Full Statute Name:  West's General Laws of Rhode Island Annotated. Title 4. Animals and Animal Husbandry. Chapter 1. Cruelty to Animals. Title 11. Criminal Offenses. Chapter 10. Crime Against Nature

GENERAL LAWS OF RHODE ISLAND ANNOTATED, 1956. TITLE 4. ANIMALS AND ANIMAL HUSBANDRY.

CHAPTER 1. CRUELTY TO ANIMALS.

4-1-1. Definitions -- Responsibility for agents and employees. –

4-1-2. Overwork, mistreatment, or failure to feed animals--Shelter defined

4-1-3. Unnecessary cruelty

4-1-3.1. Prohibited practices in destruction of animals

4-1-3.2. Animal confinement in motor vehicles prohibited.

4-1-4. Abandonment of infirm animals

4-1-5. Malicious injury to or killing of animals

4-1-6. Shearing of horses in winter. –

§ 4-1-6.1. Operating upon tails of bovines prohibited

4-1-7. Live poultry containers. --

4-1-8. Sale of chicks and ducklings -- Dyeing prohibited. --

4-1-9. Animal fighting. --

4-1-10. Possession or training of fighting animals. --

4-1-11. Attendance at bird or animal fight. --

4-1-12. Entry of premises where bird or animal fights are conducted -- Arrest -- Seizure of birds or animals. --

4-1-13. Forfeiture of fighting birds or animals. --

4-1-14. Appeal of sentence of forfeiture. --

4-1-15. Expense of care of seized birds or animals. --

4-1-16. Use of birds as targets. –

4-1-17. Unloading of animals in transit for rest, water, and feeding. --

4-1-18. Arrest of violators without warrant -- Care of animals. --

4-1-19. Issuance of search warrants. --

4-1-20. Duty of police officers -- Fines paid to society for prevention of cruelty to animals. --

4-1-21. Powers of agents of society for prevention of cruelty to animals. --

4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights -- Expenses. --

4-1-23. Destruction of infirm animals by society. –

4-1-24. Jurisdiction of offenses -- Appeals. –

4-1-25. Appropriations for prevention of cruelty -- Payments to society. --

4-1-26. Abandonment of animals. --

4-1-26.1. Reports of abandoned, neglected or abused animals

4-1-27. Auction of lost or abandoned animals and poultry. --

4-1-28. Greasy pig contests prohibited. --

4-1-29. Release of caged animals in park or zoo. --

4-1-30. Cruelty to police animals. -- § 4-1-30. Repealed by P.L. 2019, ch. 115, § 1, eff. July 8, 2019; P.L. 2019, ch. 147, § 1, eff. July 8, 2019

§ 4-1-30.1. Cruelty to public safety--Dogs and horses

4-1-31. Assignment of state veterinarian. --

4-1-32. [Repealed.]

4-1-33. Persons using animals for research -- Registration. --

4-1-34. Destruction of racing greyhounds. --

4-1-34.1. Restriction on sale of greyhounds. --

4-1-34.2. Autopsies and medical treatment permitted. --

4-1-34.3. Violations -- Penalties. --

4-1-35. Community restitution. --

4-1-36. Psychiatric counseling. --

4-1-37. Immunity from suit. –

4-1-38. Use of the terms owner or guardian. --

§ 4-1-39. Transport and shelter of horses

§ 4-1-40. Possession of animals

§ 4-1-41. Devocalization or declawing as requirement for property occupancy prohibited

§ 4-1-42. Care of neglected animals by Department--Forfeiture of owner's rights--Expenses

§ 4-1-43. Use of bullhooks or similar devices on elephants prohibited

Link to Chapter 1.1. Unlawful Confinement of a Covered Animal, Gen. Laws, 1956, § 4-1.1-1 to 1.1-6

Chapter 1.2. Seizure of Animals Being Cruelly Treated

§ 4-1.2-1. Seizure of animals being cruelly treated

§ 4-1.2-2. Notice of hearing

§ 4-1.2-3. Order for temporary care of seized animals

§ 4-1.2-4. Posting of bond

§ 4-1.2-5. Disposition of seized animals

Title 11. Criminal Offenses. Chapter 10. Crime Against Nature.

§ 11-10-1. Abominable and detestable crime against nature

4-1-1. Definitions -- Responsibility for agents and employees. --

(a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8:

(1) “Animal” and “animals” means every living creature except a human being.

(2) “Licensed graduate veterinarian” or “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.

(3) “Owner”, “person”, and “whoever” means corporations as well as individuals.

(4) “Guardian” shall mean a person(s) having the same rights and responsibilities of an owner, 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.

(5) Except for livestock as defined in § 4-26-3(6), “adequate living conditions” shall mean a sanitary environment that is dry and free of accumulated feces and free of debris and garbage that may clutter the environment, pose a danger, or entangle the animal. The environment in which the animal is kept must be consistent with federal regulatory requirements, where applicable, or generally recognized professional standards, where applicable, or otherwise be of sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement, and suitable to maintain the animal in a good state of health. “Adequate living conditions” for livestock as defined in § 4-26-3(6) shall mean best management practices established, no later than July 1, 2014, by the Rhode Island livestock welfare and care standards advisory council.

(6) Except for livestock as defined in § 4-26-3, “hazardous accumulation of animals” means the accumulation of a large number of animals, to a point where the owner, possessor, or person having the charge of custody of the aforementioned animals fails to or is unable to provide “adequate living conditions” as defined herein, resulting in harm or danger to the health and wellbeing of the animals.

(b) The knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned or employed by or in the custody of that corporation are held to be the acts and knowledge of that corporation.

Credits
G.L. 1896, ch. 114, § 7; G.L. 1909, ch. 138, § 7; G.L. 1923, ch. 141, § 7; G.L. 1938, ch. 640, § 7; P.L. 1945, ch. 1651, § 1; P.L. 2001, ch. 72, § 1; P.L. 2013, ch. 180, § 1, eff. July 11, 2013; P.L. 2013, ch. 232, § 1, eff. July 11, 2013; P.L. 2017, ch. 439, § 1, eff. Oct. 6, 2017; P.L. 2017, ch. 444, § 1, eff. Oct. 6, 2017.

§ 4-1-2. Overwork, mistreatment, or failure to feed animals--Shelter defined

(a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. If the offense described in this section results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5.

(b) Any person who has been previously convicted of an offense provided for in chapter 1 of title 4 shall, upon conviction of a second or subsequent violation within a ten-year (10) period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars ($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every person convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to serve one hundred (100) hours of community restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.

