ORDINANCE COMMITTEE NOTICE OF PUBLIC HEARING

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A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Monday, July 26, 2021 at 6:00 p.m.   pursuant to Section 3.12 of the Charter via Zoom webinar

You are invited to a Zoom webinar.
When: Jul 26, 2021 06:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee meeting

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 Complete copies of proposed Ordinance is available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the dear or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.” 

Matthew Reilly, Chair
Ordinance Committee

Leanne Zarrella, JD
City Clerk

      

PROPOSED ORD. 6-21-01 IN AMENDMENT OF CHAPTER 8.36 OF THE CITY OF CRANSTON CODE OF ORDINANCES, 2005, ENTITLED “Rodent Control” Complaints

It is Ordained by the City of Cranston City Council as follows:

Section 1.  Chapter 8.36 is hereby amended by adding the following:

8.36.031 - Complaints:

All complaints made to the department of public works concerning any alleged violations of this chapter whether written, verbal, or in any other medium so provided to the department of public works, whether by a named or anonymous party, shall be investigated.

The director of public works shall make a record of such complaints when received, the findings of the investigation and the final disposition of the complaint.

Section 2.   This ordinance shall take effect upon its final adoption.

Sponsored by:  John Donegan and Nicole Renzulli

      

PROPOSED ORD. 6-21-02 IN AMENDMENT OF CHAPTER 10.32.010 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “MOTOR VEHICLES & TRAFFIC – STOPPING, STANDING AND PARKING ON SPECIFIC STREETS - Loading Zones Designated (Plainfield St. and Tweed St.)

It is Ordained by the City of Cranston City Council as follows:

Section 1.  Chapter 10.32.010 is hereby amended by adding the following:

Plainfield Street, south side, from a point one hundred twenty-eight feet (128’) easterly of Tweed Street, easterly for a distance of thirty feet (30’), 11AM to 5PM Monday through Friday.

Section 2.   This ordinance shall take effect upon its final adoption.

Sponsored by Councilman Ferri

      

PROPOSED ORD. 6-21-03 IN AMENDMENT OF CHAPTER 6.08 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “ANIMALS GENERALLY – DOGS AND OTHER ANIMALS

It is Ordained by the City of Cranston City Council as follows:

Section 1.  Chapter 6.08 is hereby amended by adding the following:

Chapter 6.08 - DOGS AND OTHER ANIMALS

Sections:

6.08.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

At Large. Any animal dog shall be deemed to be at large when such animal dog is not otherwise in an enclosed space on private property and not under the restraint and control of a properly fitting leash or other security device, whose intended purpose is to restrain the animal at issue and said leash is under the dominion and control of a competent person.

"Adequate food" means the provision at suitable intervals, not to exceed twenty-four (24) hours, 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" means access 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 doghouse, bam, 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" means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four (24) hours at any interval.

"Ambient temperature" means the temperature surrounding the animal.

"Dog officer" means the person or persons employed by the city as its enforcement officer and shall include any police officer of such city.

"Dog pound" means any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this chapter.

Exposed to Rabies. A dog has been exposed to rabies within the meaning of this chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.

"Exotic/wild/hybrid animals" shall include, but not be limited to venomous snakes, alligators, crocodiles, chimpanzees, wolves, hybrid dogs, skunks, raccoons, bats, and groundhogs. Wild and hybrid cats shall be defined as any cat which possesses combined lineage from domestic cats (Felis domesticus) and any wildcat (Felis Silvestris) and shall include, but not be limited to Savannah, Bengal, Toyger, Chausie, Cheetoh, Jungle Lynx, Serengeti and Pixiebob.

"Keeper or custodian" means any person or agency that harbors, feeds, maintains or is responsible for controlling a dog or another animal.

"Kennel" means any person, group of persons, or corporations engaged in the commercial business of breeding, buying, selling or boarding dogs or for hobby and recreation.

"Minimum care" means 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 Section 6.08.250.

"Minimum veterinary care" means veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease.

"Nuisance" means any dog or other animal that:

  1.  Poses a bodily threat to any person or creates a disturbance by running at passing vehicles or cyclist;
  2.  Attacks or chases other domestic animals on property other than their own;
  3.  Damages public or private property;
  4.  Disturbs any neighborhood or person(s) of average sensibilities by loud and persistent or habitual barking, howling or yelping.

"Owner" means any person, groups of persons, agency or corporation who keeps, harbors, owns or has a right of property in a dog or other animal.

