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  • Ordinance Subject: Animal Confinement in Motor Vehicle
  • Posted: December 05, 2013 12:35 PM
  • Municipality: North Providence

	Ordinance 13-009

ORDINANCES OF THE TOWN OF NORTH PROVIDENCE TO ADD
AN ARTICLE III ENTITLED “ANIMAL CONFINEMENT”
AND TO PROVIDE FOR SECTION 4-28 ENTITLED
“ANIMAL CONFINEMENT IN MOTOR VEHICLES”

It is hereby ordained by the Town of North Providence as
follows:
SECTION ONE. Animal Confinement in motor vehicles
prohibited.

(a) No person shall confine any animal in a motor vehicle
in such a manner that places it in a life or death 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, an animal control officer or law enforcement officer
who has probable cause to believe that this Section is being
violated shall have authority to enter such motor vehicle by
any reasonable means under the circumstances after making a
reasonable effort to locate the owner or other person
responsible.

(b) A law enforcement officer or animal control officer
may take all steps that are reasonably necessary to remove an
animal from a motor vehicle 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 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 or animal control officer
who removes an animal in accordance with this Section shall be
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 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 penalties. Any violation of any provisions of
this Section 4-28 may be punished by the payment of a fine of
one hundred dollars ($100.00) for the first offense, two
hundred dollars ($200.00) and seizure of the animal for the
second offense within a year, and four hundred dollars
($400.00) and seizure of the animal for the third and any
subsequent offense within a year.

For 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 North Providence Municipal Court.

SECTION TWO: All Ordinances or parts thereof inconsistent
herewith are hereby repealed.

SECTION THREE: This Ordinance shall take effect upon adoption
and any Ordinance inconsistent herewith is hereby repealed.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF NORTH PROVIDENCE AS FOLLOWS:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
TOWN SOLICITOR
ADOPTED:___________________ ____________________________
COUNCIL PRESIDENT
APPROVED:__________________ _____________________________
MAYOR
______________________________
TOWN CLERK


THIS ORDINANCE IS SCHEDULED FOR PUBLIC HEARING AT THE NORTH PROVIDENCE TOWN COUNCIL MEETING OF JANUARY 7, 2013 AT 7:00 P.M. IN THE NORTH PROVIDENCE TOWN HALL, COUNCIL CHAMBERS , 2000 SMITH STREET, NORTH PROVIDENCE, RI 02911