Statute in Full:
CHAPTER 4-19. Animal Care. (Includes laws regarding pounds, kennels, pet shops, and shelters.)
CHAPTER 13. DOGS.
Regulation by Towns and Ordinance Powers:
§ 4-13-1 Regulatory ordinances Enforcement and penalties.
§ 4-13-1.1 Towns of Portsmouth, West Warwick, and Middletown and city of Woonsocket Vicious dog ordinance.
§ 4-13-1.2 Definitions.
§ 4-13-1.3 Rabies control board.
§ 4-13-2 Tax imposed by cities and towns Enactment of local laws to prevent damage to livestock.
§ 4-13-3 Prior ordinances preserved.
Licensing, Registration, & Collaring:
§ 4-13-4 Dog licenses Fees Penalties.
§ 4-13-4.1 Notice to new owner of inoculation and licensing requirements.
§ 4-13-5 License information and record.
§ 4-13-6 [Repealed.].
§ 4-13-7 Notice as to time and place of issuing licenses.
§ 4-13-8 Disposition of license fees.
§ 4-13-9 Pups exempt from license.
§ 4-13-10 Thoroughbred dogs exempt Kennel licenses.
§ 4-13-11 Annual census of dogs List of licenses issued.
§ 4-13-12 [Repealed.].
§ 4-13-13 Wrongful removal of collar Theft or destruction of licensed dogs Poisoning.
§ 4-13-14 Licensing by police authorities.
§ 4-13-15 Collaring of dogs Impoundment and disposition of uncollared dogs.
§ 4-13-15.1 Ordinances concerning unrestricted and vicious dogs prohibited Leash laws.
Damage Done by Dogs:
§ 4-13-16 Action for damages to animals Double damages on second recovery Destruction of offending dog.
§ 4-13-16.1 Injury to seeing-eye dogs or persons who are visually impaired Damages.
§ 4-13-17 Civil liability of person harboring dog for damages.
§ 4-13-18 Destruction of dogs in defense of person or livestock.
§ 4-13-19 Order to confine or kill vicious dog Subsequent damages.
§ 4-13-20 Appraisal of damages done by dogs.
§ 4-13-21 Appraisal and payment of damages in certain Newport county towns.
§ 4-13-22 Subrogation of town or city to claim for damages.
§ 4-13-23 Sworn testimony before appraiser.
§ 4-13-24 Penalty for neglect of duties.
§ 4-13-25 Election of special constable and appraiser in Pawtucket.
§ 4-13-26 4-13-28. [Repealed.].
Rabies Control
§ 4-13-29 Quarantine to suppress rabies Report of cases.
§ 4-13-29.1 Responsibility for local rabies control.
§ 4-13-29.2 Exemption from liability.
§ 4-13-29.3 Regulations for suppression of rabies.
§ 4-13-30 [Obsolete.].
§ 4-13-31 Compulsory rabies vaccination.
§ 4-13-32 Penalty for violation of rabies suppression provisions.
Agent of Society for Prevention of Cruelty to Animals; Special Constables:
§ 4-13-33 Agent of society for prevention of cruelty as special constable.
§ 4-13-34 Correction of defects in prosecutions.
§ 4-13-35 Immunity of officers from costs.
§ 4-13-36 Agent of Robert Potter league for animals in town of Portsmouth as special constable.
§ 4-13-37 Agent of Robert Potter league for animals in town of Middletown as special constable.
Dogs Chasing Deer:
§ 4-13-38 Dogs attacking deer.
§ 4-13-39 Penalties.
Exemptions; Use of Terms Owner or Guardian:
§ 4-13-40 Exemptions from application of chapter.
§ 4-13-41 Use of the terms owner or guardian.
CHAPTER 4-13.1. Regulation of Vicious Dogs.
§ 4-13.1-1 Declaration of purpose.
§ 4-13.1-2 Definitions.
§ 4-13.1-3 Requirements for registration.
§ 4-13.1-4 Control of vicious dogs.
§ 4-13.1-5 Harboring dogs for dog fighting Training dogs to attack humans Selling, breeding, or buying dogs.
§ 4-13.1-6 [Repealed.].
§ 4-13.1-7 Action for damages Destruction of offending vicious dog.
§ 4-13.1-8 Exemptions.
§ 4-13.1-9 Penalties for violation Licensing ordinances and fees.
§ 4-13.1-10 Legal registration drives.
§ 4-13.1-11 Determination of a vicious dog.
§ 4-13.1-12 Uniform summons Mail-in fines Prosecution.
§ 4-13.1-13 Liability of parents for damages caused by dog owned by minor.
§ 4-13.1-14 Severability.
§ 4-13.1-15 Use of the terms owner or guardian.
CHAPTER 4-19. Animal Care.
§ 4-19-1 Purpose.
§ 4-19-2 Definitions.
§ 4-19-3 Registration of municipal dog pounds.
§ 4-19-4 Registration of animal shelters.
§ 4-19-5 Pet shop licenses.
§ 4-19-6 Public auction and kennel licenses.
§ 4-19-7 Dealer licenses.
§ 4-19-8 Denial of certificates of registration or licenses.
§ 4-19-9 Operation of pet shop, kennel or public auction without a license.
§ 4-19-10 Dealing in animals without a license.
§ 4-19-11 Mistreatment of animals.
§ 4-19-11.1 Destruction of animals by carbon monoxide poisoning.
§ 4-19-11.2 Destruction of animals and cats Reporting.
§ 4-19-11.3 Penalty for violations.
§ 4-19-12 Disposition of animals.
§ 4-19-12.1. Public health exemptions
§ 4-19-13 Rules and regulations.
§ 4-19-14 Chapter inapplicable.
§ 4-19-15 Access of inspectors to property.
§ 4-19-16 Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.
§ 4-19-17 Forfeited deposits.
§ 4-19-18 Penalties for violations.
§ 4-19-19 Adoption of municipal ordinances.
§ 4-19-20 Severability.
§ 4-19-21 Use of the terms owner or guardian.
TITLE 4. ANIMALS AND ANIMAL HUSBANDRY. CHAPTER 13. DOGS.
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 [FN1] 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 § 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 § 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) on a second offense;
(C) A fine not exceeding one thousand dollars ($1,000) on 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) on a first offense;
(B) A fine not exceeding one thousand dollars ($1,000) on 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).
(23)(i) The Lincoln town council is authorized 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 twenty-five dollars ($125) for the third and each subsequent offense within a calendar year.
(ii) The Lincoln town council is authorized to enact an ordinance permitting the dog officer and police officers in that town to issue citations to the owners of dogs for the violation of any dog ordinance, which citation may be paid by mail.
