As used in this chapter, the following terms mean:
ABANDONMENT
The relinquishment of all right, title, claim, or relinquishment
of possession of an animal with the intention of not reclaiming it
or resuming its ownership or possession.
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.
ADEQUATE SHELTER
Access to a structure that is the proper size for the dog,
impervious to moisture, has protection from the direct rays of the
sun, and has a wind break at the entrance. This includes but is not
limited to a dog house, barn, garage, shed or other structure sufficient
to protect the animal from wind, rain, snow, or sun that has adequate
bedding to protect against cold and dampness.
ADEQUATE WATER
A constant access to a supply of clean, fresh, potable water
provided in a sanitary manner.
ADOPT
When an adopting party voluntarily acquires and assumes responsibility
for a dog or a cat from the animal shelter.
ADOPTING PARTY
Any person who enters into a contract acquiring a dog or
cat from the animal shelter.
AGGRESSIVE DOG
A.
Any dog which makes (or poses) a threat of harmful behavior
directed at a person or domestic animal. This includes, but is not
limited to, such behavior as snarling, growling, snapping, nipping
biting, and lunging.
B.
Any dog which is deemed to be a potential threat to public safety,
due to aggressive behavior observed by the Animal Control Officer.
ANIMAL CONTROL OFFICER or ANIMAL CONTROL WARDEN
Any person employed, contracted, or appointed by the Town
of Smithfield for the purpose of aiding in the enforcement of this
article or any law or ordinance relating to the licensing of dogs,
control of dogs, or seizure and impoundment of dogs, and includes
any state or municipal peace officer, Animal Control Officer, or Animal
Control Warden whose duties in whole or in part include assignments
which involve the seizure or taking into custody of any dog.
ANIMAL SHELTER
Any premises designated by action of the Town Council for
the purpose of impounding and caring for animals found running at
large in violation of this article.
AT LARGE
Any animal shall be deemed to be at large when off the property
of its owner and not under leash control of a competent person.
ATTENDANT
A person 16 years or older who brings a dog to the dog park.
Such person is expected to be competent and knowledgeable relative
to the behavior of, and have control over, said dog(s) at all times
while at or inside the outdoor facility.
ATTRACTANT
Any substance which could reasonably be expected to attract,
or does attract, coyotes or other nondomesticated animals, including,
but not limited to, garbage, food products, pet food, carcasses, feed,
grain.
BREEDER
A person engaged in the propagation of purebred or crossbred
dogs and/or cats for the purpose of improving and enhancing a breed
recognized and registered by the American Kennel Club, American Field
Stud Book, or other breed or kennel club, or a registered cat breed
association, or for sale at wholesale or retail, unless otherwise
exempted as a hobby breeder as defined below.
DISABILITY
Has the same meaning as set forth in the federal Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.,
as amended.
DISPOSED
To create a final disposition of an animal to include, returned
to owner, adoption, transferred to a licensed releasing agency, or
humanely euthanized.
DOG PARK
An enclosed-fence facility designated by the Town of Smithfield
for the purpose of allowing dogs, under the control of their owner
or attendant, to exercise and socialize off-leash.
EXPOSED TO RABIES
An animal has been exposed to rabies within the meaning of
this article if it has been bitten by, or been exposed to, any animal
known to have been infected with rabies.
FEEDING
A.
To give food to, or the act of giving sustenance or nourishment
to;
B.
The leaving of food of any kind where it is accessible to coyotes
or other nondomesticated animals.
FOOD
Any nutritious substance that animals eat or drink in order to maintain life and growth; for the context of Article
VI, all substances consumed by humans or animals for nourishment except grass and other vegetation, growing crops, and food that is canned or stored in sealed or closable containers.
HOBBY BREEDER
Those persons whose regular occupation is not the breeding
and raising of dogs or cats and whose method of sale is at retail
only. A hobby breeder shall not exceed selling 20 dogs or cats, or
three litters, whichever is greater, in a single calendar year. Any
person who sells at retail a number in excess of these limits or who
sells any number of pets commercially shall be considered a breeder.
KENNEL
Any person, group of persons, or corporation engaged in the
commercial business of breeding, buying, selling, or boarding dogs,
or other animals commonly referred to as "domesticated pets."
MEMBERSHIP CARD
A membership card is necessary for entry and use of the Smithfield
Dog Park. The membership card can be obtained through the Town Clerk's
office.