Restraint. A dog is under restraint within the meaning of this chapter if the animal is under the restraint and control of a properly fitting leash or other security device, whose intended purpose is to restrain the animal at issue and said leash is under the dominion and control of a competent person, or inside an enclosed space on the property of the owner unable to exit the property of the owner.  it is controlled by a leash or other restraining device or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.

"Spayed female" means any bitch which has been operated upon to prevent conception.

"Tether" means a rope to chain or otherwise halter a dog allowing in a reasonable range in which to move.

"Veterinarian" means a person licensed to engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an accredited veterinary medical, surgical, and dental school or college of a standard recognized by the Rhode Island veterinary medical association.

6.08.020 - Enforcement of chapter.

The provisions of this chapter shall be enforced by the dog officer of the city and any police officer of the city, and all violations of this chapter shall be referred to Cranston Municipal Court, and to any state agency or court of competent jurisdiction.  

6.08.030 - Dog license fees.

A. Every owner or keeper of a dog shall annually in the month of April cause such dog to be licensed from the first day of the ensuing May, in the office of the city clerk, and shall pay to the city clerk for the license issued twenty ten dollars ($20.00) ($10.00), with the exception of senior citizens who shall, upon proof that they have attained the age of sixty-five (65) years or receive some form of government assistance, pay the sum of ten seven dollars ($10.00) for said license. All licenses issued under the provisions of this section 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 within thirty (30) days after he or she becomes the owner or keeper.

B. Every owner or keeper of any dog found to be in violation of this section shall for the first offense be fined twenty-five dollars ($25.00) one hundred dollars ($100.00) and shall be required to have said dog tattooed in a manner prescribed by the Rhode Island General Laws Section 4-13.l-3(a)(2) at a fee of ten dollars ($10.00), and for a second violation of this section shall be fined two hundred-fifty dollars ($200.00) ($250.00) and shall be required to have said dog tattooed in a manner prescribed by Rhode Island General Laws Section 4.13.1-3(a)(2) and for a third or subsequent offense shall be fined five hundred dollars ($500.00) and shall be required to have said dog tattooed in a manner prescribed by Rhode Island General Laws Section 4-13.l-3(a)(2).

In addition, any owner or keeper convicted of a third or subsequent violation of any offense under this Chapter, shall present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by such vicious dog, which policy shall contain a provision requiring the city or town to be named as additional insured for the sole purpose of the city clerk where such dog is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy and the owner or keeper shall comply with the provisions of Rhode Island General Laws Section 4.13.1-3(a).

No fine and/or tattooing requiring shall be suspended by any court of competent jurisdiction.

6.08.040 - Dogs to be kept under restraint.

A. All animals not otherwise in an enclosed space on private property shall remain at all times under the restraint and control of a properly fitting leash or other security device, whose intended purpose is to restrain the animal at issue and said leash is under the dominion and control of a competent person.

B. The dog officer shall take possession of any animal that is at large.

C. An owner or guardian of any animal found to be in violation of this section shall for the first offense be fined one hundred dollars ($100.00) and shall be required to have said dog tattooed in a manner prescribed by the Rhode Island General Laws Section 4-13.l-3(a)(2) at a fee of one hundred dollars ($100.00); and for a second violation of this section shall be fined two hundred-fifty dollars ($250.00) and shall be required to have said dog tattooed in a manner prescribed by Rhode Island General Laws Section 4.13.1-3(a)(2) at a fee of two hundred-fifty dollars,; and for a third or subsequent offense shall be fined five hundred dollars ($500.00), shall be required to have said dog tattooed in a manner prescribed by Rhode Island General Laws Section 4-13.l-3(a)(2) at a fee of five hundred dollars ($500.00), and shall forfeit their ability to acquire a future dog license or dog license renewal for any animal. No fine and/or tattooing requiring shall be suspended by any court of competent jurisdiction.

6.08.050 - Impoundment.

A. Any dog, or dogs running at large shall be taken up by the dog officer, and impounded in the shelter designated as the city dog pound, and there confined in a humane manner for a period of not less than seven days, unless first claimed by the owner thereof in accordance with Section 6.08.060, and may thereafter be disposed of in a humane manner if not claimed by their owners.

B. The dog officer may transfer possession of any dog held at the dog pound to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog has not been claimed by its owner.

C. When dogs are found running at large, and their ownership is known to the dog officer, such dogs need not be impounded but such officer may cite the owners of such dogs in accordance with Section 6.08.220 of this chapter.