(24)(i) The East Providence city council is authorized to enact an ordinance permitting the animal control officer or any police officer in that city to issue citations to persons in violation of any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as follows:
(A) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar year;
(B) A fine of not more than sixty dollars ($60.00) for the second offense within a calendar year;
(C) A fine of not more than one hundred twenty dollars ($120) for the third offense within a calendar year; and
(D) A fine of not more than three hundred dollars ($300) for the fourth offense and any subsequent offense within a calendar year. P.L. 1970, ch. 96, § 1; P.L. 1970, ch. 196, § 1; P.L. 1976, ch. 86, § 1; P.L. 1977, ch. 43, § 1; P.L. 1978, ch. 74, § 1; P.L. 1979, ch. 65, § 1; P.L. 1980, ch. 120, § 1; P.L. 1983, ch. 94, § 1; P.L. 1983, ch. 275, § 1; P.L. 1983, ch. 286, § 1; P.L. 1984, ch. 17, § 1; P.L. 1984, ch. 27, § 1; P.L. 1984, ch. 99, § 1; P.L. 1984, ch. 370, § 1; P.L. 1985, ch. 91, § 1; P.L. 1985, ch. 111, § 1; P.L. 1985, ch. 133, § 1; P.L. 1985, ch. 210, § 1; P.L. 1987, ch. 157, § 1; P.L. 1987, ch. 304, § 1; P.L. 1988, ch. 118, § 1; P.L. 1988, ch. 480, § 1; P.L. 1993, ch. 338, § 1; P.L. 1994, ch. 36, § 1; P.L. 1994, ch. 119, § 1; P.L. 1994, ch. 276, § 1; P.L. 1994, ch. 278, § 1; P.L. 1996, ch. 35, § 1; P.L. 1998, ch. 201, § 1; P.L. 1999, ch. 58, § 1; P.L. 1999, ch. 401, § 1; P.L. 2002, ch. 72, § 1; P.L. 2002, ch. 101, § 1; P.L. 2002, ch. 260, § 1; P.L. 2002, ch. 372, § 1; P.L. 2004, ch. 29, § 1; P.L. 2004, ch. 78, § 1; P.L. 2004, ch. 120, § 1; P.L. 2004, ch. 217, § 1; P.L. 2006, ch. 500, § 1, eff. July 7, 2006. Codifications: G.L. 1896, ch. 111, § 1; G.L. 1909, ch. 135, § 1; G.L. 1923, ch. 136, § 1; G.L. 1938, ch. 639, § 1.
[FN1] Probably should read "more than".
4-13-1.1. Towns of Portsmouth, West Warwick, and Middletown and city of Woonsocket -- Vicious dog ordinance. --
(a) Notwithstanding any other provisions of this section or the general laws to the contrary, the town councils of the towns of Portsmouth, West Warwick and Middletown may, by ordinance, provide that the owner or keeper of any dog that assaults any person shall be fined an amount not less than one hundred dollars ($100) nor more than two hundred dollars ($200) to be used as that city or town council may prescribe. However, this fine shall not be imposed unless the officer responsible for enforcement of that ordinance has conducted an investigation of the assault and has certified that the dog was off the property of its owner or keeper and at large at the time the assault occurred or that the assault resulted from the negligence of the owner or keeper.
(b) In the city of Woonsocket an owner shall not be declared negligent if an injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, provoking, abusing or assaulting the dog or was committing or attempting to commit a crime.
P.L. 1984, ch. 370, § 1; P.L. 1988, ch. 480, § 1; P.L. 1999, ch. 401, § 1; P.L. 2002, ch. 72, § 1; P.L. 2002, ch. 372, § 1.
4-13-1.2. Definitions. --
(1) "Board" means the rabies control board.
(2) "Department" means the department of environmental management or its successor.
(3) "Director" means the director of the department of environmental management (or its successor) or his or her designee.
(4) "Division" means the division of agriculture.
(5) "Livestock" means domesticated animals which are commonly held in moderate contact with humans which include, but are not limited to, cattle, bison, equines, sheep, goats, llamas, and swine.
(6) "Owner keeper" means any person or agency keeping, harboring or having charge or control of or responsibility for control of an animal or any person or agency which permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.
(7) "Person" means an individual, firm, joint stock company, partnership, association, private or municipal corporation, trust, estate, state, commission, political subdivision, any interstate body, the federal government or any agency or subdivision of the federal government, other government entity, or other legal entity.
(8) "Pets" means domesticated animals kept in close contact with humans, which include, but may not be limited to dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.
(9) "Quarantine" means the removal, isolation, the close confinement or related measures of an animal under conditions and for time periods that are set by regulation of the board.
(10) "Guardian" shall mean a person(s) having the same rights and responsibilities of an owner, keeper and both terms shall be used interchangeably. A guardian shall also mean a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal's safety and well-being.
P.L. 1992, ch. 353, § 1; P.L. 1995, ch. 388, § 1; P.L. 1998, ch. 441, § 10; P.L. 2001, ch. 72, § 4.
4-13-1.3. Rabies control board. --
(a) There shall be a rabies control board consisting of seven (7) people as follows:
(1) The director of the Rhode Island department of environmental management or his or her designee;
(2) The director of the Rhode Island department of health or his or her designee;
(3) A Rhode Island licensed veterinarian, appointed by the governor, who is a member of the Rhode Island veterinary medical association;
(4) A livestock farmer, appointed by the governor, who is a member of the Rhode Island farm bureau;
(5) A member of a recognized Rhode Island humane group (such as the Rhode Island society for prevention of cruelty to animals), appointed by the governor;
(6) The state veterinarian, who shall serve as chairperson;
(7) A member of the Rhode Island animal control association, appointed by the governor. (b) All appointments made under this section after the effective date of this act [April 20, 2006] shall be subject to the advice and consent of the senate. The members of the board shall serve without compensation. The board members from the departments of health and environmental management shall serve at the discretion of their directors. The state veterinarian shall serve without term. Nongovernmental members shall serve for a period of three (3) years and reappointments shall be made by the governor with the advice and consent of the senate. (c) Vacancies for citizen members shall be filled by appointment, in the same manner as the original appointment, for the unexpired term only. Four (4) members of the board shall constitute a quorum. (d) Members of the board shall be removable by the governor pursuant to § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful. (e) The board may elect from among its members such other officers as they deem necessary. (f) The director of the department of environmental management shall direct staff to support the board within the constraints of available resources. (g) Within ninety (90) days after the end of each fiscal year, the board shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of any legal matters related to the authority of the board; a summary of any training courses held pursuant to subsection 4-13-1.3(i); a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision. (h) Newly appointed and qualified members and new designees of ex officio members of the board are required to complete a training course within six (6) months of their qualification or designation. The course shall be developed by the chair of the board, approved by the board and conducted by the chair of the board. The board may approve the use of any board or staff members or other individuals to assist with training. The course shall include instruction in the following areas: chapters 4-13, 42-46, 36-14 and 38-2; and the board's rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [April 20, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2. P.L. 1992, ch. 353, § 1; P.L. 1995, ch. 388, § 1; P.L. 2001, ch. 180, § 3; P.L. 2006, ch. 22, § 2, eff. April 20, 2006; P.L. 2006, ch. 27, § 2, eff. May 3, 2006.
