Full Statute Name:  West's General Laws of Rhode Island Annotated. Title 4. Animals and Animal Husbandry. Chapter 13. Dogs; Chapter 13.1. Regulation of Vicious Dogs; Chapter 19. Animal Care

Link to Chapter 25. Pet Warranties--Dogs. (Pet Purchaser Protection Law)

Link to Chapter 27. Retirement of Research Dogs and Cats

Link to Assistance Animal/Service Dog Laws

Link to Anti-Cruelty/Dogfighting Laws

Link to § 21-27-12. Outdoor dining--Dogs permitted

Link to § 42-17.1-45. No prohibition on pets (dogs and cats at campgrounds)

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

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§ 4-13-6  [Repealed.].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§ 4-13-12  [Repealed.].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.

§ 4-13-42. Care of dogs

§ 4-13-43. Prohibition of breed specific regulation

§ 4-13-44. Minimum maturity level for sale of dogs

  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.

§ 4-13.1-16. Prohibition of breed specific regulation

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, rescues, and brokers.

§ 4-19-4.1. Sales by pet shops

§ 4-19-4.2. Prohibition on sales in public places

§ 4-19-5  Pet shop licenses.

§ 4-19-5.1 Breeder licenses.

§ 4-19-5.2. Trainers required to obtain kennel license--exceptions

§ 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 – 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.

§ 4-19-22. Animal control officers

§ 4-19-23. Pets for veterans

§ 4-19-24. Humane transportation of K-9 partners

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 for the violation of animal control ordinances on any beach within the town of Middletown:

(A) A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the calendar year;

(B) A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense within a calendar year;

(C) A fine not exceeding two hundred dollars ($200) for the third (3rd) and each subsequent offense within a calendar year.

(ii) Middletown may prescribe pecuniary penalties as follows for the violation of animal control ordinances anywhere else within the town:

(A) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

(B) A fine not exceeding one hundred dollars ($100) for the second offense within a calendar year;

(C) A fine not exceeding one hundred fifty dollars ($150) for the third and each subsequent offense within a calendar year.

(iii) 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) The Richmond town council is authorized to enact ordinances:

(i) Establishing the following penalties for animal control offenses:

(A) A fine of not more than fifty dollars ($50.00) for the first offense within one year;

(B) A fine of not more than seventy-five dollars ($75.00) for the second offense within one year of the first offense;

(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within one year of the first offense.

(ii) Permitting the animal control officer or any police officer to issue citations for violation of any animal control ordinance punishable by a fine of five hundred dollars ($500) or less, and to provide for payment of those fines by mail.

(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 fifty dollars ($50.00) for the first offense within a calendar year;

(ii) A fine not exceeding one hundred dollars ($100) for the second offense within a calendar year;

(iii) A fine not exceeding two hundred dollars ($200) for the third and each subsequent offense within a calendar year; and

(iv) A fine not exceeding three hundred dollars ($300) for the fourth 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 month (12) 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.

(25)(i) The Warren town council is authorized to enact an ordinance permitting the animal control officer in the town to issue citations to the owners of animals for violation of any animal control ordinance which may be paid by mail, and 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.

(26)(i) The Burrillville town council is authorized to enact an ordinance:

(A) 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

(B) To prescribe penalties for violation of the provisions of revised general ordinances, Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled “Animals”; and

(C) Establishing an expense not to exceed ten dollars ($10.00) for the day during which impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the animal control facility.

(27) The Foster 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, and may prescribe pecuniary penalties as follows:

(i) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;

(ii) A fine not exceeding thirty dollars ($30.00) 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.

Credits
G.L. 1896, ch. 111, § 1; G.L. 1909, ch. 135, § 1; G.L. 1923, ch. 136, § 1; G.L. 1938, ch. 639, § 1; 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; P.L. 2008, ch. 279, § 1, eff. July 8, 2008; P.L. 2008, ch. 470, § 1, eff. July 5, 2008; P.L. 2009, ch. 122, § 1, eff. July 16, 2009; P.L. 2009, ch. 176, § 1, eff. July 16, 2009; P.L. 2010, ch. 197, § 1, eff. June 25, 2010; P.L. 2010, ch. 225, § 1, eff. June 25, 2010; P.L. 2011, ch. 30, § 1, eff. May 31, 2011; P.L. 2011, ch. 35, § 1, eff. May 31, 2011; P.L. 2011, ch. 141, § 1, eff. June 29, 2011; P.L. 2011, ch. 142, § 1, eff. June 29, 2011; P.L. 2020, ch. 21, § 1, eff. June 26, 2020; P.L. 2020, ch. 38, § 1, eff. June 27, 2020.

Footnotes
1 Probably should read “not 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) “Adequate shelter” means the provision of and access to shelter that is suitable for the species, age, condition, size, and type of each dog; provides sufficient space for the dog to maintain comfortable rest, normal posture, and range of movement; and is safe to protect each dog from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health. Shelters with wire grid or slat floors that permit the dog's feet to pass through the openings, sag under the dog's weight, or otherwise do not protect the dog's feet from injury, are not considered adequate shelter.

(2) “Board” means the rabies control board.

(3) “Department” means the department of environmental management or its successor.

(4) “Director” means the director of the department of environmental management (or its successor), or his or her designee.