D. Immediately upon impounding dogs, the dog officer shall make every possible reasonable effort to notify the owners of such dogs, so impounded, and inform such owners of the conditions whereby they may retain custody of such dogs.

E. Any animal, other than a dog, found running at large within the city limits may be impounded or disposed of according to law when such action is required either to protect the animal or to protect the residents of the city.

F. No animal shall be destroyed, transferred to the Society for the Prevention of Cruelty to Animals or otherwise disposed of, or delivered to anyone other than the owner, by the dog officer pursuant to this chapter, until five days has elapsed after written notice to the owner of the animal that the animal is impounded and informing the owner of the conditions under which custody of the animal may be regained. Such written notice shall be delivered to the owner by a police officer or be sent by certified mail, return receipt requested. Except where exotic/wild/hybrid animals are involved, and state law requires transfer of said animal to a state agency.

6.08.060 - Redemption of animals.

A. The owner shall be entitled to regain possession of any impounded dog or other animal, except as hereinafter provided in the cases of certain dogs, at any time upon the payment of impoundment fees set forth herein.

B. Any dog or other animal impounded under the provisions of this chapter and not reclaimed by its owner within seven days, may be humanely destroyed by the dog officer, have its possession transferred to the Society for the Prevention of Cruelty to Animals as provided for in Section 6.08.050(B), or placed in the custody of some person deemed to be a responsible and suitable person, who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the dog officer.

6.08.070 - Redemption of animals—Fees.

Any animal impounded may be reclaimed, as herein provided, upon payment by the owner to the dog officer of the sum of ten two-hundred fifty dollars ($10.00) ($250.00) plus the additional sum of five fifty dollars ($50.00) for each day such animal has been impounded. Such fees shall be collected by the dog officer for the city and turned over to the city collector.

6.08.080 - Confinement of certain dogs and other animals.

A. Every female dog or other animals in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel or under control of a competent agent, in such a manner that such female dog or other animals cannot come in contact with another dog or animal, except for intentional breeding purposes.

B. Any animal described in the foregoing subsections of this section found at large, shall be impounded by the dog officer and may not be reclaimed by owners, unless such reclamation be authorized by any court having jurisdiction.

C. Any dog or other animal may, the first time it is impounded for being a public nuisance, be reclaimed as provided in Section 6.08.050(A), but may not be reclaimed when so impounded on second or subsequent occasions unless such reclamation is authorized by a court having jurisdiction in the matter.

D. When in the judgment of the dog officer or any police officer in this city, an animal should be destroyed for humane reasons, such animal may not be reclaimed.

E. No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the dog officer, provided, however, that wild animals may be kept for exhibiting purposes by circuses, zoos, and educational institutions, in accordance with such regulations shall be established by the dog officer. Any wild animal which escapes and is found at large may be destroyed by the dog officer or any police officer of this city.

F. The owner of any known fierce, dangerous or vicious dog shall be responsible for its actions and should the animal bite or otherwise inflict any injury upon any person or persons, he or she shall be subject to a fine of one five hundred dollars ($100.00) ($500.00) per violation, or twenty (20) days in jail, or both. for the first offense; one hundred dollars ($100.00) or twenty (20) days in jail for the second offense; one hundred dollars ($100.00) or thirty (30) days in jail for the third offense or any subsequent offense thereafter. No fine and/or incarceration shall be suspended by any court of competent jurisdiction.

G. The owner of any exotic/wild/hybrid animal as defined in Section 6.08.010, shall be responsible for its actions and should the animal bite or otherwise inflict any injury upon any person or persons, he or she shall be subject to a fine of five hundred dollars ($500.00) per violation, or twenty (20) days in jail, or both. No fine and/or incarceration shall be suspended by any court of competent jurisdiction.

6.08.090 - Rabies control.

A. Every animal which bites a person shall be promptly reported to the dog officer, and shall thereupon be securely quarantined at the direction of the dog officer for a period of fourteen (14) days, and shall not be released from such quarantine except by written permission of the dog officer. At the discretion of the dog officer, such quarantine may be on the premises of the owner, at the shelter designated as the dog pound, or at the owner's option and expense, in a veterinary hospital of his or her choice. In the case of stray animals, or in the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated by the dog officer.

B. The owner upon demand by the dog officer shall forthwith surrender any animal which has bitten a human or animal, or which is suspected as having been exposed to rabies, for supervised quarantine, the expense of which shall be borne by the owner. Such animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees set forth in Section 6.08.060.