4-13-2. Tax imposed by cities and towns -- Enactment of local laws to prevent damage to livestock. --
The city or town council of any city or town may impose a yearly tax upon every person in their city or town for every dog owned or kept by him or her as the council shall judge proper; and also make any laws to prevent damage to sheep and cattle as they may deem necessary.
G.L. 1896, ch. 111, § 2; G.L. 1909, ch. 135, § 2; G.L. 1923, ch. 136, § 2; G.L. 1938, ch. 639, § 2; G.L. 1956, § 4-13-2.
4-13-3. Prior ordinances preserved. --
Nothing in this chapter shall be construed as to repeal any ordinance concerning dogs, not inconsistent with the provisions of this chapter, which has been passed by any town or city council.
G.L. 1896, ch. 111, § 9; G.L. 1909, ch. 135, § 9; G.L. 1923, ch. 136, § 9; G.L. 1938, ch. 639, § 9; G.L. 1956, § 4-13-3.
4-13-4. Dog licenses -- Fees -- Penalties. --
(a)(1) Every owner or keeper of a dog shall annually in April obtain a license effective May 1 in the office of the city or town clerk of the city or town in which the owner or keeper resides.
(2) The fees for the license shall be five dollars ($5.00).
(3) No city or town shall issue any license under this section unless the dog has been inoculated against rabies for the period of time which the license would be valid.
(4) All licenses issued under the provisions of this chapter shall be valid in every city or town during the then current year.
(5) Any person who becomes the owner or keeper of a dog shall obtain a license within thirty (30) days after he or she becomes the owner or keeper.
(6)(i) The Cumberland town clerk may issue a license renewable every two (2) years for a licensing fee of six dollars ($6.00).
(ii) Glocester town council may provide for an annual licensing fee of fourteen dollars ($14.00) for all dogs except spayed or neutered females and males and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.
(iii) Jamestown town council may provide by ordinance for an annual licensing fee not to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars ($25.00) for unneutered dogs.
(iv) Newport city council may, however, provide by ordinance for an annual licensing fee of not more than ten dollars ($10.00) for all spayed and neutered dogs, and for an annual licensing fee of not more than fifteen dollars ($15.00) for unspayed females and unneutered males.
(v) North Smithfield town council may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs.
(vi)(A) South Kingstown town council may provide for an annual licensing fee of twelve dollars ($12.00) for all dogs except spayed or neutered females and male dogs and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.
(B) The South Kingstown town council may assess an impound fee.
(vii)(A) Westerly town council may provide by ordinance for an annual license fee of ten dollars ($10.00) for unspayed female dogs and unneutered male dogs;
(B) May provide for a fee of one dollar ($1.00) for the replacement of lost dog tags;
(C) May provide that no fee be charged to license guide dogs used by persons with disabilities;
(D) May provide for the number of licensed dogs which may be kept at any single-family residence, other than a breeding kennel; and
(E) May provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violations.
(viii) Woonsocket city council may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs.
(ix)(A) West Warwick town council may provide by ordinance for an annual license fee of seven dollars ($7.00) for each neutered male or spayed female and fifteen dollars ($15.00) for each unneutered male and unspayed female.
(B) May provide by ordinance for a payment of a two dollars ($2.00) fee for duplicate or for replacement tags.
(x)(A) Pawtucket city council may provide by ordinance for an annual licensing fee not to exceed fifteen dollars ($15.00) for spayed or neutered dogs, and not to exceed twenty-five dollars ($25.00) for unspayed or unneutered dogs.
(B) May provide by ordinance for an annual licensing fee for dogs owned by residents age 65 or older not to exceed five dollars ($5.00) for spayed or neutered dogs, and not to exceed ten dollars ($10.00) for unspayed or unneutered dogs.
(b) Every person, owning or keeping a dog not licensed and/or collared according to the provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the city or town, and that fine shall be in addition to all other lawful fees.
(c) Any city or town may waive the fee to be charged to license guide dogs used by persons with disabilities.
(d) In the city of Woonsocket, every person owning or keeping a dog not licensed and/or collared according to the provisions of this chapter shall be fined fifty dollars ($50.00) for the first offense, one hundred dollars ($100) for the second offense and one hundred fifty dollars ($150) for the third and subsequent offenses.
P.L. 1970, ch. 196, § 1; P.L. 1978, ch. 162, § 1; P.L. 1982, ch. 157, § 1; P.L. 1985, ch. 112, § 1; P.L. 1988, ch. 445, § 1; P.L. 1990, ch. 4, § 1; P.L. 1990, ch. 43, § 1; P.L. 1990, ch. 124, § 1; P.L. 1990, ch. 125, § 1; P.L. 1992, ch. 70, § 1; P.L. 1992, ch. 307, § 1; P.L. 1994, ch. 35, § 1; P.L. 1994, ch. 220, § 1; P.L. 1994, ch. 281, § 1; P.L. 1995, ch. 242, § 1; P.L. 1996, ch. 35, § 1; P.L. 1999, ch. 83, § 1; P.L. 1999, ch. 130, § 1; P.L. 1999, ch. 144, § 1; P.L. 1999, ch. 401, § 1; P.L. 1999, ch. 418, § 1; P.L. 2002, ch. 72, § 1; P.L. 2002, ch. 372, § 1; P.L. 2003, ch. 257, § 1; P.L. 2003, ch. 292, § 1; P.L. 2005, ch. 196, § 1; P.L. 2005, ch. 216, § 1.
4-13-4.1. Notice to new owner of inoculation and licensing requirements. --
(a) It is unlawful for any dog pound, animal shelter, kennel, pet store, or any other facility licensed pursuant to chapter 19 of this title to sell, give away, or adopt out any dog without providing the new owner with a form indicating that inoculation against rabies and permanent licensing are required within thirty (30) days.
(b) The facility shall also require the new owner to sign a register indicating that the new owner has received a form and register shall also contain the name and address of the new owner and shall be permanently maintained by the facility.
(c) The person obtaining a dog in this manner is required to have this dog inoculated against rabies and obtain a permanent license within thirty (30) days.
(d) Any person who violates the provisions of this section is subject to the penalty provisions of § 4-13-4.
P.L. 1987, ch. 388, § 1.
4-13-5. License information and record. --
Every owner or keeper of a dog applying for a license as provided for in § 4-13-4 shall furnish the city or town clerk with the following information: name and address of owner or keeper, and breed, sex, color, and name of dog to be licensed. The city or town clerk shall assign a registered number for each dog licensed and shall enter on the license the registered number, name, and address of the owner or keeper, and the breed, sex, color, and name of the dog licensed, and shall keep a record of all licenses issued.