(c) Every owner, possessor, or person having charge of any animal may, upon conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal to the animal-control officer of the city or town in which the offense occurred or to a humane society that owns and operates the shelter that provided the subject animal shelter subsequent to any confiscation of that animal pursuant to this section.

(d) Shelter means a structure used to house any animal that will provide sufficient protection from inclement elements for the health and well being of the animal.

Credits
G.L. 1896, ch. 114, § 1; P.L. 1898, ch. 548, § 1; G.L. 1909, ch. 138, § 1; G.L. 1923, ch. 141, § 1; G.L. 1938, ch. 640, § 1; P.L. 1981, ch. 298, § 1; P.L. 1984, ch. 351, § 2; P.L. 1994, ch. 307, § 1; P.L. 2016, ch. 455, § 1, eff. July 12, 2016; P.L. 2016, ch. 458, § 1, eff. July 12, 2016; P.L. 2018, ch. 177, § 1, eff. July 2, 2018; P.L. 2018, ch. 200, § 1, eff. July 2, 2018.

4-1-3.2. Animal confinement in motor vehicles prohibited.

(a) No owner or person shall confine any animal in a motor vehicle which is done in a manner that places the animal in a life threatening or extreme health threatening situation by exposing it 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, law enforcement officer or fire fighter who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means necessary under the circumstances, after making a reasonable effort to locate the owner or other responsible person.

(b) A law enforcement or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's health, safety, or wellbeing 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.

(c) 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 other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. A law enforcement officer or animal control officer may enter the motor vehicle for the sole purpose of rescue or release of the animal and may not search the vehicle unless otherwise permitted by law.

(d) A law enforcement 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 retrieved. The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.

(e) A law enforcement 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.

(f) Any person who knowingly violates this section shall be punished by imprisonment for a term not exceeding one year or by a fine of no more than one thousand dollars ($1,000), or both.

Credits

P.L. 2014, ch. 262, § 1, eff. July 1, 2014; P.L. 2014, ch. 320, § 1, eff. July 1, 2014.

4-1-6. Shearing of horses in winter. --

No person shall cut, clip, or shear the hair or coating of any horse between October 15th and March 1st unless the necessity for the cutting, clipping, or shearing has been certified in writing and filed with the Rhode Island society for the prevention of cruelty to animals by a licensed graduate veterinarian. Any person violating this section shall, for each offense, be imprisoned not exceeding ten (10) days or be fined not exceeding fifty dollars ($50.00), or both.

History of Section.

G.L. 1938, ch. 640, § 22; P.L. 1945, ch. 1651, § 2; G.L. 1956, § 4-1-6.

§ 4-1-6.1. Operating upon tails of bovines prohibited

(a) Any person who intentionally cuts or alters the bone, tissues, muscles or tendons of the tail of any bovine or otherwise operates upon it in any manner for the purpose or with the effect of docking, setting, or otherwise altering the natural carriage of the tail, or who knowingly permits the same to be done upon the premises of which he or she is the owner, lessee, proprietor or user, or who assists in or is voluntarily present at such cutting or alteration, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both. If any bovine is found with the bone, tissues, muscles or tendons of its tail cut or altered as aforesaid upon the premises or in the charge and custody of any person, and the wound resulting therefrom is unhealed, such fact may be evidence of a violation of this section by the owner or user of such premises, or the person having such charge or custody.

(b) The provisions of subsection (a) of this section shall not apply to tail docking performed by a veterinarian for veterinary purposes, provided that the procedure is performed under the following conditions:

(1) The animal has been adequately anesthetized to minimize the animal's pain and suffering during the treatment or operation.

(2) The procedure is done in a way that minimizes the long-term pain and suffering resulting from the procedure.

(3) The veterinarian uses suitable instruments.

(4) The procedure is done under hygienic conditions.

(c) The owner of any bovine with a docked tail who purchased the bovine in a state where tail docking is legal shall be exempt from prosecution under this section.

CREDIT(S)

P.L. 2012, ch. 353, § 1, eff. June 20, 2012.

4-1-7. Live poultry containers. --

Any crate or other container used for the purpose of transporting, shipping, or holding for sale any live poultry shall be in a sanitary condition and shall be constructed so as to provide sufficient ventilation and warmth and the poultry, while in that container, shall receive any reasonable care as may be required to prevent unnecessary suffering. Any person violating any provision of this section shall, for each offense, be imprisoned not exceeding fifteen (15) days or be fined not exceeding one hundred dollars ($100), or both.

History of Section.

G.L. 1945, ch. 640, § 23; P.L. 1945, ch. 1651, § 2; G.L. 1956, § 4-1-7.

4-1-8. Sale of chicks and ducklings -- Dyeing prohibited. --

It is unlawful for any person to dye a chick, duckling, or other live poultry, or to have in his or her possession any chick, duckling, or other live poultry which has been dyed. No person shall sell or offer for sale any live chicks or ducklings under two (2) months of age in quantities of less than twelve (12), and provided further, that no person, firm, corporation or association shall offer live chicks or ducklings under two (2) months of age as a bonus, or as an inducement to the sale of or in conjunction with the purchase of any article. Any person, firm, or corporation violating this section shall for each offense be punished in the manner provided in § 4-1-2. No pet store shall sell chicks or ducklings in any quantity.

History of Section.

G.L. 1938, ch. 640, § 24; P.L. 1945, ch. 1651, § 2; P.L. 1964, ch. 24, § 1; G.L. 1956, § 4-1-8; P.L. 1968, ch. 71, § 1; P.L. 1982, ch. 308, § 1.

4-1-9. Animal fighting. --

Any person who causes or encourages the fighting of any bird, dog, or animal with any other bird, dog, or animal, or keeps or maintains any place for the fighting of birds, dogs, or animals, or who knowingly permits, or suffers, any fight to be had on his or her premises or on premises under his or her control, or makes any bet or lays any wager of any kind upon the result of that fight, shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding two (2) years, or both, for the first offense, and for any subsequent offense shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or be imprisoned not exceeding two (2) years, or both.

History of Section.

G.L. 1896, ch. 283, § 15; P.L. 1901, ch. 848, § 1; G.L. 1909, ch. 349, § 19; G.L. 1923, ch. 401, § 19; G.L. 1938, ch. 612, § 19; G.L. 1956, § 4-1-9; P.L. 1980, ch. 16, § 1; P.L. 1983, ch. 126, § 1.