C. When rabies has been diagnosed in an animal under quarantine or rabies suspected by a licensed veterinarian, and the animal dies while under such observation, the dog officer shall immediately send the head of such animal to the state health department for the pathological examination, and shall notify the proper public health officer of reports of human and animal contacts and the diagnosis.

D. When one or both reports indicate a positive diagnosis of rabies, the dog officer shall recommend an area wide quarantine for a period of ninety (90) days, and upon invoking of such emergency quarantine, no animal shall be taken into the streets, or permitted to be in the streets, during such period of quarantine. During such quarantine, no animal may be taken or shipped from the city without written permission of the dog officer.

During this quarantine period and as long afterward as he or she decides, it is necessary to prevent the spread of rabies, the dog officer shall require all dogs, six months of age and older, to be vaccinated against rabies with a canine rabies vaccine approved by the biologics control section of the United States Department of Agriculture. The types of approved canine anti-rabies vaccine to be used and the recognized duration of immunity for each shall be those established by the state health department. All vaccinated dogs shall be restricted (leashing or confinement on enclosed premises) for thirty (30) days after vaccination. During the quarantine period, the dog officer shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located throughout the city.

No dog which has been impounded by reason of its being a stray unclaimed by its owner, may be claimed during the period of the rabies emergency quarantine, except by special authorization of the dog officer.

E. Dogs bitten by a known rabid animal shall be immediately destroyed or if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in an enclosure of six months shall be enforced. If the dog has been previously vaccinated, within time limits established by the dog officer based on the kind of vaccine used, revaccination and restraint (leashing and confinement) for thirty (30) days shall be carried out.

F. In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six months.

G. No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except herein provided, nor remove the same from the city limits without written permission from the dog officer.

H. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the dog officer.

I. The dog officer shall direct the disposition of any animal found to be infected with rabies.

J. No person shall fail or refuse to surrender any animal for quarantine for destruction as required herein when demand is made therefor by the dog officer.

(Prior code § 4-10)

6.08.100 - Reports of bite cases.

It shall be the duty of every witness to a bite inflicted by an animal, owner of an animal involved in a bite inflicted by an animal, and physician, hospital or other medical practitioner, to report to the dog officer or police department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control. Any person found in violation of this section shall be fined no more than five hundred dollars ($500.00) per offense.  No fine shall be suspended by any court of competent jurisdiction.

6.08.110 - Responsibilities of veterinarians.

It shall be the duty of every licensed veterinarian to report to the dog officer any animal known or considered by him or her to be a rabies suspect.  

6.08.180 - Nuisance abatement.

A. The keeping or harboring of any dog or other domestic animal, whether licensed or not, which is by barking, biting, howling or yelping in any other manner, disturbing the public peace or the quiet of any person whomsoever, is unlawful and is declared to be a nuisance, and each day shall constitute a separate offense if a complaint is affirmed by a proper public official.

B. Allowing or permitting any animal to trespass on private or public property so as to damage or destroy any property or thing of value, is unlawful and declared to be a nuisance, and each day shall constitute a separate offense if a formal complaint(s) is confirmed by a defined public official(s).

C. Whenever a formal complaint(s) is made that a dog or other domestic animal is a nuisance by reason of any of the foregoing, an animal control officer or any police officer shall investigate the formal complaint(s) and if such nuisance is found to exist, notice shall be served by an animal control officer or any police officer upon the owner, keeper or guardian of such animal, to abate such nuisance.

D. It shall be unlawful for any owner, keeper or guardian of a dog or other domestic animal to refuse or neglect to abate such a nuisance after they receive notice to do so from an animal control officer or any police officer.

E. All formal complaint(s) pertaining to noise nuisances made under the provisions of this section, shall be made in writing to an animal control officer or any police officer, and no formal complaint(s) shall be taken and no summons shall be issued for any violation unless there are at least two or more formal complaints by witnesses residing in separate domiciles who have signed such a formal complaint(s), or unless the police or animal control officer are summoned and witness the noise nuisance, notwithstanding the present authority of the animal control officers or police officers to issue summonses.

F. Any person violating any provisions of this section shall be fined an amount not to exceed one hundred twenty-five dollars ($100.00) ($25.00) for the first offense, an amount not to exceed two hundred fifty one hundred dollars ($250.00) ($100.00) for the second offense within a twelve (12) month period, an amount not to exceed five hundred two hundred dollars ($500.00) ($200.00) for the third and any subsequent offenses within a twelve (12) month period to be recovered for the use of the city.