(5) “Division” means the division of agriculture.

(6) “Guardian” means a person(s) having the same rights and responsibilities as an owner or keeper, and the terms may 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.

(7) “Livestock” means domesticated animals that are commonly held in moderate contact with humans which include, but are not limited to, cattle, bison, equines, sheep, goats, llamas, and swine.

(8) “Owner or 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 that 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.

(9) “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.

(10) “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.

(11) “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.

(12) “Tether” means the practice of fastening a dog to a stationary object or stake by a chain, rope, or other tethering device as a means of keeping the dog under control. A dog being walked on a leash is not tethered.

Credits

P.L. 1992, ch. 353, § 1; P.L. 1995, ch. 388, § 1; P.L. 1998, ch. 441, § 10; P.L. 2001, ch. 72, § 4; P.L. 2012, ch. 301, § 1, eff. June 20, 2012; P.L. 2012, ch. 358, § 1, eff. June 20, 2012; P.L. 2018, ch. 118, § 1, eff. July 2, 2018; P.L. 2018, ch. 198, § 1, eff. July 2, 2018.

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. --

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 through 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 female 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 licenced 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.

(xi) Scituate town council may provide, by ordinance, for an annual license fee not to exceed twenty ($20.00) dollars for all dogs.

(xii) Burrillville town council may:

(A) Provide, by ordinance, for an annual licensing fee of not more than ten dollars ($10.00) for all dogs; and

(B) Provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violations.

(xiii) The Middletown town council may:

(A) Provide, by ordinance, for an annual licensing fee not to exceed twenty-five dollars ($25.00) per dog.

(xiv) Foster town council may:

(A) Provide, by ordinance, for an annual or biennial licensing fee not to exceed fifteen dollars ($15.00) for all dogs; and

(B) Provide for pecuniary damages not exceeding twenty-five dollars ($25.00) for violations.

(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.

Credits

G.L. 1896, ch. 111, § 8; G.L. 1909, ch. 135, § 8; G.L. 1923, ch. 136, § 8; G.L. 1938, ch. 639, § 8; 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; P.L. 2008, ch. 268, § 1, eff. July 8, 2008; P.L. 2008, ch. 358, § 1, eff. July 5, 2008; P.L. 2010, ch. 197, § 1, eff. June 25, 2010; P.L. 2010, ch. 225, § 1, eff. June 25, 2010; P.L. 2011, ch. 30, § 1, eff. May 31, 2011; P.L. 2011, ch. 35, § 1, eff. May 31, 2011; P.L. 2016, ch. 297, § 1, eff. July 2, 2016; P.L. 2016, ch. 310, § 1, eff. July 2, 2016.

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. --

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.

CREDIT(S)

P.L. 1932, ch. 1942, § 1; P.L. 1932, ch. 1951, § 3; P.L. 1949, ch. 2233, § 1; P.L. 1949, ch. 2323, § 1; P.L. 1962, ch. 7, § 1; P.L. 1979, ch. 93, § 1; P.L. 1990, ch. 298, § 1; P.L. 2000, ch. 455, § 1.

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.

CREDIT(S)

P.L. 1949, ch. 2233, § 1; P.L. 1962, ch. 7, § 1; P.L. 1975, ch. 31, § 1.

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.

CREDIT(S)

Codifications: G.L. 1896, ch. 111, § 17; G.L. 1909, ch. 135, § 17; G.L. 1923, ch. 136, § 17; G.L. 1938, ch. 639, § 17.

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.

CREDIT(S)

Codifications: G.L. 1896, ch. 111, § 20; G.L. 1909, ch. 135, § 20; G.L. 1923, ch. 136, § 20; G.L. 1938, ch. 639, § 20.

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.

§ 4-13-42. Care of dogs

(a) It shall be a violation of this section for an owner or keeper to:

(1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6′) radius at ground level.

(2) Tether a dog with a choke-type collar, head collar, or prong-type collar. The weight of any chain or tether shall not exceed one-eighth ( ⅛ ) of the dog's total body weight.

(3) Keep any dog tethered for more than ten (10) hours during a twenty-four-hour (24) period or keep any dog confined in an area or primary enclosure for more than fourteen (14) hours during any twenty-four-hour (24) period, and more than ten (10) hours during a twenty-four-hour (24) period, if the area is not greater than that which is required under the most recently adopted version of the department of environmental management's rules and regulations governing animal care facilities.

(4) Tether a dog anytime from the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.

(5) Keep any dog outside, either tethered or otherwise confined, when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC).

(b) It shall be a violation of this section for an owner or keeper to fail to provide a dog with adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-19-2; provided however, that adequate veterinary care may be provided by an owner using acceptable animal husbandry practices.

(c) Exposing any dog to adverse weather conditions strictly for the purpose of conditioning shall be prohibited.

(d) The provisions of this section, as they relate to the duration and timeframe of tethering or confinement, shall not apply:

(1) If the tethering or confinement is authorized for medical reasons in writing by a veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is provided;

(2) If tethering or confinement is authorized in writing by an animal control officer, or duly sworn police officer assigned to the animal control division, for the purposes, including, but not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be renewed annually. The written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept shall be considered valid in every other political subdivision of the state. The written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept is revocable by that animal control officer or police officer if there are any conditions present that warrant revocation. The conditions include, but are not limited to, changes in the number or type of dogs, changes in the facility structure or safety, and changes in the health of the dog;

(3) To any entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary facility; or

(4) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1];

(5) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1];

(6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. § 2133) that are temporarily in the state, if authorized by the department of environmental management (DEM);

(7) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1].