4-1-10. Possession or training of fighting animals. --

Whoever owns, possesses, keeps or trains any bird, dog, or other animal, with the intent that that bird, dog, or animal engages in an exhibition of fighting, shall be fined not exceeding one thousand dollars ($1,000) and/or be imprisoned not exceeding two (2) years for the first offense, and for any subsequent offense shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or be imprisoned not exceeding two (2) years, or both.

History of Section.

G.L. 1896, ch. 114, § 15; G.L. 1909, ch. 138, § 15; G.L. 1923, ch. 141, § 15; G.L. 1938, ch. 640, § 15; G.L. 1956, § 4-1-10; P.L. 1980, ch. 5, § 1; P.L. 1983, ch. 126, § 1.

4-1-11. Attendance at bird or animal fight. --

Whoever is present at any place, building, or tenement where preparations are being made for an exhibition of the fighting of birds or animals, with the intent being present at that exhibition, or is present at that exhibition, shall be fined not exceeding one thousand five hundred dollars ($1,500) or imprisoned for not more than two (2) years, or both.

History of Section.

G.L. 1896, ch. 114, § 16; G.L. 1909, ch. 138, § 16; G.L. 1923, ch. 141, § 16; G.L. 1938, ch. 640, § 16; G.L. 1956, § 4-1-11; P.L. 1975, ch. 181, § 1; P.L. 1983, ch. 176, § 1.

4-1-12. Entry of premises where bird or animal fights are conducted -- Arrest -- Seizure of birds or animals. --

Any deputy sheriff, town sergeant, town constable, police officer, or any officer authorized to serve criminal process may enter any place, building, or tenement anywhere within the state where there is an exhibition of the fighting of birds or animals, or where preparations are being made for that exhibition, and, without a warrant, arrest all persons present and take possession of the birds or animals engaged in fighting and all birds or animals found there and intended to be used or engaged in fighting. Those persons shall be kept in custody in jail or other convenient place not more than twenty-four (24) hours, Sundays and legal holidays excepted, at or before the expiration of which time those persons shall be brought before a district court or the superior court and proceeded against according to law.

Credits

P.L. 1898, ch. 548, § 3; P.L. 1900, ch. 747, § 2; Court & Practice Act (1905), § 1216; P.L. 2012, ch. 324, § 10, eff. June 20, 2012; P.L. 2015, ch. 260, § 2, eff. Sept. 1, 2015; P.L. 2015, ch. 275, § 2, eff. Sept. 1, 2015.

Codifications: G.L. 1896, ch. 114, § 11; G.L. 1909, ch. 138, § 11; G.L. 1923, ch. 141, § 11; G.L. 1938, ch. 640, § 11.

4-1-13. Forfeiture of fighting birds or animals. --

After the seizure of any birds or animals as provided in § 4-1-12, application shall be made to a district court or the superior court for a sentence of forfeiture of the birds or animals; and if, upon the hearing of the application, it is found that the birds or animals, at the time of their seizure, were engaged in fighting at an exhibition or were owned, possessed, or kept by any person with the intent that they should be engaged in fighting at an exhibition, sentence of forfeiture shall be pronounced against them. Any officer authorized to serve criminal process shall sell them in any manner that the court orders, and pay the proceeds of that sale, after the payment of costs, including costs of seizure and keeping of those birds or animals, to the general treasurer for the use of the state. Whenever a seizure and application for sentence of forfeiture is made by or results from the complaint or information of any officer or agent of the society for the prevention of cruelty to animals, the proceeds of that sale shall be paid over to the society. Should it be found that any seized birds or animals are of no use or value, they shall be set at large, or otherwise disposed of, as the court may direct. The claimant is allowed to appear in the proceedings upon any application for a sentence of forfeiture. All seized birds or animals not sentenced for forfeiture shall be delivered to the owner.

History of Section.

G.L. 1896, ch. 114, § 12; C.P.A. 1905, § 1216; G.L. 1909, ch. 138, § 12; G.L. 1923, ch. 141, § 12; G.L. 1938, ch. 640, § 12; G.L. 1956, § 4-1- 13.

4-1-14. Appeal of sentence of forfeiture. --

Any claimant aggrieved by a sentence of forfeiture of a district court may, before the execution of that sentence, appeal to the superior court in the manner provided with reference to criminal appeals from district courts.

History of Section.

G.L. 1896, ch. 114, § 13; C.P.A. 1905, § 1122; G.L. 1909, ch. 138, § 13; G.L. 1923, ch. 141, § 13; G.L. 1938, ch. 640, § 13; G.L. 1956, § 4-1- 14.

4-1-15. Expense of care of seized birds or animals. --

The necessary expenses incurred in the care and disposing of seized birds or animals may be allowed and paid in the same manner that costs in criminal prosecutions are paid.

History of Section.

G.L. 1896, ch. 114, § 14; G.L. 1909, ch. 138, § 14; G.L. 1923, ch. 141, § 14; G.L. 1938, ch. 640, § 14; G.L. 1956, § 4-1-15.

4-1-16. Use of birds as targets. --

Any person who keeps or uses any live pigeon, fowl, or other bird for the purpose of a target or to be shot at, either for amusement or as a test of skill in marksmanship, and any person who shoots at any bird or is a party to any shooting of any fowl or bird and any person who rents any building, shed, room, yard, field, or premises, or knowingly suffers or permits the use of any building, shed, room, yard, field, or premises, for the purpose of shooting any fowl or bird, shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding ten (10) days, or both. Nothing in this section applies to the shooting of any wild game in its wild state.

History of Section.

G.L. 1896, ch. 114, § 17; G.L. 1909, ch. 138, § 17; G.L. 1923, ch. 141, § 17; G.L. 1938, ch. 640, § 17; G.L. 1956, § 4-1-16.

4-1-17. Unloading of animals in transit for rest, water, and feeding. --

(a) No railroad company, in the transportation of animals, shall permit those animals to be confined in cars, after they have been confined twenty-eight (28) consecutive hours, without unloading those animals for rest, water, and feeding for at least five (5) consecutive hours, unless prevented from unloading them by storm or accidental causes. In estimating the confinement, the time during which the animals have been confined without rest on connecting roads from which they are received shall be included. It is the intent of this section to prohibit their continuous confinement longer than twenty-eight (28) hours, except upon the stated contingencies.

(b) Animals unloaded shall be properly fed, watered, and sheltered, during their rest, by the owner or person having the custody of the animals; or in case of his or her default in doing so, then by the railroad company transporting those animals, at the expense of the owner or person in custody of the animals, and the company shall in that case have a lien upon those animals for food, care, and custody furnished and shall not be liable for any detention of those animals authorized by this chapter.