G.L. 1896, ch. 111, § 10; G.L. 1909, ch. 135, § 10; P.L. 1916, ch. 1384, § 1; G.L. 1923, ch. 136, § 10; G.L. 1938, ch. 639, § 10; G.L. 1956, § 4-13-5; P.L. 1970, ch. 196, § 1.
4-13-6. [Repealed.]
Repealed Sections.
This section (G.L. 1923, ch. 135, § 10; P.L. 1916, ch. 1384, § 1; G.L. 1923, ch. 136, § 10; G.L. 1938, ch. 639, § 10; G.L. 1956, § 4-13-6), concerning certification as to spayed dog, was repealed by P.L. 1970, ch. 196, § 2.
4-13-7. Notice as to time and place of issuing licenses. --
The city or town clerks of the several cities and towns shall annually, in the month of March, give notice by publication at least once in a newspaper of general circulation within the city or town, giving notice to the people of the time and place for issuing the licenses provided for in this chapter.
G.L. 1896, ch. 111, § 19; G.L. 1909, ch. 135, § 19; G.L. 1932, ch. 136, § 19; G.L. 1938, ch. 639, § 19; G.L. 1956, § 4-13-7; P.L. 1970, ch. 196, § 1.
4-13-8. Disposition of license fees. --
Towns and cities may adopt ordinances or regulations concerning the use of money received, but where no ordinances or regulations are adopted, town and city clerks shall issue licenses and receive the money and pay the money into the treasury of the city or town retaining fifty cents (50centsfor his or her own use for each license issued.
G.L. 1896, ch. 111, § 11; G.L. 1909, ch. 135, § 11; G.L. 1923, ch. 136, § 11; G.L. 1938, ch. 639, § 11; G.L. 1956, § 4-13-8; P.L. 1962, ch. 7, § 1; P.L. 1970, ch. 196, § 1.
4-13-9. Pups exempt from license. --
No license shall be required for any dog under the age of six (6) months.
G.L. 1909, ch. 111, § 29; P.L. 1897, ch. 462, § 2; G.L. 1909, ch. 135, § 29; G.L. 1923, ch. 136, § 29; G.L. 1938, ch. 639, § 30; G.L. 1976, § 4-13-9.
4-13-10. Thoroughbred dogs exempt -- Kennel licenses. --
No license fee is imposed on any thoroughbred dogs kept for breeding and stud purposes only; provided, that the dog is owned by a breeder or annual exhibitor of thoroughbred dogs; and provided, further, that the dogs are kept in a breeding kennel licensed in accordance with the provisions of this section, and only allowed at large in charge of the owner or keeper of that kennel. Every owner or keeper of thoroughbred dogs may make application to the city or town clerk or board of police commissioners or chief of police granting the dog licenses in the town or city in which that kennel is proposed to be located for what shall be known as a kennel license. The application states the name or names of the owner and keeper of the kennel, the proposed location of the kennel, and the number of dogs to be kept; and that the dogs are to be kept only for breeding and stud purposes. If that town or city clerk or board of police commissioners or chief of police deems that the kennel and the use and operation of that kennel at that location would not constitute a public nuisance, he, she, or they shall issue a kennel license authorizing the owner or keeper to keep the kennel in the definite location to be specified in the license, upon the payment by the applicant of twenty-five dollars ($25.00) for the license. Every kennel license is for a period not exceeding one year and expires on the first day of April. All moneys received shall be credited to the dog fund of the town or city. Any person without a kennel license who establishes or keeps a kennel shall be fined not exceeding five dollars ($5.00) for each day the kennel is kept.
G.L. 1909, ch. 111, § 28; P.L. 1897, ch. 462, § 1; G.L. 1909, ch. 135, § 28; P.L. 1915, ch. 1240, § 2; G.L. 1923, ch. 136, § 28; P.L. 1925, ch. 645, § 1; G.L. 1938, ch. 639, § 29; G.L. 1956, § 4-13-10; P.L. 1970, ch. 196, § 1.
4-13-11. Annual census of dogs -- List of licenses issued. --
The city or town sergeant of each city or town, or any special constables as the city or town council of the city or town may appoint, annually in the month of April, shall ascertain and make a list of the owners or keepers of dogs in the city or town and return the list to the city or town clerk on or before the last day of May. The sergeant or constables shall receive from the city or town treasury the sum of twenty cents (20centsfor each dog listed, except in the city of Providence, where the special constable shall receive from the city treasurer a sum fixed by the city council of the city for each dog listed. The city or town clerk shall within two (2) weeks thereafter furnish to the city or town sergeant or to each special constable appointed and sworn a list of all dogs licensed for the current year and a list of those not licensed, with the names of the owners or keepers, and shall, except in the cities of Newport and Providence, post the list in at least three (3) public places in the city or town or publish the list in any other manner as the city or town council may direct. This section does not apply to the city of Pawtucket insofar as special provision is made for that city.
G.L. 1896, ch. 111, § 12; P.L. 1897, ch. 453, § 1; G.L. 1909, ch. 135, § 12; G.L. 1923, ch. 136, § 12; P.L. 1932, ch. 1951, § 3; G.L. 1938, ch. 639, § 12; G.L. 1956, § 4-13-11.
4-13-12. [Repealed.]
Repealed Sections.
This section (G.L. 1896, ch. 111, § 13; P.L. 1897, ch. 453, § 1; G.L. 1909, ch. 135, § 13; G.L. 1923, ch. 136, § 13; G.L. 1938, ch. 639, § 13; G.L. 1956, § 4-13-12), concerning destruction of unlicensed dogs, was repealed by P.L. 1985, ch. 270, § 1, effective June 19, 1985.
4-13-13. Wrongful removal of collar -- Theft or destruction of licensed dogs -- Poisoning. --
Whoever wrongfully removes the collar from the neck of a dog licensed and collared according to the provisions of this chapter, or steals a dog licensed or collared, or kills, maims, entices, carries away, or detains a licensed dog, or distributes or exposes a poisonous substance, with the intent that the poisonous substance shall be eaten by a licensed dog, shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100) or be imprisoned not exceeding thirty (30) days, or both, and shall be liable to the dog's owner for damages in a civil action.
G.L. 1896, ch. 111, § 14; G.L. 1909, ch. 135, § 14; G.L. 1923, ch. 136, § 14; G.L. 1938, ch. 639, § 14; G.L. 1956, § 4-13-13; P.L. 1969, ch. 135, § 1; P.L. 1985, ch. 434, § 1.
4-13-14. Licensing by police authorities. --
The duties imposed on town and city clerks by this chapter shall be performed by the boards of police commissioners, respectively, in the cities and towns where these boards grant the dog licenses, and in the city of Newport by the chief of police of that city.
G.L. 1896, ch. 111, § 26; G.L. 1909, ch. 135, § 26; P.L. 1915, ch. 1240, § 1; G.L. 1923, ch. 136, § 26; G.L. 1938, ch. 639, § 27; G.L. 1956, § 4-13-14.