MINIMUM CARE
Care sufficient to preserve the health and well-being of an animal and, except for emergency circumstances beyond the reasonable control of the owner and/or guardian, includes, but is not limited to, the requirements set forth in §
126-18.
MINIMUM VETERINARY CARE
Veterinary care deemed necessary by a reasonably prudent
person to relieve distress from injury, neglect, or disease.
NEUTER
To surgically render a male dog or cat unable to reproduce.
OWNER
Any person, group of persons, or corporation owning, keeping
or harboring a dog or dogs, or other animal or animals.
PROVOCATION
The act of provoking. Something that provokes, especially
by inciting, instigating, angering, or irritating.
RESTRAINT
A dog is under restraint within the meaning of this article
when such dog is restrained and controlled by a leash; and/or within
a vehicle being driven or parked on the streets, or within the property
limits of its owner or keeper.
SERVICE DOG
Has the same meaning as set forth in the implementing regulations
of Title II and Title III of the federal Americans with Disabilities
Act of 1990, 42 U.S.C. § 12101 et seq.
SEXUAL MATURITY
When a female dog or cat reaches six months of age and when
a male dog or cat reaches eight months of age; in all instances, the
releasing agency will determine the age of the dog or cat.
SPAY
To surgically render a female dog or cat unable to reproduce.
VACCINATED
To have been inoculated by a vaccine approved by the State
Department of Health and shall be certified by a licensed veterinarian.
VISUAL CONTROL
The attendant can see the dog(s) and is within 75 feet of
the dog(s) at all times, while at the dog park.
VOICE CONTROL
The attendant is within 75 feet of the dog(s), is able to
control and recall the dog(s) at all times, and is not allowing the
dog(s) to fight with other dogs. A dog under voice control must immediately
come to the attendant, when so commanded, while at the dog park.
No horses, cows, sheep, swine, goats, fowl or other such animals
shall go at large, loose, unfastened or alone in any public highway,
street, lane or byway, or on the land of any other person than the
owner of such animals.
The owner or person in charge of any horse, ox, mule, cow, sheep,
dog or other large animal which shall die shall, within 24 hours from
the time the owner or person in charge of said animal shall learn
of the death of said animal, bury the carcass of said animal in such
manner that every part thereof shall be at least three feet beneath
the natural surface of the earth, or shall within said 24 hours remove
said carcass from the Town, or cause the same to be removed from the
Town.
No person shall throw, place, put, or leave, or cause to be
thrown, placed, put or left, the carcass, or any part thereof, of
any dead animal, in any pond, stream, brook, river, lake or other
body of water within the Town.
[Amended 6-6-2023 by Ord.
No. 2023-5]
A. The keeping or harboring of any dog, other animal or fowl, whether
licensed or not, which by habitual, regular, prolonged and persistent
howling, yelping, barking or other noise disturbs or annoys without
provocation a surrounding neighbor, upon verification of such nuisance
by the Animal Control Warden, is unlawful and is hereby declared to
be a public nuisance; and each day shall constitute a separate offense.
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. The trespassing of any animal on private or public
property is hereby declared to be a nuisance.
C. Whenever it shall be affirmed in writing by one or more persons having
separate residences or who are regularly employed in the neighborhood
that any animal is a nuisance by reason of trespassing, howling, barking
or other noise, damaging property, being vicious or by its actions
potentially vicious, or in any other manner causing undue annoyance,
without provocation, the Animal Control Officer, if he/she finds such
nuisance to exist, shall serve verbal or written notice upon the owner
or custodian that such nuisance must be abated.
D. If a dog growls, snaps at, or runs after any person, or 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 Smithfield Municipal Court
and shall be subject to a fine not to exceed $50 plus applicable court
costs.
E. If a dog alone, in a pack, or in a park 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 Smithfield Municipal Court and shall
be subject to a fine not to exceed $100 plus applicable court costs.
F. It shall be unlawful to allow or permit any animal to deposit feces
on private or public property other than the property of the animal
owner without immediately removing same. Any person that shall allow
or permit any animal to deposit feces, without immediately removing
same, on private or public property shall be punished by a fine of
not less than $50 nor more than $75 for the first offense; not less
than $75 nor more than $125 for the second offense; and not less than
$125 nor more than $250 for the third and subsequent offense.