(e) Any person in violation of this section shall be imprisoned not exceeding eleven (11) months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. Each day of violation shall constitute a separate offense.

(f) General agents or special agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in cooperation with animal control officers and the department of environmental management (DEM).

Credits

P.L. 2012, ch. 301, § 2, eff. June 20, 2012; P.L. 2012, ch. 358, § 2, eff. June 20, 2012; P.L. 2017, ch. 187, § 1, eff. July 18, 2017; P.L. 2017, ch. 265, § 1, eff. July 21, 2017; P.L. 2018, ch. 118, § 1, eff. July 2, 2018; P.L. 2018, ch. 198, § 1, eff. July 2, 2018.

§ 4-13-43. Prohibition of breed specific regulation

No city or town may enact any rule, regulation or ordinance specific to any breed of dog or cat in the exercise of its power to further control and regulate dogs, cats or other animals as authorized by this chapter.

CREDIT(S)

P.L. 2013, ch. 450, § 1, eff. July 16, 2013.

§ 4-13-44. Minimum maturity level for sale of dogs

(a) Except as otherwise authorized under any other provision of law, it shall be a crime, punishable as specified in subsection (c) of this section, for any person to sell or transfer (as further described within subsection (b) of this section) one or more dogs that are not fully weaned unless, prior to any physical transfer of the dog or dogs from the seller/transferor to the purchaser/transferee, the dog or dogs are approved for sale, as evidenced by written documentation from a veterinarian licensed to practice in Rhode Island.

(b) For the purposes of this section, the sale or transfer of a dog or dogs shall not be considered complete, and thereby subject to the requirements and penalties of this section, unless and until the seller/transferor physically transfers the dog or dogs to the purchaser/transferee.

(c) Any person who violates this section shall be subject to imprisonment not to exceed twelve (12) months or a fine not to exceed one thousand dollars ($1,000), or both.

(d) With respect to the sale of two (2) or more dogs in violation of this section, each dog unlawfully sold or transferred shall represent a separate offense.

(e) This section shall not apply in instances where the following types of organizations place a dog into “foster care” pursuant to their respective current practices of operation:

(1) An organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or animal shelter, as defined in § 4-19-2; and

(2) A pound or dog pound as defined in § 4-19-2.

Credits

P.L. 2018, ch. 161, § 1, eff. July 2, 2018; P.L. 2018, ch. 267, § 1, eff. July 2, 2018.

TITLE 4.  Animals and Animal Husbandry.  CHAPTER 4-13.1.  Regulation of Vicious Dogs.

 § 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.

 § 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 that, through extremely long association with humans, have been bred to a degree that 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);

(iii) Domestic horse (Equus caballus);

(iv) Domestic ass, burro, and donkey (Equus asinus);

(v) Domestic cattle (Bos taurus and Bos indicus);

(vi) Domestic sheep (Ovi aries);

(vii) Domestic goat (Capra hircus);

(viii) Domestic swine (Sus scrofa domestica);

(ix) Llama (lama alama);

(x) Alpaca (lama pacos);

(xi) Camels (Camelus bactrianus and Camel dromedarius);

(xii) Domestic races of European rabbit (Oryctolagus cuniculus);

(xiii) Domestic races of chickens (Callus gallus);

(xiv) Domestic races of duck and geese (Anatidae) morphologically distinguishable from wild birds;

(xv) Domestic races of guinea fowl (Numida meleagris);

(xvi) Domestic races of peafowl (Pavo scristatus).

(3) “Enclosure” means a fence or structure of at least six feet (6’) in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure.

(4) “Impounded” means taken into the custody of the public pound in the city or town where the vicious dog is found.

(5) “Person” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, or trust.

(6) “Vicious dog” means:

(i) Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

(ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;

(iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or

(iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of § 4-13.1-5(d).
Notwithstanding the definition of a vicious dog in subsection (6), no dog may be declared vicious in accordance with § 4-13.1-11 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; or until the society for the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions of § 4-13.1-5(d).

(v) No dog may be declared vicious if an injury or damage was sustained by a domestic animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking, abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(7) “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.

(8) “Muzzle” means a device that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent the dog from biting a person or animal.

(9) “Serious injury” means any physical injury consisting of a broken bone(s) or permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic surgery.

(10) “Enclosed area” means an area surrounded by a fence that will prevent the dog from leaving the owner's property.

(11) “Tie-out” means a cable, rope, light-weight chain, or other means attached to the dog that will prevent the dog from leaving the owner's property.

(12) “Leash” means a rope, cable, nylon strap, or other means attached to the dog that will provide the owner with control of the dog.

Credits
P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2001, ch. 72, § 5; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1, eff. July 6, 2007; P.L. 2007, ch. 430, § 1, eff. July 6, 2007; P.L. 2015, ch. 160, § 1, eff. July 9, 2015; P.L. 2015, ch. 183, § 1, eff. July 9, 2015. 