4-13-15. Collaring of dogs -- Impoundment and disposition of uncollared dogs. --
(a) Every owner or keeper of a dog shall cause the dog to wear a collar around its neck distinctly marked with its owner's or keeper's name and with its registered number. Any person may cause any dog not so collared to be impounded in the public pound of the town or city where the dog is found; and if the dog is not claimed by its owner or keeper within a period of five (5) days after the impoundment, the dog may be disposed of or destroyed. The five (5) days shall not include any day or part of a day that the public pound is not open for a specified period of time, not to be less than one-half ( 1/2 ) the normal hours of business, for the purpose of reclaiming any impounded dog by its rightful owner. All periods of time shall be listed in a prominent location at the entrance to all public pounds. The owner or keeper of any dog so impounded shall not take the dog out of the pound until he or she has first paid to the poundkeeper the expense of keeping the dog, that expense not to exceed two dollars ($2.00) per day and to be determined by the city or town council in which impoundment occurs. The town council of the town of Glocester may, by ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5) days during which this impoundment occurs plus five dollars ($5.00) every day the animal is detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the dog has a current rabies shot pursuant to § 4-13-31, and further, the dog shall not be released from the pound until all the provisions of this chapter and the ordinances of the city or town are complied with. The provisions of this section relating to the five (5) day waiting period shall not be deemed to apply to any dog which, when impounded, was injured or maimed, and after the dog has been examined by a licensed veterinarian who shall confirm, in writing, that the dog be destroyed for humanitarian purposes. The town of West Warwick may provide by ordinance an impounding fee of five dollars ($5.00) per day and may provide by ordinance for a fee for the purposes of transferring ownership or for the disposition of said animals according to law for each adult dog (six (6) months or older) the sum of twenty dollars ($20.00) and for each puppy the sum of five dollars ($5.00) for each adult cat (six (6) months or older) the sum of ten dollars ($10.00). (b) Any person violating the provisions of this section is subject to the penalty provisions of § 4-1-2. (c) Notwithstanding the provisions of subsection (a) the town council of the town of Exeter may impose an initial impoundment fee of up to fifteen dollars ($15.00) plus two dollars ($2.00) per day for each day of impoundment. (d) Notwithstanding the provisions of subsection (a), the city council of the city of East Providence is authorized to enact an ordinance imposing an initial impoundment fee of up to twenty dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment. P.L. 1911, ch. 666, § 1; P.L. 1970, ch. 196, § 1; P.L. 1981, ch. 63, § 1; P.L. 1981, ch. 176, § 1; P.L. 1994, ch. 37, § 1; P.L. 1999, ch. 59, § 1; P.L. 1999, ch. 401, § 1; P.L. 2006, ch. 500, § 1, eff. July 7, 2006. Codifications: G.L. 1896, ch. 111, § 4; G.L. 1909, ch. 135, § 4; G.L. 1923, ch. 136, § 4; G.L. 1938, ch. 639, § 4.
4-13-15.1. Ordinances concerning unrestricted and vicious dogs prohibited -- Leash laws. --
(a) City or town councils may make any ordinances concerning dogs in their cities or towns as the councils deem expedient, pertaining to the conduct of dogs, which ordinances shall include regulations relating to unrestricted dogs, leash laws, confinement, and destruction of vicious dogs. Those ordinances may provide as follows:
(1) Every owner or custodian of a dog shall cause that dog not to run unrestricted anywhere in the city or town. This section does not apply to any person who uses a dog under his or her direct supervision while lawfully hunting, while engaged in a supervised formal obedience training class or show or during formally sanctioned field trials.
(2) It is unlawful for any owner of a dog to place that dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of restricting the dog.
(3) The city or town dog officer is empowered to seize and impound any dog found off the property of its owner or custodian when that dog is unrestricted.
(4) Any person violating the provisions of this section shall be fined not exceeding two hundred and fifty dollars ($250).
(b) The town council of the town of Westerly is authorized to enact an ordinance permitting the animal control officer in that town to issue citations to the owner of any dog found off the property of its owner or custodian and to prescribe a pecuniary penalty not to exceed twenty-five dollars ($25.00) for each violation.
(c) The town council of the town of Exeter is authorized to enact an ordinance imposing an initial fee of up to fifteen dollars ($15.00) for the impoundment of a dog plus two dollars ($2.00) per day for each day of impoundment. The town of Exeter may also, in addition to the fines provided for under subsection (a)(4) of this section and under any other provision of law, require proof of liability insurance for a twelve (12) month period in the amount of one hundred thousand dollars ($100,000) for third time offenders of its animal control ordinances. Said insurance policy shall cover injuries and damages caused by the dog and shall, for purposes of notice, name the town as an additional insured.
P.L. 1984, ch. 306, § 1; P.L. 1996, ch. 35, § 1; P.L. 1999, ch. 60, § 1; P.L. 1999, ch. 275, § 1.
4-13-16. Action for damages to animals -- Double damages on second recovery -- Destruction of offending dog. --
If any dog kills, wounds, worries, or assists in killing, wounding or worrying, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person aggrieved, for all damage sustained, to be recovered in a civil action, with costs of suit. If afterwards any such damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved double the damage, to be recovered in the manner set forth and an order shall be made by the court before whom that second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order, and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of the dog knew that the dog was accustomed to causing this damage.
G.L. 1896, ch. 111, § 3; G.L. 1909, ch. 135, § 3; G.L. 1923, ch. 136, § 3; G.L. 1938, ch. 639, § 3; G.L. 1956, § 4-13-16.
4-13-16.1. Injury to seeing-eye dogs or persons who are visually impaired-- Damages. --
If any dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-eye dog certified for use as a guide-dog for a person who is blind or visually impaired, belonging to or in the possession of any person who is blind or visually impaired and under harness or engaged in the act of guiding its owner, or if any dog assaults, bites, or otherwise injures any person who is blind or visually impaired while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person who is blind or visually impaired aggrieved for double all damages sustained, to be recovered in a civil action, with costs of suit. If afterwards this damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved treble damages, to be recovered in the same manner, and an order shall be made by the court before whom the second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of this dog knew that the dog was accustomed to causing these damages.
P.L. 1979, ch. 374, § 1; P.L. 1999, ch. 83, § 1; P.L. 1999, ch. 130, § 1.
4-13-17. Civil liability of person harboring dog for damages. --
Any person keeping or harboring in his or her house or on his or her lands any dog, or knowingly suffering this to be done by any other person, shall be liable for all damages done by the dog in the same manner as if he or she were the owner.
G.L. 1896, ch. 111, § 5; G.L. 1909, ch. 135, § 5; G.L. 1923, ch. 136, § 5; G.L. 1938, ch. 639, § 5; G.L. 1956, § 4-13-17.
