Chapter
04-029
2004 -- H 7702
Enacted 06/09/04
A N A C T
RELATING TO ANIMALS AND ANIMAL
HUSBANDRY - DOGS - CITY OF PAWTUCKET
Introduced By:
Representatives E Coderre, San Bento, Kilmartin, Dennigan, and McManus
Date
Introduced: February 11, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Section 4-13-1 of the General Laws in Chapter 4-13 entitled "Dogs"
is
hereby amended to read as follows:
4-13-1.
Regulatory ordinances -- Enforcement and penalties. -- (a) City or town
councils may make any ordinances
concerning dogs in their cities or towns as they 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.
(b)
(1) Barrington town council is authorized to enact an ordinance:
(i)
Permitting the animal control officer in the town to issue citations to the
owners of
dogs for violation of any animal
control ordinance which may be paid by mail and;
(ii)
To prescribe pecuniary penalties as follows:
(A)
A fine of not more than twenty-five dollars ($25.00) for the first offense
within a
calendar year;
(B)
A fine of not more than fifty dollars ($50.00) for the second offense within a
calendar year;
(C)
A fine of not more seventy-five dollars ($75.00) for the third and each
subsequent
offense within a calendar year.
(2)
(i) Bristol town council is 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)
A fine not exceeding twenty-five dollars ($25.00) for the first offense within
a
calendar year;
(B)
A fine not exceeding fifty dollars ($50.00) for the second offense within a
calendar
year;
(C)
A fine not exceeding one hundred dollars ($100) for the third and each
subsequent
offense within a calendar year.
(ii)
The Bristol town council may by ordinance prescribe the number of licensed dogs
and their breeds 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 two hundred fifty dollars
($250).
(3)
Coventry town council is authorized to enact ordinances permitting the dog
officer in
the town to issue citations to the
owners of dogs for the violation of any dog ordinance which
may be paid by mail.
(4)
(i) Cumberland town council may prescribe pecuniary penalties as follows:
(A)
A fine not exceeding twenty dollars ($20.00) for the first offense within a
calendar
year;
(B)
A fine not exceeding thirty dollars ($30.00) for the second offense within a
calendar
year;
(C)
A fine not exceeding fifty dollars ($50.00) for the third and each subsequent
offense
within a calendar year.
(ii)
The town council of the town of Cumberland is 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.
(iii) The town council of the town of Cumberland is 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.
(5)
Glocester town council is authorized to enact an ordinance to prescribe
pecuniary
penalties as follows:
(i)
A fine not more than twenty dollars ($20.00) for the first offense within a
calendar
year;
(ii)
A fine not more than thirty dollars ($30.00) for the second offense within a
calendar
year;
(iii) A fine not more than thirty-five dollars ($35.00) for the third offense
and each
subsequent offense within a
calendar year.
(6)
Jamestown town council may prescribe pecuniary penalties as follows:
(i)
A fine not exceeding twenty-five dollars ($25.00) for the first offense within
a
calendar year;
(ii)
A fine not exceeding fifty dollars ($50.00) for the second offense within a
calendar
year;
(iii) A fine not exceeding one hundred dollars ($100) for the third and each
subsequent
offense within a calendar year.
(7)
(i) Middletown may prescribe pecuniary penalties as follows:
(A)
A fine not exceeding twenty dollars ($20.00) for the first offense within a
calendar
year;
(B)
A fine not exceeding thirty dollars ($30.00) for the second offense within a
calendar
year;
(C)
A fine not exceeding fifty dollars ($50.00) for the third and each subsequent
offense
within a calendar year.
(ii)
The Middletown town council is 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.
(8)
Narragansett town council is authorized to enact an ordinance:
(i)
Permitting the animal control officer in the town to issue citations to the
owners of
dogs for the violation of any
animal control ordinance which may be paid by mail; and
(ii)
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; and
(iii) Prescribing pecuniary penalties as follows:
(A)
A fine of not more than twenty-five dollars ($25.00) for the first offense
within a
calendar year;
(B)
A fine of not more than fifty dollars ($50.00) for the second offense within a
calendar year;
(C)
A fine of not more than seventy-five dollars ($75.00) for the third and each
subsequent offense within a
calendar year.
(9)
Newport city council is authorized to enact an ordinance:
(i)
Permitting the animal control officer, and his or her 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;
(ii)
To prescribe pecuniary penalties as follows:
(A)
A fine of not more than twenty-five dollars ($25.00) for the first offense
within a
calendar year;
(B)
A fine of not more than fifty dollars ($50.00) for the second offense within a
calendar year;
(C)
A fine of not more than one hundred dollars ($100) for the third and each
subsequent
offense within a calendar year.
(10)
North Providence town council is 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.
(11)
(i) Portsmouth may prescribe pecuniary penalties as follows:
(A)
A fine not exceeding twenty dollars ($20.00) for the first offense within a
calendar
year;
(B)
A fine not exceeding thirty dollars ($30.00) for the second offense within a
calendar
year;
(C)
A fine not exceeding fifty dollars ($50.00) for the third and each subsequent
offense
within a calendar year.
(ii)
The Portsmouth town council is 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.
(iii) The Portsmouth town council 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).
(12)
Richmond town council may prescribe pecuniary penalties as follows:
(i)
A fine not exceeding ten dollars ($10.00) for the first offense within one
year;
(ii)
A fine not exceeding twenty-five dollars ($25.00) for the second offense within
one
year of the first offense;
(iii) A fine not exceeding fifty dollars ($50.00) for the third and each
subsequent offense
within one year of the first
offense.