   § 4-13.1-3  Requirements for registration.

(a) No dog that has been declared vicious shall be licensed by any city or town for any licensing period commencing after April 1986, unless the owner or keeper of that dog that has been declared vicious meets any or all of the following requirements as may be imposed by the hearing panel:

(b) A dog officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with this chapter, and any dog officer is empowered to seize and impound any vicious dog whose owner or keeper fails to comply with this chapter.

(c) In the event that the owner or keeper of the dog refuses to surrender the animal to the dog officer, the dog officer may request a police officer to obtain a search warrant from a justice of the district court and to seize the dog upon execution of the warrant.

(d) A dog must be spayed or neutered unless a licensed veterinarian states in writing that the procedure would threaten the life of the dog.

(e) If an owner or keeper moves, he or she shall notify the dog officer of the city or town in which he/she resides and the dog officer of the city or town in which he or she is to reside.

(f) An owner or keeper may leave a dog under the care and control of someone over the age of sixteen (16) years.

(g) It shall be unlawful for the owner or keeper to sell or give away any dog declared vicious.

P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1, eff. July 6, 2007; P.L. 2007, ch. 430, § 1, eff. July 6, 2007.

    § 4-13.1-4  Control of vicious dogs. 

(a) All dogs that have been declared vicious shall be confined in an enclosure. It is unlawful for any owner or keeper to maintain a dog that has been declared vicious upon any premises which does not have a locked enclosure.

(b) It is unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to comply with commands or directions of the dog officer with respect to the vicious dog, or to comply with the provisions of § 4- 13.1-3(a)(1) or (a)(2). In this event, the vicious dog shall be securely muzzled and restrained with a leash or chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.

P.L. 1985, ch. 400, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1.

§ 4-13.1-5  Harboring dogs for dog fighting – Training dogs to attack humans – Selling, breeding, or buying dogs.

(a) No person shall own or harbor any dog for the purpose of dog fighting; or train, torment, badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.

(b) No person shall possess with intent to sell, or offer for sale, breed, or buy, or attempt to buy, within the state any vicious dog.

(c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff, deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the Prevention of Cruelty to Animals shall be placed in the care of the RISPCA pursuant to the provisions of § 4-1-22 -- § 4-1-31.

(d) The RISPCA shall utilize a timely process to determine the disposition of the dog and provide for prompt transfer to an appropriate rescue organization or adoptive home with humane euthanization occurring only if the dog's medical and/or behavioral condition warrants such action or it is determined, after reasonable time and effort have been expended, that no appropriate placement for the dog exists.

Credits
P.L. 1985, ch. 400, § 1; P.L. 2015, ch. 160, § 1, eff. July 9, 2015; P.L. 2015, ch. 183, § 1, eff. July 9, 2015.

    § 4-13.1-6  [Repealed.]. –

    § 4-13.1-7  Action for damages – Destruction of offending vicious dog.

If any dog declared vicious under § 4-13.1-11, when unprovoked, kills or wounds, or assists in killing or wounding, any domestic animal, belonging to or in the possession of any person, or, when unprovoked, attacks, assaults, bites, or otherwise injures any human being or assists in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of the vicious dog, or while otherwise on or off the property of the owner or keeper whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without fault of the owner or keeper, the owner or keeper of the dog may be liable to the person aggrieved for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping, or harboring of a dog that has been declared vicious in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any action, to prove that the owner or keeper of a dog that has been declared vicious knew that the dog that has been declared vicious possessed the propensity to cause this damage or that the dog had a vicious nature.

P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1.

    § 4-13.1-8  Exemptions. –

(a) Sections 4-13.1-3 – 4-13.1-7 shall not apply to kennels licensed in accordance with the provisions of this chapter or chapter 19 of this title.

(b) This chapter shall not apply to K-9 or other dogs owned by any police department or any law enforcement officer which are used in the performance of police work.

P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1.

    § 4-13.1-9  Penalties for violation – Licensing ordinances and fees.

(a) Any dog declared vicious under § 4-13.1-11:

(b) If any dog declared vicious under § 4-13.1-11, when unprovoked, kills, wounds, or worries or assists in killing or wounding any animal described in § 4-13.1-7, the owner or keeper of the dog shall pay a five hundred fifty dollar ($550) fine. The dog officer is empowered to confiscate the dog. After the expiration of a five (5) day waiting period, excluding Sundays and holidays, which shall not include any day or part thereof 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 the rightful owner's reclaiming the dog, the dog officer may destroy the vicious dog. For each subsequent violation, the owner or keeper of the dog shall pay a fine of one thousand dollars ($1,000).

(c)(1) If any dog declared vicious under § 4-13.1-11, when unprovoked, attacks, assaults, wounds, bites, or otherwise injures, kills or seriously injures a human being, the owner or keeper shall pay a fine of one thousand dollars ($1,000) and the dog officer is empowered to confiscate and, after the expiration of a five (5) day waiting period, which shall not include any day or part thereof 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 such dog by its rightful owner, may destroy the vicious dog. For each subsequent violation, the owner or keeper shall pay a fine of one thousand dollars ($1,000), for owning or keeping a vicious dog which attacks, assaults, wounds, bites or otherwise injures or kills a human being. In the event a dog kills a person, the dog shall be humanely euthanized.

