Animals and Courts Ordinance Amendment - April 2024 — full text

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Office of Town Clerk Email: [email protected] TOWN OF BURRILLVILLE rC. .-.-lf' iJ1lPl- 4. - - A,,f' P ! - . ll I r I The Town Council of the Town of Burrillville hereby ordains as follows: Phone : 401-568-4300, ext. 133 Fax: 401-568-0490 RI Re lay 1-800-745-5555 (TIY) The Revised General Ordinances, Town of Burrillville, Rhode Island, 2004 as amended, Chapter 4 entitled Animals and Chapter 11 entitled Courts, are hereby amended as follows: Chapter 4 - ANIMALS Sec. 4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal/Animals include. but is not limited to, dogs; cats; horses; cattle; goats; sheep; swine ; emus; llamas; alpacas; rabbits; poultry, which include chickens, hens and roosters ; ducks; geese; guinea fowl ; peacocks; ostriches; reptiles and birds. Sec. 4-4. Penalty. Except as otherwise provided in this chapter or the Rhode Island General Laws, penalties for violation of the provisions of this chapter shall be as follows : First offense : ~ Written warning, with no more than thirty (30) calendar days, as determined by the police department. to come into compliance . If the violation is not remedied on or before the time set forth in the written warning, the penalty will be a $100 fine. Second offense : $30.00 ~ Second and subsequent offense~ : $100.00 and QQwner 5RaU may be cited to appear before the Burrillville Municipal Court, and, upon conviction, said owner shall be fined not in excess of $500.00, in accordance with section 11-5 of the ordinances of the Town of Burrillville. Third and subsequent offenses may be considered a violation of title 4 of the Rhode Island General Laws. Each day's violation may constitute a separate offense. Sec. 4-7. - Creation of nuisance. (a) Noise disturbance. The keeping or harboring by any person of any dog, or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys the peace of citizens in the immediate area is unlawful, and is hereby declared to be a public nuisance. (b} Failure to restrain animal. It shall be unlawful for any owner of any animal excepting felines to fail to restrain an animal so the animal shall trespass on private or public property and@ damage or destroy any property or thing of value. This violation is hereby declared to be a nuisance and such animal shall be impounded by the animal control officer and may be disposed of in accordance with section 4-69. (c) Sanitary and humane conditions. The failure to keep animals under sanitary and humane conditions and in such a manner as to affect the health, welfare and safety of the surround ing area and/or the residents, shall be deemed to be a nuisance under this section . For purposes of this section , health and welfare means the creation of any health risk or hazard, including disease. infirmity, and/or in such a manner that the keeping of the animals attracts rodents. ve r min or other predators . fe-H.Ql Complaint procedure. Complaints made under the provisions of this section shall be made to the police department or animal control officer, who will investigate the complaint. If the animal control officer finds the animal is a l=lal3itual nuisance by reason of t respassing, habitual howling, barking or other noise, or damage to property, or in any other manner causing undue annoyance, he/she shall serve written notice upon the owner or custodian that such nui sance shall be abated witl=lin tl=lree days. If such nuisance is not abated witl=lin tl=lree days, the owner shall be found in violation of this chapter and subject to penalties provided in section 4-4. This violation will be deemed to be a second or subsequent offense and penalties levied accordingly. Subsequent offenses may result in the impoundment of the animal and disposal in accordance with section 4- 69. Sec. 4-71. - lmpoundment fees (a) Fees for impoundment of any animal impounded under this chapter shall be as follows : First day animal is impounded: $10.00 Each additional day animal is sheltered: $5.00 Fees cannot be waived, but can be adjusted with the approval of the po lice ch ief or designee . (b) Any animal impounded under this article may be reclaimed as provided in this article upon payment by the owner to the animal control officer of all applicable fines and fees. Fees may include any direct expenses associated with the apprehension. boarding and care given to the animal by the Town. Chapter 11- COURTS Sec. 11-5. - Penalties. (a) The court in addition to its equity power shall have the right to impose a fine not in excess of $500 .00, and any fees or direct expenses that are unpaid . These amendments shall take effect upon pa ssage. Adopted this ~h day of April 2024. '!JI" - '-' \ I -J Vicki T. Martin, Town Clerk Donald A. Fox, President Burrillville Town Council