(13)
(i) Scituate town council may prescribe pecuniary penalties as follows:
(A)
A fine not exceeding twenty dollars ($20.00) for the first offense within a
calendar
year;
(B)
A fine not exceeding thirty dollars ($30.00) for the second offense within a
calendar
year;
(C)
A fine not exceeding fifty dollars ($50.00) for the third and each subsequent
offense
within a calendar year.
(ii)
Scituate town council is authorized to enact ordinances permitting the dog
officer in
the town to issue citations to the
owners of dogs for the violation of any dog ordinance which
may be paid by mail.
(14)
(i) Smithfield town council may prescribe pecuniary penalties as follows:
(A)
A fine not exceeding twenty dollars ($20.00) for the first offense within a
calendar
year;
(B)
A fine not exceeding thirty dollars ($30.00) for the second offense within a
calendar
year;
(C)
A fine not exceeding fifty dollars ($50.00) for the third and each subsequent
offense
within a calendar year.
(ii)
The Smithfield town council is authorized to enact an ordinance permitting the
animal control warden in the 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.
(15)
Tiverton town council may prescribe pecuniary penalties as follows:
(i)
A fine not exceeding twenty-five dollars ($25.00) for the first offense;
(ii)
A fine not exceeding fifty dollars ($50.00) for the second offense;
(iii) A fine not exceeding one hundred dollars ($100) for the third and each
subsequent
offense.
(16)
Warwick city council may prescribe pecuniary penalties as follows:
(i)
A fine not exceeding fifteen dollars ($15.00) for the first offense within a
calendar
year;
(ii)
A fine not exceeding twenty-five dollars ($25.00) for the second offense within
a
calendar year;
(iii) A fine not exceeding fifty dollars ($50.00) for the third and each
subsequent offense
within a calendar year.
(17)
Westerly town council is authorized to enact an ordinance:
(i)
Permitting the animal control officer in the town to issue citations to the
owners of
dogs for the violation of any
animal control ordinance which may be paid by mail; and
(ii)
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; and
(iii) Prescribe pecuniary penalties as follows:
(A)
A fine of not more than twenty-five dollars ($25.00) for the first offense
within a
calendar year;
(B)
A fine of not more than fifty dollars ($50.00) for the second offense within a
calendar year;
(C)
A fine of not more than one hundred dollars ($100) for the third and each
subsequent
offense within a calendar year.
(18)
West Greenwich town council is authorized to enact an ordinance:
(i)
Permitting the animal control officer in the town to issue citations to the
owners of
dogs for the violation of any
animal control ordinance which may be paid by mail; and
(ii)
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; and
(iii) Prescribe pecuniary penalties as follows:
(A)
A fine of not more than twenty-five dollars ($25.00) for the first offense
within a
calendar year;
(B)
A fine of not more than fifty dollars ($50.00) for the second offense within a
calendar year;
(C)
A fine of not more than one hundred dollars ($100) for the third and each
subsequent
offense within a calendar year.
(19)
The town council of the town of Exeter is authorized to enact any ordinance
prescribing fines and penalties, in
addition to those otherwise allowed by law, as follows:
(i)
Providing a fine of up to twenty-five dollars ($25.00) for the first offense;
(ii)
Providing a fine of up to one hundred dollars ($100) for the second offense;
and
(iii) Providing a fine of up to two hundred dollars ($200) for the third and
for any
subsequent offenses within a one
year period. In addition, the town may require proof of owners
liability insurance for a twelve
(12) month period insuring against injury and damages caused by
the dog. That insurance shall be in
the amount of one hundred thousand dollars ($100,000) and
shall name the town as a named
insured for the purposes of notice.
(20)
West Warwick town council may prescribe pecuniary penalties as follows:
(i)
A fine not exceeding fifteen dollars ($15.00) for the first offense;
(ii)
A fine not exceeding fifty dollars ($50.00) for the second offense;
(iii) A fine not exceeding one hundred dollars ($100) for the third and each
subsequent
offense.
(21)
Woonsocket city council is authorized to enact an ordinance:
(i)
Permitting the animal control office of the city to issue citations to the
owners of dogs
for the violation of any animal
control ordinance which may be paid by mail;
(ii)
Establishing the expense of the impoundment of dogs as determined by the city
council and providing for the
payment to the city for the impoundment expense by the dog owner
prior to removal of the dog from
the pound; and
(iii) Prescribing pecuniary penalties as follows:
(A)
A fine of not more than fifty dollars ($50.00) for the first offense within a
calendar
year;
(B)
A fine of not more than one hundred dollars ($100) for the second offense
within a
calendar year;
(C)
A fine of not more than one hundred fifty dollars ($150) for the third and each
subsequent offense within a
calendar year.
(22)
Pawtucket city council is authorized to prescribe pecuniary penalties directly
related
to its ordinance banning the
owning or keeping of pit bulls in the city as follows:
(i)
For a pit bull properly licensed according to the city ordinance;
(A)
A fine not exceeding two hundred fifty dollars ($250) for the first offense;
(B)
A fine not exceeding five hundred dollars ($500) for a second offense;
(C)
A fine not exceeding one thousand dollars ($1,000) for a third offense.
(ii)
For a pit bull that is not licensed pursuant to the exceptions in the city
ordinance:
(A)
A fine not exceeding five hundred dollars ($500) for a first offense;
(B)
A fine not exceeding one thousand dollars ($1,000) for a second or subsequent
offense.
(iii)
Notwithstanding any other provision of this section, Pawtucket may through its
municipal court impose a
sentence of imprisonment not exceeding thirty (30) days in addition to
the fines in subsection (ii),
(A) or (B).
SECTION
2. This act shall take effect upon passage.
=======
LC02022
=======