(d)(1) Every city or town shall enact an ordinance requiring the licensing of dogs within their jurisdiction at a fee not to exceed ten dollars ($10.00). In addition, each city or town shall charge an additional fee of two dollars ($2.00) for each license, that fee to be used exclusively by the cities and towns for enforcement of laws pertaining to animals.

(e)(1) If the owner or keeper of a dog impounded for an alleged violation of §§ 4-13.1-3, 4-13.1-4, or 4-13.1-5 believes that there has not been a violation of those sections, the owner or keeper may petition the district court which has jurisdiction in the city or town where the dog is impounded praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending resolution of the owner's or keeper's petition.

(f) One-half ( 1/2 ) of all fines paid pursuant to this section shall be paid to the city or town in which the violation occurred for the purpose of defraying the cost of the implementation of the provisions of this chapter.

(g) No dog shall be destroyed within five (5) days of being impounded, exclusive of Sundays and holidays, and which 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 such dog by its rightful owner.

(h) If a dog has been declared vicious pursuant to § 4-13.1-11, the owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. The sign shall be visible and capable of being read from the public highway.

(i) If a dog has been declared vicious pursuant to § 4-13.1-11, the owner or keeper shall sign a statement attesting that the owner or keeper shall maintain and not voluntarily cancel any liability insurance required pursuant to this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of the license.

(j) The owner or keeper shall notify the local police or animal control officer within two (2) hours if a dog that has been declared vicious is on the loose, is unconfined, has attacked another animal or has attacked a human being or has died.

(k) It shall be unlawful for any owner to sell or give away a dog that has been declared vicious within the state.

(l) A dog officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such dog officer is hereby empowered to seize and impound any dog that has been declared vicious whose owner or keeper fails to comply with these provisions.

P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1; P.L. 1998, ch. 274, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1, eff. July 6, 2007; P.L. 2007, ch. 430, § 1, eff. July 6, 2007.

    § 4-13.1-10  Legal registration drives. –

It shall be the duty of each city or town to conduct a licensing drive annually after September 1, 1985 in order to ensure compliance with the provisions of this chapter.

P.L. 1985, ch. 400, § 1; P.L. 1986, ch. 429, § 1.

    § 4-13.1-11  Determination of a vicious dog.

(a) In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is vicious, the chief dog officer, or his or her immediate supervisor, or the chief of police, or his or her designee, is empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. The dog officer or chief of police shall conduct, or cause to be conducted, an investigation and shall notify the owner or keeper of the dog that a hearing will be held, at which time he or she may have the opportunity to present evidence why the dog should not be declared vicious. The hearing shall be held promptly within no less than five (5), nor more than ten (10), days after service of notice upon the owner or keeper of the dog. The hearing shall be informal and shall be open to the public. The hearing shall be conducted by a panel of three (3) persons that shall consist of the chief of police, or his or her designee, the executive director of the Society for the Prevention of Cruelty to Animals (S.P.C.A.), or his or her designee; and a person chosen by the chief of police and the executive director of the S.P.C.A. All members of the panel shall have one vote in making a determination whether or not the dog in question is vicious. Hearing officers shall have immunity.

(b) After the hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is vicious, the owner or keeper shall comply with this chapter in accordance with a time schedule established by the dog officer or chief of police, but in no case more than thirty (30) days subsequent to the date of the determination. If the owner or keeper of the dog contests the determination, he or she may, within five (5) days of that determination, bring a petition in the district court within the judicial district where the dog is owned or kept, praying that the court conduct its own hearing on whether or not the dog should be declared vicious. After service of notice upon the dog officer, the court shall conduct a hearing de novo and make its own determination as to viciousness. The hearing shall be conducted within seven (7) days of the service of the notice upon the dog officer or law enforcement officer involved. The issue shall be decided upon the preponderance of the evidence. If the court rules the dog to be vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than thirty (30) days subsequent to the date of the court's determination. If the owner has not complied with the provisions of this chapter at the end of thirty (30) days from the written notification that the dog is vicious, the dog may be euthanized.

(c) The court may decide all issues for or against the owner or keeper of the dog regardless of the fact that the owner or keeper fails to appear at the hearing.

(d) The determination of the district court shall be final and conclusive upon all parties. The dog officer or any law enforcement officer shall have the right to convene a hearing under this section for any subsequent actions of the dog.

(e) In the event that the dog officer or law enforcement officer has probable cause to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the dog officer or law enforcement officer may seize and impound the dog pending the hearings.

The owner or keeper of the dog is liable to the city or town where the dog is impounded for the costs and expenses of keeping the dog. The city or town council may establish by ordinance a schedule of those costs and expenses.

Credits

P.L. 1986, ch. 429, § 3; P.L. 1989, ch. 470, § 1; P.L. 2004, ch. 365, § 1; P.L. 2004, ch. 374, § 1; P.L. 2007, ch. 308, § 1, eff. July 6, 2007; P.L. 2007, ch. 430, § 1, eff. July 6, 2007; P.L. 2016, ch. 512, § 48, eff. Dec. 31, 2016.