6.08.190 - Miscellaneous provisions.

A. No dogs or other domestic animal shall be allowed in schoolyards or on school property, whether at large or under restraint, unless they are seeing-eye dogs, service dogs or official law enforcement canines.

B. No dogs or other domestic animal shall be allowed in any stores or eating places within the city, whether at large or under restraint, unless they are seeing-eye dogs, service dogs or official law enforcement canines.

C. No dog shall be allowed on any city-owned recreational facility, ball field or playground, or walking track, whether at large or under restraint, unless they are seeing-eye dogs, service dogs or official law enforcement canines so-called excepted. Dogs under restraint shall be allowed on walking trails in natural areas, including, but not limited to, trails at the Knight Farm property and along the Pawtuxet River.

D. All complaints made under the provisions of this chapter shall be made to the dog officer or any police officer and may be made orally, provided, however, that such complaint is within forty-eight (48) hours of the incident, reduced to writing on forms provided by the dog officer and shall be signed by the complainant showing his or her address and telephone number, if any.

E. The city council may establish by resolution a public dog pound at such place in the city as it may deem convenient and proper.

F. The city clerk shall not issue to any person, or to more than one person residing at the same address, licenses for more than two dogs unless the dog officer shall certify in writing to the city clerk that the premises at which such dogs are proposed to be kept are suitable for the keeping of more than two dogs and that the keeping of more than two dogs therein will not tend to create a nuisance. The city clerk shall collect an additional fee in the amount of two hundred-fifty ($250.00) dollars for each license provided to a single address that already have two or more dogs.

G. It shall be unlawful for any person to own or keep within the city more than two dogs, one or more of which are unlicensed, unless that person has and who does not have a kennel license or license set forth in §6.08.190(F) above, for the keeping of such dogs.

H. It shall be unlawful for any person or persons at the same address to own or keep within the city more than four cats, unless the premises are lawfully used for a kennel or pet shop.

  1.  The animal control officer shall charge a fee, as specified in the following schedule, to be paid by the owner of any dog or cat taken to the animal shelter for the purpose of transferring title or for the disposal of said animal according to law.

Fee Schedule

For each adult (six mos. or older) dog

$20.00

$50.00

 For each puppy

  5.00

$50.00

For each adult (six mos. or older) cat

10.00

 $50.00

For each kitten

  5.00

$50.00

6.08.200 - Authority to investigate.

In the discharge of the duties imposed by this chapter, the dog officer of this city shall have the authority at all reasonable times to enter upon any 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 involved in a violation of a provision of this chapter. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises for cause set forth herein.

6.08.210 - Interference with dog officer.

No person shall interfere with, hinder or molest the dog officer of this city in the performance of his or her duties, or seek to release any animal in the custody of the dog officer or any police officer, except as herein provided.

6.08.220 - Records to be kept.

A. It shall be the duty of the dog officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his or her custody.

B. It shall be the duty of the dog officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him or her and his or her investigation of the same.

C. It shall be the duty of the dog officer to keep, or cause to be kept, accurate and detailed records of all moneys belonging to the city, which records shall be open to inspection at all times by authorized personnel of the city and shall be audited by the city annually in the same manner as other city records are audited.

D. In addition to the duties of the dog officer as provided by law, the dog officer in the city shall make a monthly report to the city auditor of all dogs killed and buried by him or her, specifying the name and residence of the owner of such dog, the license number and the color and sex of such dog, and whether collared. The director of finance shall furnish to the dog officer printed forms for the returns aforesaid.

6.08.230 - Penalty for violation of chapter.

Except as otherwise provided in this chapter, any violation of any provisions of this chapter may be punished by destruction or disposition of the animal, or by the payment of a fine of one hundred dollars ($100.00) for the first offense, two hundred fifty dollars ($250.00) ($200.00) and seizure of the animal for the second offense within a year, and five four hundred dollars ($500.00) ($400.00) and seizure of the animal for the third and any subsequent offense within a year.

A second and subsequent violations of Sections 6.08.250 and 6.08.260 may be considered a violation of Rhode Island General Laws Section 4-1-2.

For a violation of any provision of this chapter, the enforcing officer shall issue a citation which may not be paid by mail but shall require an appearance before a justice of the Cranston municipal court.