4-13-18. Destruction of dogs in defense of person or livestock. --
Any person may kill any dog that suddenly assaults him or her or any person of his or her family or in his or her company, while the person assaulted is out of the enclosure of the owner or keeper of that dog and any person may kill any dog found out of the enclosure of its owner or keeper, assaulting, wounding, or killing any cattle, sheep, lamb, horse, hog, or fowl, not the property of its owner.
G.L. 1896, ch. 111, § 6; G.L. 1909, ch. 135, § 6; G.L. 1923, ch. 136, § 6; G.L. 1938, ch. 639, § 6; G.L. 1956, § 4-13-18; P.L. 1981, ch. 374, § 1.
4-13-19. Order to confine or kill vicious dog -- Subsequent damages. --
(a) If any person, or any member of his or her family shall be assaulted by any dog, out of the enclosure of its owner or keeper, or if any person shall have reason to believe that any dog will, out of that enclosure, do any injury to his or her person, family or property, and shall make complaint under oath, to any judge of the district court, that judge shall issue a summons to the owner or keeper of the dog, to appear before the division of the district court having jurisdiction of the case; and if, on examination, the court shall believe that the assault is proved, or that the complaint has reasonable grounds for the belief, it shall adjudge, and shall adjudge that the defendant pay costs of the proceedings and award execution of the proceedings, otherwise the costs shall be paid by the complainant; and the court shall issue written notice to the owner or keeper, and the owner or keeper shall forthwith confine or kill the dog; and if he or she neglects to kill the dog or keep the dog confined, he or she shall forfeit the sum of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), to be recovered for the use of the city or town, and any person may kill the dog; and if, after that notice, the dog wounds or injures any person, or shall, elsewhere than on its owner's or keeper's premises, worries, wounds or kills any neat-cattle, sheep, lamb, geese or fowl, or does any other mischief, the owner or keeper is liable to pay the person injured triple damages with costs; and in all cases of complaints under this section recognizance shall be given for costs, and the fees and costs shall be the same as in other cases of complaints before the district court.
(b) The district court judge may, in his or her discretion, if the court determines the dog, while out of the enclosure of its owner or keeper, has assaulted a person or killed a domesticated animal and is dangerous, order the detention or destruction of the dog.
G.L. 1896, ch. 111, § 7; G.L. 1909, ch. 135, § 7; G.L. 1923, ch. 136, § 7; G.L. 1938, ch. 639, § 7; G.L. 1956, § 4-13-19; P.L. 1969, ch. 239, § 46; P.L. 1980, ch. 249, § 1.
4-13-20. Appraisal of damages done by dogs. --
Each town or city council, excepting the town and city councils in the cities of Newport and Pawtucket and in the towns of Jamestown, Little Compton, New Shoreham, Tiverton, Exeter, and Burrillville shall annually in the month of April appoint one or more suitable persons as appraisers, who shall be sworn to the faithful discharge of their duties, to appraise the damage that may be done to any owner of any sheep, goats or lambs, cattle or horses, hogs or fowls, closely confined game birds, or closely confined rabbits suffering loss by reason of the biting, maiming, or killing by any dog or dogs, and to give a statement in writing to the owner suffering the loss; and the owner, suffering loss, shall, within two (2) days after the loss comes to his or her knowledge, notify the appraiser, appointed and sworn, living nearest to him or her in the city or town where the damage occurred, of the loss; and the appraiser shall, on receipt of twenty-five cents (25centsfor each mile's travel (or, in the towns of Middletown and Portsmouth, twenty cents (20centsfor each mile's travel) and the sum of one dollar ($1.00) from the owner, appraise the damage and give a statement in writing, with his or her lawful fees taxed thereon, to the owner; and the owner shall, within sixty (60) days, present the statement to the city or town council of the city or town, who shall draw an order on the city or town treasurer for the amount of the appraisal and fees, or for any other amount as the council, in the council's discretion, after careful examination, shall deem just; and the order, when presented to the city or town treasurer, shall be paid in the same manner as any other order made by the city or town council upon the city or town treasurer.
4-13-21. Appraisal and payment of damages in certain Newport county towns. --
Each town or city council in the county of Newport, except in the towns of Middletown and Portsmouth, shall annually in the month of April appoint one or more suitable persons appraisers, who shall be sworn to the faithful discharge of their duties, to appraise the damage that may be done to any owner of any sheep or lambs, cattle, horses, hogs, goats, or fowls, suffering loss by reason of the biting, maiming, or killing by any dog, and to give a statement in writing to the owner suffering loss; and the owner, suffering loss shall within two (2) days after the loss comes to his or her knowledge, notify the appraiser, appointed and sworn, living nearest to him or her in the city or town where the owner resides, of the loss; and the appraiser shall, on receipt of twenty cents (20centsfor each mile's travel and the sum of one dollar ($1.00) from the owner, appraise the damage and give a statement in writing, with his or her lawful fees taxed thereon, to the owner; and the owner shall, within sixty (60) days, present to the town or city council of the town or city where the damage is done the appraisal, and the town or city council of the town or city shall draw an order on the town or city treasurer for the amount of the appraisal and fees, or for any other amount as the council, in the council's discretion, after careful examination, shall deem just. The town or city treasurer shall annually, on the last Monday in March, pay all those orders in full, if the gross amount received by the town or city under the provisions of this chapter, after deducting all sums previously laid out under those provisions, is sufficient; otherwise the town or city treasurer shall divide the amount, after deducting the sums, pro rata among the orders, and the payment shall be in full discharge of the orders.
4-13-22. Subrogation of town or city to claim for damages. --
Upon drawing an order as provided in §§ 4-13-20 and 4-13-21, the town or city may recover, in a civil action against the keeper or owner of any dog involved in the damage, full compensation for the damage done by his or her dog and costs of appraisal. Should the person suffering loss avail himself or herself of the provisions in §§ 4-13-20 -- 4-13-22, he or she shall not be entitled to maintain a suit for damages against the owner or keeper of the dog.
4-13-23. Sworn testimony before appraiser. --
Whenever any owner of a sheep or lamb, cattle, horse, hog or fowl, suffering loss by reason of the biting, maiming or killing by any dog, notifies the appraiser as provided in §§ 4-13-20 and 4-13-21, the appraiser shall require the owner and any other person to be sworn before him or her, touching the loss, and, when sworn, to answer in writing as to any facts or circumstances relating to the loss, and the special constable or appraiser shall administer the oath.
4-13-24. Penalty for neglect of duties. --
Any person appointed under the provisions of this chapter who qualifies himself or herself to act, and every city or town clerk and every city or town council, who willfully neglects to perform any of the duties imposed upon him, her, or them by the provisions, shall forfeit one hundred dollars ($100) for the use of any person who sues for the penalty.
G.L. 1896, ch. 111, § 18; G.L. 1909, ch. 135, § 18; G.L. 1923, ch. 136, § 18; G.L. 1938, ch. 639, § 18; G.L. 1956, § 4-13-24.
4-13-25. Election of special constable and appraiser in Pawtucket. --
The council of the city of Pawtucket shall in the month of February in each year elect a special constable under the dog law, and an appraiser of damage done by dogs.