    § 4-13.1-12  Uniform summons – Mail-in fines – Prosecution. –

The attorney general shall establish a uniform summons or citation to be used by state and municipal law enforcement agencies in the enforcement of this chapter. Fines of one hundred dollars ($100) or less may be paid by mail. All other fines or penalties shall require a court appearance. Any offense under this chapter may be prosecuted by complaint.

P.L. 1986, ch. 429, § 3; P.L. 1998, ch. 274, § 1.

    § 4-13.1-13  Liability of parents for damages caused by dog owned by minor. –

In the event that the owner or keeper of the vicious dog is a minor, the parent or guardian of that minor is liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by that vicious dog.

P.L. 1986, ch. 429, § 3.

    § 4-13.1-14  Severability. –

If any provision of this chapter, or the application of this chapter to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the application of those provisions to other persons and circumstances shall not be affected by that invalidity.

P.L. 1985, ch. 400, § 1.

    § 4-13.1-15  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, § 6.

§ 4-13.1-16. Prohibition of breed specific regulation

No city or town may enact any rule, regulation or ordinance specific to any breed of dog or cat in the exercise of its power to further control and regulate dogs, cats or other animals as authorized by this chapter.

CREDIT(S)

P.L. 2013, ch. 450, § 2, eff. July 16, 2013.

TITLE 4.  Animals and Animal Husbandry.  CHAPTER 4-19.  Animal Care.

    § 4-19-1  Purpose.

The purpose of this chapter is:

(1) To protect the owners of dogs and cats from the sale or use of stolen pets;

(2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed or registered under this chapter, are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons or organizations engaged in transporting, handling, housing, and care of these animals;

(3) To ensure that animals confined in pet shops, kennels, animal shelters, auction markets, breeding facilities, training facilities with the exception of training facilities maintained by government agencies and training facilities operated by volunteers working for a not-for-profit or exempt nonprofit organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, and pounds are provided humane care and treatment;

(4) To release for sale, trade, or adoption only those animals that appear to be free of infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is assured; and

(5) To ensure the spaying and neutering of dogs and cats that are adopted from a releasing agency.

Credits

P.L. 1972, ch. 46, § 1; P.L. 1993, ch. 24, § 1; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2017, ch. 447, § 1, eff. Oct. 11, 2017; P.L. 2017, ch. 475, § 1, eff. Oct. 11, 2017; P.L. 2019, ch. 182, § 1, eff. July 15, 2019; P.L. 2019, ch. 252, § 1, eff. July 15, 2019.

    § 4-19-2  Definitions. –

As used in this chapter, chapter 13 of this title, and the regulations promulgated under this chapter:

(1) “Adequate feed” means the provision at suitable intervals, not to exceed twenty-four (24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish, or container.

(2) “Adequate veterinary care” means care by a licensed veterinarian sufficient to prevent the animal from experiencing unnecessary or unjustified physical pain or suffering.

(3) “Adequate water” means a constant access to a sufficient supply of clean, fresh, potable water provided in a sanitary manner and provided at suitable intervals for the species to maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

(4) “Adopt” means when an adopting party voluntarily acquires and assumes responsibility for an animal from a releasing agency that is properly licensed or registered by the department.

(5) “Adopting party” means any person who enters into a contract acquiring an animal from a releasing agency that is properly licensed or registered by the department.

(6) “Ambient temperature” means the temperature surrounding the animal.

(7) “Animal” means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep, goats, swine, and domestic fowl.

(8) “Animal rescue” or “rescue” means an entity, without a physical brick-and-mortar facility, that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption.

(9) “Animal shelter” means a brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

(10) “Breeder” means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

(11) “Broker” means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point.

(12) “Dealer” means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility.

(13) “Director” means the director of environmental management of the state of Rhode Island.

(14) “Dog officer” or “animal-control officer” means any person employed, contracted, or appointed by the state, or any political subdivision of the state, for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats, or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of dogs, cats, or other animals and includes any state or municipal peace officer, animal-control officer, sheriff, constable, or other employee whose duties, in whole or in part, include assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

(15) “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during that loss of consciousness.

(16) “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.

(17) “Hobby breeder” means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not exceed the limits set forth in § 4-25-1(4). Any person who sells at retail a number in excess of the limits in the aforementioned section shall be considered a breeder.

(18) “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures.

(19) “Kennel” means a place or establishment, other than a pound or animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to the sheltering, feeding, and watering in return for a fee in a residential setting, of no more than four (4) animals not owned by the proprietor, subject to any applicable municipal ordinances that may be more restrictive.

(20) “Licensed releasing agency” means any animal shelter, animal-rescue, pound, animal-control officer, or broker that is required to be licensed or registered with the director pursuant to the provisions of this chapter and is so licensed or registered.

(21) “Neuter” means to surgically render a male dog or cat unable to reproduce.

(22) “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(23) “Pet shop” means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises and does not exceed the limits set forth in § 4-25-1(4).

(24) “Pound” or “dog pound” means a facility operated by a state, or any political subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.

(25) “Primary enclosure” or “enclosure” means the most proximal barrier to an animal that will have the intended purpose or effect of containment of that animal or that will effectively restrict the liberty of the animal.

(26) “Public auction” means any place or location where dogs or cats are sold at auction to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a group, or by weight.