(c) Any company, owner, or custodian of animals in transit failing to comply with this section shall for each offense be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(d) Whenever animals are carried in cars in which they can and do have proper food, water, space and opportunity for rest, the provisions for unloading them shall not apply.

History of Section.

G.L. 1896, ch. 114, § 3; G.L. 1909, ch. 138, § 3; G.L. 1923, ch. 141, § 3; G.L. 1938, ch. 640, § 3; G.L. 1956, § 4-1-17.

4-1-18. Arrest of violators without warrant -- Care of animals. --

Any person violating this chapter may be arrested on view and held without a warrant; provided, that an arrest or detention without warrant shall not continue longer than twenty-four (24) hours; and the person making an arrest, with or without a warrant, shall use reasonable diligence to give notice to the owner of animals found in the charge or custody of the person arrested, and shall properly care and provide for those animals until the owner shall take charge of them, provided the owner shall do so within thirty (30) days from the date of the notice. The person making an arrest shall have a lien on those animals for the expense of their care and provision.

History of Section.

G.L. 1896, ch. 114, § 5; P.L. 1898, ch. 548, § 2; P.L. 1900, ch. 747, § 1; G.L. 1909, ch. 138, § 5; G.L. 1923, ch. 141, § 5; G.L. 1938, ch. 640, § 5; G.L. 1956, § 4-1-18.

4-1-19. Issuance of search warrants. --

Whenever complaint is made on oath to any magistrate authorized to issue warrants in criminal cases, that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any building or place, the magistrate, if satisfied that there is reasonable cause for that belief, shall issue a search warrant, authorizing any officer, competent to serve a warrant, to search the building or place; but no search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown.

History of Section.

G.L. 1896, ch. 114, § 6; G.L. 1909, ch. 138, § 6; G.L. 1923, ch. 141, § 6; G.L. 1938, ch. 640, § 6; G.L. 1956, § 4-1-19.

4-1-20. Duty of police officers -- Fines paid to society for prevention of cruelty to animals. --

Any deputy sheriff, town constable, or police officer shall prosecute all violations of this chapter that come to his or her knowledge and all fines and forfeitures resulting from the complaint of any officer or agent of the Society for the Prevention of Cruelty to Animals under this chapter, shall enure and be paid over to the society in aid of the benevolent objects for which it was incorporated.

Credits
P.L. 1901, ch. 848, § 1; P.L. 2012, ch. 324, § 10, eff. June 20, 2012; P.L. 2015, ch. 260, § 2, eff. Sept. 1, 2015; P.L. 2015, ch. 275, § 2, eff. Sept. 1, 2015.

Codifications: G.L. 1896, ch. 114, § 8; G.L. 1896, ch. 283, § 15; G.L. 1909, ch. 138, § 8; G.L. 1909, ch. 349, § 19; G.L. 1923, ch. 141, § 8; G.L. 1923, ch. 401, § 19; G.L. 1938, ch. 612, § 19; G.L. 1938, ch. 640, § 8.

4-1-21. Powers of agents of society for prevention of cruelty to animals. --

The general agent of the Rhode Island society for the prevention of cruelty to animals and any number of special agents as may be appointed by that society have the same power and authority to arrest as any officer authorized to serve criminal process for the purpose of enforcing any of the laws of this state in relation to cruelty to animals, that power and authority to extend throughout the state, and they may serve any search warrant issued under § 4-1-19 and may search any building or place named in that warrant. A general agent and any special agents may, for the purpose of carrying out their duties, possess and carry pistols as defined in § 11-47-2, and the provisions of § 11-47-8 shall not apply to them. Any person who interferes with or obstructs any of those agents in the discharge of their duty shall be guilty of obstructing an officer and punished as provided in § 11-32-1.

Credits

P.L. 1907, ch. 1446, § 1; P.L. 1945, ch. 1651, § 1; P.L. 2013, ch. 501, § 1, eff. July 17, 2013.

Codifications: G.L. 1909, ch. 114, § 19; G.L. 1909, ch. 138, § 18; G.L. 1923, ch. 141, § 18; G.L. 1938, ch. 640, § 18.

4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights -- Expenses. --

(a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals may lawfully take charge of and shall provide adequate care to any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1, or that in the opinion of that officer or agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner or guardian, if known.

(b) Every owner or guardian, upon conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment of any animal taken charge of by the Rhode Island Society for the Prevention of Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to the Society for disposition in any manner deemed suitable for that animal.

(c) Whenever any officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the Society during this time, shall be paid for by the owner or guardian. The Society has the authority to commence a civil action for damages against the owner or guardian thirty (30) days after a written demand for payment of the expense of the suitable care of that animal has been sent and no payment has been received. The written demand shall state that the failure to pay or make arrangements to pay for the care of that animal may result in forfeiture of ownership of the animal. The cost of the care and treatment that is billed to the owner or guardian shall be reasonable and related to equivalent services provided by veterinary care and animal sheltering, feeding, and boarding services in this state.

(d) The owner or guardian of any animal that is in the charge of the Rhode Island Society for the Prevention of Cruelty to Animals pursuant to the authority granted in this section may, within sixty (60) days following the date that the society gives notice of the taking of possession of the animal, petition the district court for an order to return custody of the animal to the owner or guardian.

(e) Upon the filing of the petition, the court shall cause a summons to be issued requiring an authorized representative of the Society for the Prevention of Cruelty to Animals to appear in court at the time and place named, which summons shall be served not less than fourteen (14) days before the date of the hearing.

(f) At the hearing on the petition, the court shall consider:

(1) The animal's condition;

(2) The care required to maintain the animal safely and in an appropriate environment; and

(3) The ability of the petitioner to provide or arrange for the adequate care of the animal, including during the time any criminal charges related to or arising from the seizure are pending.

(g) If, after hearing, the court finds that the owner or guardian of the animal has the ability to properly care for or arrange for the adequate care of the animal during the pendency of the criminal charges, the court may allow the owner or guardian of the animal to have or arrange for the adequate care, custody, and control of the animal pending the final determination of the related criminal charges subject to such restrictions and conditions as the court determines to be reasonable or necessary.

(h) All issues will be decided upon a preponderance of the evidence.

(i) In the event that the court orders an animal returned to the owner or guardian following the hearing, the owner or guardian will not be required to pay for the cost of care incurred prior to the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment in the related criminal proceeding.

(j) In the event that the owner or guardian fails to petition for custody of the animal within sixty (60) days of notice of the taking or fails to pay within sixty (60) days of the written demand for payment, the Rhode Island Society for Prevention of Cruelty to Animals may petition the court for transfer of ownership of the animal to the Rhode Island Society for Prevention of Cruelty to Animals. If the owner or guardian fails to respond to the petition for transfer of ownership the court shall transfer ownership to the society.

