws. -- City or town councils may make such ordinances concerning dogs in their respective cities or towns as they shall deem expedient, pertaining to the conduct of dogs, which ordinances shall include regulations relating to unrestricted dogs, leash laws, confinement and destruction of vicious dogs. Those ordinances may provide as follows:

Every owner or custodian of a dog shall cause that dog not to run unrestricted anywhere in the city or town. This section shall not apply to any person who uses a dog under his direct supervision while lawfully hunting, while engaged in a supervised formal obedience training class or show or during formally sanctioned field trials. It shall be unlawful for any owner of a dog to place such dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of restricting the dog. The city or town dog officer is hereby empowered to seize and impound any dog found off the property of its owner or custodian when that dog is unrestricted.

{ADD Provided, further, that the town council of the town of Westerly is hereby authorized to enact an ordinance permitting the animal control officer in said town to issue citations to the owner of any dog found off the property of its owner or custodian and to prescribe a pecuniary penalty not to exceed twenty-five dollars ($25.00) for each violation. ADD}

Any person violating the provisions of this section shall be fined not exceeding two hundred and fifty dollars ($250.00).

SECTION 2. This act shall take effect upon passage.



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