(1) Enforcement. Any resident who witnesses a violation of the above
subsection on their property or on a public sidewalk adjacent to their
property may file a complaint with Town Animal Control, providing
all information necessary for a warning or citation to issue to the
violator and promising to be available to testify in court should
the complaint result in a citation being issued. The violator may
receive a 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 the purposes of penalties,
it shall be deemed a first offense when the first citation was issued.
G. It shall be unlawful to allow or permit any animal upon those public
areas designated as sport playing, practice fields, playgrounds, beaches,
or venues. Any violations shall be punished by a warning for the first
offense; a fine of not less than $50 nor more than $100 for the second
offense; and a fine of not less than $100 nor more than $200 for the
third and subsequent offense.
The provisions of this chapter shall be enforced by the Animal
Control Warden of the Town of Smithfield and any police officer of
the Town.
[Amended 6-6-2023 by Ord.
No. 2023-5]
In the discharge of the duties imposed by this article, the
Animal Control Warden or any police officer of this Town shall have
the authority at all reasonable times to enter upon any premises outside
of the curtilage of such premises (but such authority should not include
the right to enter any residence on such premises) to examine a dog
or other animal which is allegedly in violation of a provision of
this article. Such officers shall have the further authority to take
possession of any dog or other animal and remove it from such premises,
provided that such removal is necessary to protect the health and
safety of the animal.
No person shall interfere with, hinder or molest the Animal
Control Warden or any police officer of this Town in the performance
of duties, or seek to release any animal in the custody of the Animal
Control Warden or any police officer, except as provided in this article.
Adoption fees required by §
126-14 which are unused after 60 days from the date of adoption or 60 days from when the dog or cat reaches sexual maturity, whichever is later, or which any animal is returned to the animal shelter for any reason after 15 days, will be forfeited by the adopting party and retained by the animal shelter and shall be used for the following purposes:
A. A public education program to prevent overpopulation in dogs and
cats;
B. A program to spay and neuter dogs and cats that are available for
adoption by the animal shelter;
C. A follow-up program to assure that dogs and cats adopted from the
animal shelter are spayed or neutered; and
D. To defray additional costs incurred by the animal shelter in complying with §
126-14.
[Amended 6-6-2023 by Ord.
No. 2023-5]
A. Violations of the provisions of §
126-14 or the written agreement executed pursuant thereto by an adopting party shall be punishable by a fine of $50 for the first offense, $150 for the second offense and $400 for the third and subsequent offenses. Each and every incidence of noncompliance by an adopting party which continues unremedied for 30 days after written notice of a violation hereunder shall constitute a subsequent offense, and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by the Animal Control Warden or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the animal shelter from which it was adopted, which animal shelter will be free to adopt or euthanize the seized dog or cat. The adopting party shall lose all ownership rights in the seized dog or cat, shall forfeit all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the animal shelter or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of this article will be enforced against an adopting party by a dog officer, Animal Control Warden or a police officer for the city or town in which the adopting party resides.
B. All fines collected under Subsection
A of this section will be remitted to the Town Treasurer of Smithfield. Such fines shall be used by the Town only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats.
Every person who shall knowingly make or cause to be made a
false statement, either oral or written, with intent that it be relied
upon by Animal Control, including information given regarding animal
ownership, shall be deemed guilty of obstructing or hindering an officer
and shall be punished by a fine of $200.
If any person having possession and/or control of an animal
abandons that animal on a street, road, highway or in a public place
or on private property or from a motor vehicle, or in a dwelling or
any other building or structure, in addition to any other lawful penalties,
he or she shall pay a fine of $200.
[Amended 6-6-2023 by Ord.
No. 2023-5]
A. Any Animal Control Officer may issue the person(s) in violation of §§
126-18 and
126-35 a fine of $100 for a first violation, $200 and seizure of animal for a second violation, and $400 and the seizure of the animal for a third violation. Second and subsequent violations of §§
126-18 and
126-35 may be considered violations of R.I.G.L. § 4-1-2. In addition, for second and subsequent offenses, in the event a person is found guilty of a violation of §§
126-18 and
126-35, they may not be permitted to own, keep or harbor or have custody of any animal for a minimum of one year.
B. In the event that any animal is in conditions or in an environment
that, by the discretion of the Animal Control Officer, may be harmful
to the health and well-being of the animal, and for the first offense,
the owner is not immediately available to correct the problem, the
animal may be seized and impounded for safekeeping.