(27) “Research facility” means any place, laboratory, or institution at which scientific tests, investigations, or experiments, involving the use of living animals, are carried out, conducted, or attempted.

(28) “Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

(29) “Sexual maturity” means when a dog or cat reaches six (6) months. In all instances, the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

(30) “Spay” means to surgically render a female dog or cat unable to reproduce.

(31) “State veterinarian” means a licensed veterinarian from the department of environmental management.

(32) “Trainer” means those persons who actively engage in the application of behavior analysis using the environmental events of antecedents and consequences to modify the behavior of an animal, either for the animal to assist in specific activities or undertake particular tasks, or for the animal to participate effectively in contemporary domestic life, and who keep, board, or retain possession of the animal for at least one overnight period, with the exception of those persons engaged in these activities for dog training programs operated by government agencies and for dog training programs operated by a not-for-profit or exempt nonprofit organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code.

Credits

P.L. 1972, ch. 46, § 1; P.L. 1993, ch. 24, § 1; P.L. 1994, ch. 231, § 2; P.L. 1994, ch. 420, § 1; P.L. 1995, ch. 260, § 1; P.L. 2001, ch. 72, § 10; P.L. 2012, ch. 301, § 3, eff. June 20, 2012; P.L. 2012, ch. 358, § 3, eff. June 20, 2012; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2017, ch. 447, § 1, eff. Oct. 11, 2017; P.L. 2017, ch. 475, § 1, eff. Oct. 11, 2017; P.L. 2018, ch. 81, § 1, eff. June 28, 2018; P.L. 2018, ch. 91, § 1, eff. June 28, 2018; P.L. 2019, ch. 182, § 1, eff. July 15, 2019; P.L. 2019, ch. 252, § 1, eff. July 15, 2019.

    § 4-19-3  Registration of municipal dog pounds. –

No municipality shall operate a dog pound unless a certificate of registration for that dog pound has been granted by the director. Application for that certificate shall be made in the manner provided by the director. No fee is required for the application or certificate. Certificates of registration are valid for a period of one year or until revoked and may be renewed annually on the first day of January for like periods upon application in the manner provided.

P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2.

    § 4-19-4  Registration of animal shelters, rescues, and brokers. –

No person shall operate an animal shelter, rescue, or as a broker unless a certificate of registration for that animal shelter, rescue, or broker has been granted by the director. Application for that certificate shall be made in the manner provided by the director. No fee is required for the application or certificate. Certificates of registration are valid for a period of one year, or until revoked, and may be renewed annually on the first day of January for like periods upon application in the manner provided.

Credits
P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

§ 4-19-4.1. Sales by pet shops

(a) A pet shop shall send the following records to the department of environmental management on or before May 1 and November 1 of every year, documenting the following for each dog or cat offered for sale during the previous six (6) months:

(1) A health certificate signed by a licensed veterinarian that indicates that the dog or cat was examined and in good health seven (7) days after the dog or cat was acquired by the pet shop;

(2) Original source information including:

(i) The name, business name, if applicable, street address, city, and state of the breeder;

(ii) Any applicable federal and state license number for the breeder;

(iii) Any federal and state inspection reports the breeder received in the previous six (6) months, without redactions, unless the reports are unavailable because the breeder had not been inspected by federal or state agencies in the previous six (6) months;

(iv) The total number of dogs and cats on the premises of the breeder at the time the dog or cat offered for sale by the pet shop left the breeder's premises;

(3) Broker or dealer information, if applicable, including:

(i) The name, business name, if applicable, street address, city, and state of the broker or dealer who obtained the dog or cat from the breeder and resold the dog or cat to the pet shop;

(ii) Any applicable federal and state license number for the broker or dealer who sold the dog or cat to the pet shop;

(iii) Any federal and state inspection reports the broker or dealer received in the previous six (6) months, without redactions, unless such reports are unavailable because the broker or dealer has not been inspected by federal or state agencies in the previous six (6) months.

(b) A pet shop shall post on the enclosure of each dog and cat offered for sale:

(1) The breed, age, and date of birth of the dog or cat;

(2) The information required under subsection (a) of this section.

(c) Subsections (a) and (b) of this section shall not apply to any dog or cat obtained from an animal rescue, shelter, or dog pound.

(1) For those dogs or cats obtained from an animal rescue, shelter, or dog pound, a pet shop must post on each enclosure the name and address of the animal rescue, animal shelter, or dog pound, and the organization's federal tax identification number, if applicable.

(d) A pet shop owner or operator who violates any provision of this section shall be punished by a fine of not more than two hundred fifty dollars ($250) for a first offense, by a fine of not more than three hundred dollars ($300) for a second offense, and a fine of not more than five hundred dollars ($500) for a third or subsequent offense. Each failure to report or post in violation of this section shall constitute a separate offense.

Credits
P.L. 2019, ch. 120, § 2, eff. July 1, 2020; P.L. 2019, ch. 145, § 2, eff. July 1, 2020.

§ 4-19-4.2. Prohibition on sales in public places

(a) It shall be unlawful for any person to sell, exchange, trade, barter, lease, or display for a commercial purpose any dog or cat on any roadside, public right-of-way, parkway, median, park, other recreation area, flea market or other outdoor market, or commercial or retail parking lot regardless of whether such access is authorized.