Credits
G.L. 1896, ch. 114, § 4; G.L. 1909, ch. 138, § 4; G.L. 1923, ch. 141, § 4; G.L. 1938, ch. 640, § 4; P.L. 1945, ch. 1651, § 1; P.L. 1981, ch. 289, § 1; P.L. 1984, ch. 197, § 1; P.L. 2014, ch. 261, § 1, eff. July 1, 2014; P.L. 2014, ch. 321, § 1, eff. July 1, 2014; P.L. 2017, ch. 439, § 1, eff. Oct. 6, 2017; P.L. 2017, ch. 444, § 1, eff. Oct. 6, 2017; P.L. 2022, ch. 431, § 1, eff. June 30, 2022; P.L. 2022, ch. 432, § 1, eff. June 30, 2022.

4-1-23. Destruction of infirm animals by society. --

If, upon examination by a licensed graduate veterinarian of any animal taken possession of under § 4-1-22, the veterinarian certifies, in writing, to the society that the animal is so aged, maimed, disabled, lame, sick, diseased, or injured as to be unfit for any useful purpose, any officer or agent of the society may lawfully and humanely destroy that animal or cause it to be humanely destroyed, and the society, its officers and agents, are exonerated from all liability to the owner of that animal on account of its destruction.

History of Section.

G.L. 1956, ch. 640, § 4; P.L. 1945, ch. 1651, § 1; G.L. 1956, § 4-1-23.

4-1-24. Jurisdiction of offenses -- Appeals. --

The district court has concurrent jurisdiction with the superior court, over all offenses under this chapter and to the full extent of the penalties specified. Parties defendant, however, have the same right to appeal from the sentence of a district court as is now provided by law in other criminal cases.

History of Section.

G.L. 1896, ch. 114, § 9; C.P.A. 1905, § 1216; G.L. 1909, ch. 138, § 9; G.L. 1923, ch. 141, § 9; G.L. 1938, ch. 640, § 9; G.L. 1956, § 4-1-24; P.L. 1969, ch. 239, § 53.

4-1-25. Appropriations for prevention of cruelty -- Payments to society. --

The general assembly shall annually appropriate any sum it deems necessary, out of any money in the treasury not otherwise appropriated, to be expended under the direction of the director of environmental management, for the purpose of preventing cruelty to animals, and the director may pay that sum to the Rhode Island society for the prevention of cruelty to animals for that purpose, and the state controller is authorized to draw his or her orders upon the general treasurer for the payment of any sum appropriated, or so much of the sum as may be required, upon receipt by him or her of proper vouchers approved by the director.

History of Section.

G.L. 1896, ch. 114, § 18; G.L. 1909, ch. 138, § 19; G.L. 1923, ch. 141, § 19; P.L. 1923, ch. 431, § 1; P.L. 1929, ch. 1374, § 5; G.L. 1938, ch. 640, § 19; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 4-1-25.

4-1-26. Abandonment of animals. --

(a) If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure without providing for the care of that animal, he or she shall be punished in the manner provided in § 4-1-2 for each such offense. If this abandonment results in the death of the animal, the person shall be punished in the manner provided in § 4-1-5. Abandonment means the relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming it or resuming its ownership or possession.

(b) Any pound or animal shelter as defined under § 4-19-2, shall deem abandoned any animal impounded and not redeemed by its owner within ten (10) days of impoundment if such animal is wearing identification. Any animal impounded and not wearing identification shall be deemed abandoned if not redeemed by its owner within five (5) days of impoundment. Any animal deemed abandoned shall become the property of the impounding agency and may be adopted.

(c) Any pound or animal shelter shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal, including scanning the animal for a microchip.

Credits
P.L. 1966, ch. 176, § 1; P.L. 1996, ch. 329, § 1; P.L. 2017, ch. 337, § 1, eff. Sept. 28, 2017; P.L. 2017, ch. 358, § 1, eff. Sept. 28, 2017.

§ 4-1-26.1. Reports of abandoned, neglected or abused animals

(a) Any Rhode Island licensed veterinarian, veterinarian technician, animal shelter, animal kennel, or other person entrusted with the care or custody of an animal shall report to any police department (local or state), animal control officials, or officers of private organizations devoted to the humane treatment of animals, the condition of any animal that the parties entrusted with care or custody of an animal knows, or reasonably believes, to be abandoned, as defined in § 4-1-26, neglected, or abused, and shall be immune from suit pursuant to the provisions of § 4-1-37. Any party who fails to report pursuant to this section shall be fined not exceeding five hundred dollars ($500).

(b) Nothing in this section shall be construed to impose a duty to further investigate observed or reasonably suspected animal abandonment, cruel neglect, or abuse.

Credits
P.L. 2018, ch. 172, § 2, eff. July 2, 2018.

4-1-27. Auction of lost or abandoned animals and poultry. --

(a) The general agent of the Rhode Island society for the prevention of cruelty to animals, within his or her discretion, may sell at public auction any lost or abandoned animals and poultry. Before proceeding to sale, the general agent shall give notice to the owners of the lost or abandoned animals by advertising once a week for three (3) successive weeks prior to the sale in some daily newspaper printed in English and published in this state.

(b) The agent is not liable in any legal action brought against him or her based on the sale. The proceeds of the sales shall be turned over to the Rhode Island society for the prevention of cruelty to animals to be used to defray the cost of shelter and care of animals which are the subject of the sale and to cover any costs incident to the sale.

(c) Any remaining proceeds from the sale shall be held for a period of two (2) years by the Rhode Island society for the prevention of cruelty to animals for the account of the rightful owner, who, upon making a claim and showing satisfactory evidence of ownership, shall be entitled to those proceeds. If unclaimed within that two (2) year period, the proceeds shall then become the property of the Rhode Island society for the prevention of cruelty to animals to be used for any and all purposes of the society.

History of Section.

P.L. 1968, ch. 72, § 1.

4-1-28. Greasy pig contests prohibited. --

It is unlawful for any person, as defined in § 4-1-1, to conduct any greasy pig contest within the state. Any person violating this section is subject to the provisions of § 4-1-2.

History of Section.

P.L. 1973, ch. 114, § 2.

4-1-29. Release of caged animals in park or zoo. --

It is unlawful for any person to willfully release an animal from captivity in a park, circus, zoo or other such facility. Any person violating this section is be deemed guilty of a misdemeanor.