P.L. 1932, ch. 1951, § 1; G.L. 1938, ch. 639, § 26; G.L. 1956, § 4-13-25.
4-13-26 -- 4-13-28. [Repealed.]
Repealed Sections.
Former §§ 4-13-26 -- 4-13-28 (P.L. 1912, ch. 800, §§ 1, 2; P.L. 1912, ch. 842, § 1; G.L. 1923, ch. 135, § 30; G.L. 1923, ch. 136, §§ 30 -- 32; P.L. 1929, ch. 1348, § 1; G.L. 1938, ch. 639, §§ 31 -- 33; G.L. 1956, §§ 4- 13-26 -- 4-13-28), concerning rabies examination and authorization and payment for rabies treatment, were repealed by P.L. 1992, ch. 353, §§ 3, 4, and 5, effective July 21, 1992.
4-13-29. Quarantine to suppress rabies -- Report of cases. --
(a) The rabies control board of Rhode Island is empowered to issue any rules and regulations not contrary to law that may be necessary in setting the terms and conditions of each type of quarantine or to quarantine any area or areas within the state that the board may from time to time deem necessary for the purpose of prevention, controlling, or suppressing rabies. The rabies control board is authorized to quarantine any animal suspected of harboring rabies and/or to delegate the authority to quarantine dogs, cats, and ferrets suspected of harboring rabies to local animal control officers (ACO) or other representatives authorized by the municipality. The board or its agents are authorized to seek a warrant from a court of competent jurisdiction for entry to any premises, public or private, where probable cause exists that a violation of this section and/or § 4-13-31 is occurring within or about the premises. Notification shall be given immediately to the board or any of its members by any person or persons, including but not limited to veterinarians, licensed to practice in this state, and city or town health officials, upon the detection by them of an animal suspected to be affected with rabies.
(b) Any appeal from an order of quarantine shall be to the superior court of Providence County or in the county in which the cause of action arose.
G.L. 1938, ch. 136, § 33; P.L. 1930, ch. 1597, § 1; G.L. 1938, ch. 639, § 34; G.L. 1956, § 4-13-29; P.L. 1992, ch. 353, § 2; P.L. 1995, ch. 388, § 1.
4-13-29.1. Responsibility for local rabies control. --
Each city and town is required to provide for the control of rabies in cats, dogs, and ferrets within its boundaries. The municipality may elect to adopt into ordinance provisions at least as stringent as this chapter and the regulations adopted by the board or it may choose to accept delegation of the authority of the board as provided in § 4-13-29. The rabies control board has the authority to institute a civil action to enforce the provisions of this section.
P.L. 1995, ch. 388, § 2.
4-13-29.2. Exemption from liability. --
Notwithstanding any provision of law to the contrary, neither the rabies control board, any member of the board, the state or any of the state's subdivisions, or any person acting as their agent, is subject to civil liabilities or penalties of any type, arising out of their actions performed in the course of their duties pursuant to this chapter. Nothing in this section is to be construed to limit or otherwise affect the liability of any person for damages resulting from the person's gross negligence or from the person's reckless, wanton, or intentional misconduct.
P.L. 1995, ch. 388, § 2.
4-13-29.3. Regulations for suppression of rabies. --
The rabies control board has the authority to promulgate rules and regulations necessary to carry out the functions required to prevent, control, or suppress rabies and every person who fails to comply with any regulation made shall be fined not exceeding five hundred dollars ($500), or be imprisoned not exceeding one year.
P.L. 1995, ch. 388, § 2.
4-13-30. [Obsolete.]
Compiler's Notes.
This section (G.L. 1938, ch. 136, § 34; P.L. 1930, ch. 1597, § 1; G.L. 1938, ch. 639, § 35; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 4-13- 30), relating to notice of quarantine to director of health, was omitted as obsolete in the 1976 Reenactment because of the provisions of P.L. 1962, ch. 80, § 12, as amended by P.L. 1963, ch. 74, § 1, which provided that "state veterinarian" shall be deemed to mean and include the director of health, thereby rendering meaningless the provisions of this section, which read: "The state veterinarian shall upon declaring a quarantine, as provided in § 4-13- 29, notify the state director of health of such action."
4-13-31. Compulsory rabies vaccination. --
(a) For the purpose of preventing the introduction of rabies when rabies appears in any nearby area and its appearance creates a threat of introduction into Rhode Island, or for the suppression, or for the control of rabies, the board shall make regulations requiring compulsory vaccination of dogs, cats, ferrets or any other domestic animal as deemed necessary against rabies in a manner specified by it in any area or areas within the state, which are deemed necessary to prevent that introduction, or for the purposes of suppression and control.
(b) The board is authorized to engage any personnel within the department of health or department of environment to assist in carrying out any regulation which may be promulgated for the suppression and control of rabies.
(c) Upon receipt of a written request from any city or town council or the mayor of any town or city and with the consent and approval of the health officers of those towns and cities, the board shall establish in cooperation with local and state health department authorities, public clinics for the vaccination of dogs, cats, and ferrets against rabies. Those clinics shall be conducted in accordance with provisions and regulations proposed by and under the supervision of the board.
(d) Rabies vaccine for animals may be administered only by or under the direct and specific supervision of a licensed veterinarian.
(e) Except as otherwise amended by board regulation, the owner or keeper of a dog, cat, or ferret shall have the animal vaccinated not earlier than three (3) months of age nor later than four (4) months of age and at regular intervals as prescribed by board regulations, but at no time to exceed recommendations made by the most current compendium of animal rabies control.
(f) Any veterinarian or any person directed by a veterinarian who vaccinates a dog, cat, or ferret against rabies must issue a rabies vaccination certificate to the animal's owner. This certificate shall meet the minimum standards approved by the board, which include: the veterinarian's name, the veterinarian's practice name, address and telephone number; the pet owner's name and address, the pet's name, species, age coloration and sex; the rabies vaccine manufacturer's name; the date of inoculation and the signature of the doctor who administered or directed the administration of the rabies vaccine. For dogs, cats, and ferrets, there shall be a record kept which lists the number of the rabies tag issued in conjunction with the rabies vaccination certificate.
(g) No city or town may register or license a pet that is not vaccinated for rabies in accordance with this chapter. Proof of rabies vaccination shall be a current, valid rabies certificate for any species.
(h) This chapter shall not apply to any dog or cat imported into this state strictly for exhibition or breeding purposes, and which does not remain in this state for more than fifteen (15) days and which is accompanied by a valid health certificate or certificate of veterinary inspection.
(i) A person who fails to have or refuses to have each dog, cat, and/or ferret owned or kept by the person vaccinated against rabies violates the provisions of this chapter.