Any owner or keeper convicted of a third or subsequent violation of any offense under this Chapter, shall present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by such vicious dog, which policy shall contain a provision requiring the city or town to be named as additional insured for the sole purpose of the city clerk where such dog is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy and the owner or keeper shall comply with the provisions of Rhode Island General Laws Section 4.13.1-3(a).

6.08.240 - Domestic animal waste and its removal.

A. Duties to Dispose. It shall be the duty of each person who owns, possesses or controls a domestic animal to remove and dispose of any feces left by his or her domestic animal on any sidewalk, street, park or other public area, or any other property, whether public or private owned by the city.

B. Duty to Possess Means of Removal. No person who owns, possesses or controls such domestic animal shall appear with such domestic animal on any sidewalk, street, park or other public area, or any other property, whether public or private, owned by the city without the means of removal of any feces left by such domestic animal.

C. Method of Removal and Disposal. For the purpose of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces.

D. Fines for Violation. Violation of this regulation shall be punishable by a fine not exceeding one hundred fifty ($150.00) twenty-five dollars ($25.00) for the first offense, not exceeding three one hundred dollars ($300.00) ($100.00) for the second offense within a year, not exceeding five two hundred dollars ($500.00) ($200.00) for the third and any subsequent offenses within a year to be recovered for the use of the city.

E. Exemption. This regulation shall not apply to a licensed dog accompanying any handicapped person who, by reason of his or her handicap, is physically unable to comply with the requirements of this section.

6.08.250 - Minimum care of animals.

A. An owner or guardian of any animal must provide daily proper nourishment and access to adequate water at a drinkable temperature, quality and quantity as required by the species, breed, size, and age of the said animal, which will allow and foster normal growth and maintenance of body weight.

B. An owner or guardian of any animal must maintain a sanitary environment, which is dry and free of accumulated feces, and free of debris and garbage that may clutter the environment so as not to inhibit comfortable rest, normal posture and range of movement or pose a danger to or entangle an animal, this as set by the industry standard for the environmental health scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).

C. An owner or guardian of any animal must maintain said animal's health with minimum veterinary care, and a healthy physical condition as set by the industry standard for the body condition scale, and physical care scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC).

6.08.260 - Disposition of animals.

Any animal seized in enforcement of Section 6.08.230 shall be impounded and, if the identity of owner is known by animal control, the animal control officer shall make every possible, reasonable effort to notify the owners of such animals so impounded and to inform the owners of the conditions whereby they may regain custody of their animal. Animal(s) seized will then be held for a period of ten (10) days, at the owners expense, unless (i) a release is signed by owner or guardian relinquishing ownership of the animal to the city, (ii) the animal is euthanized for humane reasons, or (iii) the owner remedies the problem for which the animal was seized, and the animal control officer sees it fit to return the animal to the owner upon payment of fees. Upon conclusion of the ten (10) day hold period, if the owner has not come forward, the animal may be humanely destroyed, have its title transferred to the Rhode Island S.P.C.A., or be placed in a suitable home or with a rescue group. The owner/guardian shall be accountable for all fines, fees, and costs to the city for the minimum care of the animal.

6.08.270 - Sheltering, tethering, and nourishment of dogs.

A. No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than thirty (30) minutes without access to adequate shelter or adequate water for use by such dog.

B. No person shall allow a dog to be kept outside tethered, penned, caged, fenced, or otherwise confined for more than thirty (30) minutes when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recently adopted version of the Tufts Animal Care and Conditions Scale (TACC). Penalties for violation of this section as set by Section 6.08.230.

6.08.280 - Animal confinement in motor vehicles prohibited.

A. No person shall confine any animal in a motor vehicle, or any such enclosure with little to no ventilation, in such a manner that places it in a life or heath threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, any individual who has a reasonable suspicion that an animal is in a motor vehicle, or any such enclosure, in such a manner that places the animal in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold, any individual may take steps that are reasonably necessary to remove an animal from the vehicle or enclosure. if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.

Nothing in this section shall prevent a law enforcement officer, firefighter or animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or any other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

C. A law enforcement officer, firefighter or animal control officer who removes an animal in accordance with this section shall in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.

D. A law enforcement officer, firefighter or animal control officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.

E. Any person who knowingly violates this section shall be subject to the penalties in Section 6.08.230 of this code.

Section 2.   This ordinance shall take effect upon its final adoption

Sponsored by Councilman Reilly, Councilwomen Renzulli and Germain

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