History of Section.

P.L. 1975, ch. 131, § 1.

4-1-30. Cruelty to police animals. -- § 4-1-30. Repealed by P.L. 2019, ch. 115, § 1, eff. July 8, 2019; P.L. 2019, ch. 147, § 1, eff. July 8, 2019

Former Text:

Any person who willfully tortures, torments, beats, kicks, strikes, mutilates, injures, disables, or otherwise mistreats any dog or horse owned by a police department of this state or any of its political subdivisions or who willfully by any action interferes with the lawful performance of a police dog or horse shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or by imprisonment for not more than one year, or both.

History of Section.

P.L. 1980, ch. 185, § 1.

§ 4-1-30.1. Cruelty to public safety--Dogs and horses

(a) As used in this section:

(1) “Police canine” means any canine and “police horse” means any horse that is owned or in the service of a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders;

(2) “Fire canine” means any canine that is owned or in the service of a fire department, a special fire district, or the state fire marshal for the principal purpose of aiding in the detection of flammable materials or the investigation of fires; and

(3) “SAR canine” means any search and rescue canine that is owned or in the service of a fire department, a law enforcement agency, a special fire district, or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including, but not limited to, persons who are lost; who are trapped under debris as the result of a natural, manmade, or technological disaster; or who are drowning victims.

(b) Penalties:

(1) Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the case of any animal of another, be liable to the owner of this animal for triple damages, to be recovered by civil action. In addition, any person convicted under this section shall be required to serve fifty (50) hours of community restitution. That community restitution penalty shall not be suspended or deferred and is mandatory.

(2) Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment of not more than one year, or both.

(3) Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or imprisonment of not more than one year, or both.

(c) Except as provided in subsection (b)(1), any person convicted under this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR canine, or police horse and shall pay the replacement cost of any dog or horse if that animal can no longer perform its public safety duties. Any canine that is owned by or employed by a law enforcement agency shall be exempt from restitution requirements of this subsection.

Credits

P.L. 2019, ch. 115, § 2, eff. July 8, 2019; P.L. 2019, ch. 147, § 2, eff. July 8, 2019.

4-1-31. Assignment of state veterinarian. --

(a) Examination of fighting animals. A licensed veterinarian from the department of environmental management, shall be made available to agents of the Rhode Island society for the prevention of cruelty to animals at the request of the state police for the purpose of examining any animal which those agents believe to have been involved in animal fighting in violation of § 4-1-2, 4-1-8, 4-1-9 or 4-1-11.

(b) Right of entry where cruelty suspected. The director of the department of environmental management or any veterinarian employed by the department of environmental management designated by the director for such purpose, having reason to suspect the existence of cruelty to animals within the meaning of this chapter upon any grounds or premises, is hereby authorized and empowered to enter upon those grounds or premises for enforcement of the provisions of this chapter. For such inspections, the department shall, unless a search without a warrant is otherwise allowed by law, seek a search warrant from an official of a court authorized to issue warrants.

(c) The director of the department of environmental management may designate a department veterinarian or veterinarians to act as animal advocates. A general agent or special agent from the Rhode Island society for the prevention of cruelty to animals may also act in that capacity.

(d) The animal advocate shall make recommendations to any court before which the custody or well-being of an animal is at issue.

(e) Any animal care facility licensed by the United States department of agriculture or holding a public health service (PHS) assurance of compliance shall be exempt from the provisions of this section.

(f) Right to seize animals that are the subject of cruel treatment. The director of environmental management or any veterinarian employed by the department of environmental management (“department”) shall have the authority to examine any animal that is suspected of being cruelly treated, mistreated, or neglected by its owner, guardian, or his or her agents in violation of the provisions of chapter 4-1. Upon reasonable evidence to suggest that the subject animal(s) has been cruelly treated, mistreated, or negligently treated by the owner, guardian, or his or her agents, in violation of the provisions of chapter 4-1, the department may lawfully take charge of that animal(s) and shall have the authority to seize said animal(s). Any animal(s) so seized shall remain in the custody of the department during the pendency of any civil or criminal investigation and remain in the custody of the department until the adjudication of the matter. All reasonable expenses for the care and treatment of the animal(s), while in the custody of the department during this time, shall be paid for by the owner, guardian, or his or her agent, upon conviction, entry of a guilty plea, or a plea of nolo contendere. The department has the authority to commence a civil action for damages against the owner, guardian, or his or her agent thirty (30) days after written demand for payment of the expenses of the suitable care of that animal has been sent and no payment received.

Credits

P.L. 1983, ch. 180, § 1; P.L. 1999, ch. 398, § 1; P.L. 2012, ch. 193, § 1, eff. June 11, 2012; P.L. 2012, ch. 203, § 1, eff. June 11, 2012; P.L. 2014, ch. 261, § 1, eff. July 1, 2014; P.L. 2014, ch. 321, § 1, eff. July 1, 2014.

4-1-32. [Repealed.]

HISTORICAL NOTES

Repealed Sections.

This section (P.L. 1983, ch. 306, § 1), concerning shelters for cattle and horses, was repealed by P.L. 1984, ch. 351, § 1, effective May 11, 1984. For present provisions of law, see § 4-1-2.

4-1-33. Persons using animals for research -- Registration. --

(a) Any person, firm, partnership, or corporation actively engaged in animal research, who actually utilizes live animals for research purposes, shall register with the department of health by filing with the department of health on forms provided by it, the full name, address and type of research performed by the particular person, firm, partnership, or corporation involved in animal research. Any person who violates any of the provisions of this section shall be fined not more than five hundred dollars ($500).

(b) Upon passage of this section the department of health shall publish a notice containing the provisions of this section.

History of Section.

P.L. 1989, ch. 479, § 1.

4-1-34. Destruction of racing greyhounds. --

No person shall put to death, within the state, a racing greyhound or a retired racing greyhound except in a humane manner. For the purposes of this section, the phrase in a humane manner means by means of euthanasia by lethal injection, or by any other standard of humane killing that may be established by the American veterinary medicine association.

History of Section.

P.L. 1990, ch. 465, § 1.

4-1-34.1. Restriction on sale of greyhounds. --

No person, firm, or other business entity shall sell or otherwise transfer any greyhound or retired racing greyhound to any person, firm, or other business entity for the purpose of medical research.

History of Section.

P.L. 1990, ch. 465, § 1.

4-1-34.2. Autopsies and medical treatment permitted. --

Nothing contained in this chapter prohibits the owner of a greyhound from having an autopsy performed on that greyhound, nor prohibits any medical treatment necessary to maintain the health and well being of a greyhound.