G.L. 1956, ch. 639, § 34; P.L. 1954, ch. 3364, § 1; G.L. 1956, § 4-13-31; P.L. 1958, ch. 181, § 1; P.L. 1962, ch. 80, § 12; P.L. 1963, ch. 74, § 1; P.L. 1992, ch. 353, § 2; P.L. 1995, ch. 388, § 1.
4-13-32. Penalty for violation of rabies suppression provisions. --
Any person violating the provisions of §§ 4-13-29 and 4-13-31 shall be charged with a misdemeanor and fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense or be imprisoned for not less than ten (10) days nor more than thirty (30) days and/or be subject to confiscation of the animal(s) which is/are the basis of the violation.
G.L. 1956, ch. 136, § 35; P.L. 1930, ch. 1597, § 1; G.L. 1938, ch. 639, § 37; G.L. 1956, § 4-13-32; P.L. 1992, ch. 353, § 2; P.L. 1995, ch. 388, § 1.
4-13-33. Agent of society for prevention of cruelty as special constable. --
The board of police commissioners of any city, and the city council and town council of any city or town where there is no board of police commissioners, may appoint an agent of the Rhode Island society for the prevention of cruelty to animals as special constable or officer to enforce this chapter, and when appointed that agent shall have all the authority and power and be subject to all the duties and liabilities imposed upon special officers by this chapter. The general agent or any special agent of The Rhode Island society for the prevention of cruelty to animals shall have the authority to enforce this chapter whenever any violation of this chapter comes to the attention of that general agent or special agent.
G.L. 1938, ch. 141, § 20; P.L. 1927, ch. 1037, § 1; G.L. 1938, ch. 639, § 36; G.L. 1956, § 4-13-33; P.L. 1986, ch. 429, § 4.
4-13-34. Correction of defects in prosecutions. --
Any defect in any action, complaint and warrant, indictment or other proceeding commenced and prosecuted under this chapter, either of form or substance, may be amended by the court before which the action, complaint and warrant or indictment is originally brought or may be pending.
G.L. 1896, ch. 111, § 21; G.L. 1909, ch. 135, § 21; G.L. 1923, ch. 136, § 21; G.L. 1938, ch. 639, § 21; G.L. 1956, § 4-13-34.
4-13-35. Immunity of officers from costs. --
No officer making complaint under this chapter shall be required to give surety for costs, or be liable for the costs that may arise upon any complaint brought under this chapter.
G.L. 1896, ch. 111, § 27; G.L. 1909, ch. 135, § 27; G.L. 1923, ch. 136, § 27; G.L. 1938, ch. 639, § 28; G.L. 1956, § 4-13-35.
4-13-36. Agent of Robert Potter league for animals in town of Portsmouth as special constable. --
The town council of the town of Portsmouth may appoint an agent of the Robert Potter league for animals as special constable or officer to enforce this chapter, and when appointed, that agent shall have all the authority and power and be subject to all the duties and liabilities imposed upon special officers by this chapter.
P.L. 1962, ch. 79, § 1.
4-13-37. Agent of Robert Potter league for animals in town of Middletown as special constable. --
The town council of the town of Middletown may appoint an agent of the Robert Potter league for animals as special constable or officer to enforce this chapter, and when appointed, that agent shall have all the authority and power and be subject to all the duties and liabilities imposed upon special officers by this chapter.
P.L. 1962, ch. 119, § 1.
4-13-38. Dogs attacking deer. --
A person owning, keeping or possessing a dog shall not allow, permit or consent to this dog chasing, hunting, molesting, attacking, or killing a deer. The director of environmental management is authorized to issue an order to restrain all dogs from running at large in any city or town where, in the director's opinion, this restraining order is necessary to prevent dogs from chasing, hunting, molesting, attacking, or killing deer. This order shall be in effect forty-eight (48) hours after publication in one or more newspapers circulated in the city or town. When, in the director's opinion, the director determines that this restraining order is no longer necessary, the director shall, by publication, rescind this order. A person owning, keeping, or possessing a dog shall restrain it from running at large in any city or town in which this restraining order is in effect. The chief of the division of enforcement, the chief's assistants, conservation officers, members of the state police, members of the local police, in areas over which they have jurisdiction, may issue a citation to the owner of any dog found chasing, hunting, molesting, attacking, or killing a deer, charging the owner with a violation of this chapter. During any period when this order is not in force, the chief of the division of enforcement, the chief's assistants, conservation officers and members of the state police and members of the local police and park police in areas over which they have jurisdiction, may issue a citation to the owner of any dog found chasing or hunting a deer if the dog is chasing or hunting with the knowledge or consent of the owner. Whenever a dog has been found chasing, hunting, molesting, attacking, or killing a deer and the owner or keeper of the dog has been notified by the director, and the same dog is found chasing, hunting, molesting, attacking, or killing, it shall be prima facie evidence that this chasing, hunting, molesting, attacking, or killing was with the knowledge or consent of the owner or keeper.
P.L. 1988, ch. 586, § 1.
4-13-39. Penalties. --
Any person convicted of a violation of this chapter shall be fined fifty dollars ($50) for a first offense and one hundred dollars ($100) for a second and subsequent offense.
P.L. 1988, ch. 586, § 1.
4-13-40. Exemptions from application of chapter. --
The provisions of this chapter do not apply to K-9 and/or other dogs owned by any police department or any law enforcement officer which are used in the performance of police work.
P.L. 1996, ch. 417, § 1.
4-13-41. Use of the terms owner or guardian. --
Wherever the word "owner" shall appear in this chapter it shall also mean and may be interchanged with the word "guardian" as defined in § 4-13-1.2.
P.L. 2001, ch. 72, § 3.
TITLE 4. Animals and Animal Husbandry. CHAPTER 4-13.1. Regulation of Vicious Dogs.
SECTION 4-13.1-1
§ 4-13.1-1 Declaration of purpose. (a) It is declared that vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of the state, in that vicious dogs have in recent years assaulted without provocation and seriously injured numerous individuals, particularly children, and have killed numerous dogs. Many of these attacks have occurred in public places.
(b) The number and severity of these attacks are also attributable to the failure of owners to register, confine, and properly control vicious dogs.
(c) It is further declared that the necessity for the regulation and control of vicious dogs is a statewide problem, requiring statewide regulation, and that existing laws are inadequate to deal with the threat to public health and safety posed by vicious dogs.
(d) It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance.
(e) It is further declared that because of the danger posed to the public, health, safety and welfare by vicious dogs, this chapter constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare.
P.L. 1985, ch. 400, § 1.
SECTION 4-13.1-2
§ 4-13.1-2 Definitions.
As used in §§ 4-13.1-1--4-13.1-14, the following words and terms shall have the following meanings, unless the context indicates another or different meaning or intent:
(1) "Dog officer" means any person defined by the provisions of chapter 19 of this title.
(2) "Domestic animals" means animals which, through extremely long association with humans, have been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. Such animals may include but are not limited to:
(i) Domestic dog (Canis familiaris);
(ii) Domestic cat (Felis catus);
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