History of Section.

P.L. 1990, ch. 465, § 1.

4-1-34.3. Violations -- Penalties. --

Any person found guilty of violating § 4-1-34 or 4-1-34.1 shall be fined not more than one thousand dollars ($1,000).

History of Section.

P.L. 1990, ch. 465, § 1.

4-1-35. Community restitution. --

The general assembly hereby declares that the words "community service" which appear throughout this chapter shall now be substituted with and referred to as "community restitution".

History of Section.

P.L. 1998, ch. 454, § 7.

4-1-36. Psychiatric counseling. --

Any person found guilty of violating any of the provisions of this chapter may, in addition to any penalties imposed, be evaluated to determine the need for psychiatric or psychological counseling, and, if determined appropriate by the court, to receive psychiatric or psychological counseling at his or her own expense.

History of Section.

P.L. 2000, ch. 321, § 1.

4-1-37. Immunity from suit. --

Any person entrusted with the care and custody of an animal, including, but not limited to, any Rhode Island licensed veterinarian, veterinarian technician, animal shelter, or animal kennel, shall be held harmless from either criminal or civil liability arising out of any reports, either oral or written, made to local or state police, animal control officials, or officers of private organizations devoted to humane treatment of animals, concerning any animal that the veterinarian knows, or reasonably believed, to be abandoned, neglected, or abused, and shall be immune from suit by reason of making the report. Provided, however, that a veterinarian who participates or reports in bad faith or with malice shall not be protected under the provisions of this chapter.

Credits
P.L. 2000, ch. 322, § 1; P.L. 2018, ch. 172, § 1, eff. July 2, 2018.

4-1-38. 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 § 4-1-1.

History of Section.

P.L. 2001, ch. 72, § 2.

§ 4-1-39. Transport and shelter of horses

(a) Notwithstanding any other provision of law, a person may not transport or shelter, or cause or allow to be transported or sheltered any equine animal in or upon any trailer, conveyance or other vehicle whatsoever with two (2) or more levels stacked on top of one another.

(b) Any person who violates the provisions of this section shall be subject to a fine of not less than five hundred dollars ($500) per animal for a first offense, and subject to a fine of at least one thousand dollars ($1,000) per animal for all second and subsequent offenses.

P.L. 2008, ch. 257, § 1, eff. July 5, 2008; P.L. 2008, ch. 414, § 1, eff. July 8, 2008.

§ 4-1-40. Possession of animals

(a) In addition to any other penalty imposed by law, a person convicted of, or who entered a plea of nolo contendere to, any misdemeanor violation under the provisions of this chapter shall not possess or reside with any animal for a period of up to five (5) years following entry of the conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).

(b) In addition to any other penalty imposed by law, a person convicted of, or who entered a plea of nolo contendere to, any felony violation under the provisions of this chapter shall not possess or reside with any animal for a period of up to fifteen (15) years following entry of the conviction or upon acceptance of a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).

Credits
P.L. 2011, ch. 194, § 1, eff. July 1, 2011; P.L. 2011, ch. 207, § 1, eff. July 1, 2011; P.L. 2018, ch. 200, § 1, eff. July 2, 2018.

§ 4-1-41. Devocalization or declawing as requirement for property occupancy prohibited

(a) No person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual's or corporation's agents or successors-in-interest, may do any of the following if the person or corporation allows an animal on the subject premises:

(1) Advertise, through any means, the availability of real property for occupancy in a manner designed to discourage application for occupancy of that real property because the applicant's animal has not been declawed or devocalized;

(2) Refuse to allow the occupancy of any real property, refuse to negotiate the occupancy of any real estate property, or to otherwise make unavailable or deny to any other person the occupancy of any real property because of that person's refusal to declaw or devocalize any animal; or

(3) Require any tenant or occupant of real property to declaw or devocalize any animal allowed on the premises.

(b) Any person found in violation of this section shall be fined not more than one thousand dollars ($1,000). In addition to any other penalty provided by law, a person fined under this section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of time deemed appropriate by the court, and be required to take humane education, pet ownership and dog training classes as ordered by the court.

(c) Nothing contained within this section shall be construed as forbidding a person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual's or corporation's agents or successors-in-interest, from prohibiting any animal on the premises.

Credits

P.L. 2013, ch. 318, § 1, eff. July 15, 2013; P.L. 2013, ch. 431, § 1, eff. July 15, 2013.

§ 4-1-42. Care of neglected animals by Department--Forfeiture of owner's rights--Expenses

(a) The director of environmental management, or any veterinarian employed by the department of environmental management (“department”), may lawfully take charge of any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1, or that, in the opinion of the department, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his or her agents, and may provide suitable care.

(b) Every owner, guardian, or agent, upon conviction, entry of a guilty plea, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment of any animal taken charge of by the department under this section, forfeits the right to ownership or control of that animal to the department for disposition in any manner deemed suitable for that animal.

(c) Whenever the department lawfully takes charge of any animal under this section, all reasonable expenses for the care and treatment of the animal(s), while in the custody of the department during this time, shall be paid for by the owner, guardian, or his or her agent, upon conviction, a plea of guilty or plea of nolo contendere. The department has the authority to commence a civil action for damages against the owner or his or her agent thirty (30) days after written demand for payment of the expense of the suitable care of that animal has been sent and no payment received.

Credits
P.L. 2014, ch. 261, § 2, eff. July 1, 2014; P.L. 2014, ch. 321, § 2, eff. July 1, 2014; P.L. 2017, ch. 439, § 1, eff. Oct. 6, 2017; P.L. 2017, ch. 444, § 1, eff. Oct. 6, 2017.

§ 4-1-43. Use of bullhooks or similar devices on elephants prohibited

(a) Notwithstanding any other provision of law, any person who houses, possesses, or is in direct contact with an elephant utilized in a traveling show shall not:

(1) Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant; or

(2) Permit an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

(b) For purposes of this section “traveling show” means a circus, public show, trade show, photographic opportunity, carnival, city or county fair, ride, parade, race, performance or similar undertaking that involves transporting elephants from location to location or otherwise moves elephants away from a place of permanent residency for performance purposes. The term “traveling show” does not include the transportation of an elephant between nonprofit United States Department of Agriculture licensed sanctuaries for the purpose of providing lifetime care.

(c) Any person who violates the provisions of this section shall be fined not more than five thousand dollars ($5,000) per violation, or imprisoned for not more than one year, or by both such fine and imprisonment.

Credits
P.L. 2016, ch. 506, § 1, eff. Jan. 1, 2017.

Chapter 1.2. Seizure of Animals Being Cruelly Treated

§ 4-1.2-1. Seizure of animals being cruelly treated

(a) The RI state veterinarian, the general/special agent of the RI Society for the Prevention of Cruelty to Animals (RISPCA), or any duly sworn and authorized state or municipal law enforcement officer may lawfully take charge and possession of any animal found abandoned or neglected or hazardously accumulated as defined in § 4-1-1, or in the opinion of that veterinarian, agent or officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary care and treatment required or take other appropriate action as determined by a licensed veterinarian.

(b) Any person authorized to seize an animal pursuant to this section must leave written notice on the property where the animal was seized within twenty-four (24) hours of the seizure. This notice must be left in a location where it is reasonably likely to be found and must include the name, address, telephone number, and signature of the person seizing the animal; the reason for seizing the animal; and the location where the seized animal is being kept pending any order pursuant to § 4-1.2-3. If the address of the animal owner is known, notification through certified mail with return receipt requested shall also be provided.

Credits

P.L. 2019, ch. 180, § 1, eff. July 15, 2019; P.L. 2019, ch. 242, § 1, eff. July 15, 2019.

§ 4-1.2-2. Notice of hearing

Any authorized person making a seizure may file with a district court which has jurisdiction over such matter a verified petition plainly stating such facts as to bring such animal within the jurisdiction of the court and praying for appropriate action by the court in accordance with the provisions of this chapter. Upon the filing of such petition the court shall cause a summons to be issued requiring the owner(s) or person(s) having responsibility for the care of the animal, if known, to appear in court at the time and place named, which summons shall be served not less than fourteen (14) days before the date of the hearing. If the owner(s) or person(s) having responsibility for the care of the animal is not known, notice of the time and place of the hearing shall be given by publication in a newspaper having a circulation in the town in which such officer took charge of such animal not less than fourteen (14) days before the date of the hearing. Such court shall further give notice to the petitioner of the time and place of the hearing not less than fourteen (14) days before the date of the hearing.

Credits

P.L. 2019, ch. 180, § 1, eff. July 15, 2019; P.L. 2019, ch. 242, § 1, eff. July 15, 2019.

§ 4-1.2-3. Order for temporary care of seized animals

(a) If it appears from the allegations of the petition and other affirmations of fact accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find that the animal's condition or the circumstances surrounding its care require that its custody be immediately assumed to safeguard its welfare, the court shall either:

(1) Issue an order to the owner(s) or person(s) having responsibility for the care of the animal to show cause at such time as the court may designate why the court shall not vest in some suitable state, municipal or other public or private agency or person the animal's temporary care and custody pending a hearing on the petition; or

(2) Issue an order vesting in some suitable state, municipal or other public or private agency or person, the animal's temporary care and custody, pending a hearing on the petition, which hearing shall be held within ten (10) days from the issuance of such order on the need for such temporary care and custody. The service of such orders may be made by any officer authorized by law to serve process, state police officer, indifferent person, or by certified mail with return receipt requested if the individual lives out of state.

Credits

P.L. 2019, ch. 180, § 1, eff. July 15, 2019; P.L. 2019, ch. 242, § 1, eff. July 15, 2019.

§ 4-1.2-4. Posting of bond

(a) If the court issues an order pursuant to § 4-1.2-3 vesting the animal's temporary care and custody in some suitable state, municipal or other public or private agency or person, the owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with the agency or person in whom the animal's temporary care and custody was vested. The surety bond or cash bond shall be in in an amount sufficient to pay the reasonable expenses related to necessary veterinary care, shelter, feeding, and board which is reasonably anticipated to be incurred by the agency or person having temporary care and custody of the animal during the litigation of the process referenced in § 4-1.2-1.

(b) The surety bond or cash bond shall cover the expenses for a period as decided by the court with subsequent bonds being necessary upon the expiration of the preceding bond until the animal is transferred, returned, or otherwise treated pursuant to § 4-1.2-5. Failure to post the original or subsequent bonds will result in forfeiture of the seized animals, with disposition as provided for pursuant to § 4-1.2-5.

Credits

P.L. 2019, ch. 180, § 1, eff. July 15, 2019; P.L. 2019, ch. 242, § 1, eff. July 15, 2019.

§ 4-1.2-5. Disposition of seized animals

(a) If, a seized animal is forfeited or surrendered pursuant to § 4-1.2-4, or after hearing, the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the animal in any state, municipal or other public or private agency which is permitted by law to care for neglected or cruelly treated animals or with any person found to be suitable or worthy of such responsibility by the court.

(b) If, after hearing, the court finds that the animal is so injured or diseased the court may order the animal into the care of a licensed veterinarian to provide the animal with appropriate treatment.

(c) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care or, if such owner(s) or person(s) is unknown or unwilling to resume caring for such animal, it may transfer ownership of the animal in any state, municipal or other public or private agency or person found to be suitable or worthy of such responsibility.

(d) If the court renders a final decision under subsection (a) or (b) of this section, the agency or person with whom the bond was posted shall return the balance, if any, of such bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the number of days less than thirty (30) that such agency or person has not had temporary care and custody of the animal.

(e) If the court makes a finding pursuant to subsection (c) of this section after the issuance of an order of temporary care and custody pursuant to § 4-1.2-3 and the owner(s)of the animal has posted a bond pursuant to § 4-1.2-4(b), the agency or person with whom the bond was posted shall return all such bond(s) to such owner(s).

(f) Unless the court finds that there was no probable cause to institute a complaint that the animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in providing proper food, shelter and care to an animal it has seized pursuant to this chapter and the expense incurred by any state, municipal or other public or private agency or person in providing temporary care and custody to an animal pursuant to the provisions of this chapter shall be determined by calculating the average costs from three (3) providers of the necessary equivalent services related to the veterinary care, sheltering, feeding, and board in the state, which was provided to the animal.

Credits

P.L. 2019, ch. 180, § 1, eff. July 15, 2019; P.L. 2019, ch. 242, § 1, eff. July 15, 2019.

Title 11. Criminal Offenses. Chapter 10. Crime Against Nature.

§ 11-10-1. Abominable and detestable crime against nature

Every person who shall be convicted of the abominable and detestable crime against nature, with any beast, shall be imprisoned not exceeding twenty (20) years nor less than seven (7) years.

P.L. 1998, ch. 24, § 1.

Codifications: G.L. 1896, ch. 281, § 12; G.L. 1909, ch. 347, § 12; G.L. 1923, ch. 399, § 12; G.L. 1938, ch. 610, § 12.