(b) This section shall not apply to the following:

(1) The display or adoption of dogs or cats by an animal shelter, pound, or rescue as defined in this chapter; or

(2) The display of dogs or cats as part of a state or county fair exhibition, 4-H program, or similar exhibitions or educational programs.

Credits
P.L. 2019, ch. 120, § 2, eff. July 1, 2020; P.L. 2019, ch. 145, § 2, eff. July 1, 2020.

    §4-19-5  Pet shop licenses. –

No person shall operate a pet shop, as defined in this chapter, unless a license to operate that establishment shall have been granted by the director. Application for that license shall be made in the manner provided by the director. The license period is the state's fiscal year and the license fee is one hundred dollars ($100.00) for each license period or part thereof beginning with the first day of the fiscal year.

Credits
P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2004, ch. 595, art. 33, § 4; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

§ 4-19-5.1 Breeder licenses.

No person shall act as a breeder, as defined in § 4-19-2, unless in possession of a valid license to operate as a breeder granted by the director. Application for that license shall be made in the manner provided by the director. The license period is the state's fiscal year and the license fee is one hundred dollars ($100) for each license period or part thereof beginning with the first day of the fiscal year.

Credits
P.L. 2017, ch. 447, § 2, eff. Oct. 11, 2017; P.L. 2017, ch. 475, § 2, eff. Oct. 11, 2017; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

§ 4-19-5.2. Trainers required to obtain kennel license--exceptions

No person shall act as a trainer, as defined in § 4-19-2, unless in possession of a valid kennel license as set forth in § 4-19-6. Provided, however, persons engaged in dog training activities for dog training programs operated by government agencies, or operated by a not-for-profit or exempt nonprofit organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, shall not be required by this section to obtain a kennel license.

Credits

P.L. 2019, ch. 182, § 2, eff. July 15, 2019; P.L. 2019, ch. 252, § 2, eff. July 15, 2019.

    § 4-19-6  Public auction and kennel licenses. 

(a) No person shall operate a public auction or a kennel, as defined in this chapter, unless a license to operate that establishment has been granted by the director. Application for the license shall be made in the manner provided by the director. The license period is the fiscal year and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning with the first day of the fiscal year.

(b) This section shall not be interpreted to interfere in any manner with the issuing of a public auction or kennel license by any city or town, nor any fee charged by any city or town. No license shall be issued by the director except for those premises as shall be designated for the licensure by the respective city or town council.

(c) Pursuant to § 4-19-2(19), any person who provides the sheltering, feeding, and watering in return for a fee in a residential setting of no more than four (4) animals not owned by the proprietor is:

(1) Exempt from licensure as a kennel under this chapter; and

(2) Subject to inspection by an authorized agent of the department of environmental management (hereinafter “the department”) upon the department receiving a written complaint against the person. Only complaints related to animal care, animal health, and animal welfare may initiate an inspection. Any inspection that is conducted by the department shall be conducted during the hours of eight o'clock a.m. (8:00 a.m.) through five o'clock p.m. (5:00 p.m.), unless the person who is the subject of the complaint agrees to an inspection at another time; and

(3) Required to be compliant with the department's rules and regulations governing animal care facilities, RICR 250-RICR-40-05-4, §§ 4.7 and 4.8.A.1 through 8 (excluding the sanitation log requirements of § 4.8.A.3). Any inspection conducted by an authorized agent of the department shall be limited to the aforementioned sections and shall be limited to areas to which the animals being cared for have access. Any violations of these sections are punishable in accordance with § 4.12 of the rules and regulations governing animal care facilities and any appeal for any enforcement action shall be made in accordance with § 4.11.B of those rules and regulations; and

(4) Any person who is subject to inspection pursuant to the conditions set forth in subsection (c)(2), but who denies access to authorized inspectors from the department, is subject to a civil fine of three hundred fifty dollars ($350). Each day that access is denied shall constitute a separate punishable offense.

Credits
P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2004, ch. 595, art. 33, § 4; P.L. 2018, ch. 81, § 1, eff. June 28, 2018; P.L. 2018, ch. 91, § 1, eff. June 28, 2018; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

    § 4-19-7  Dealer licenses. –

No person shall operate as a dealer, as defined in this chapter, after the first day of the fiscal year unless a license to deal has been granted by the director to that person. Application for the license shall be made in the manner provided by the director. The license period is the fiscal year and the license fee is one hundred dollars ($100) for each license period or part thereof beginning with the first day of the fiscal year.

Credits
P.L. 1972, ch. 46, § 1; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

    § 4-19-8  Denial of certificates of registration or licenses.

(a) A certificate of registration may be denied to any pound or animal shelter, rescue, broker, and a license may be denied to any public auction, kennel, breeder, pet shop, trainer, or dealer or, if granted, the certificate or license may be revoked by the director if, after a hearing, it is determined that the housing facilities and/or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or with the intent of the rules and regulations that may be promulgated pursuant to the authority of this chapter.

(b) Upon revocation of a certificate of registration, all animals in the possession of the pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency for disposition.

(c) Upon the revocation of a license, all animals in the possession of the public auction, kennel, pet shop, breeder, trainer, or dealer must be disposed of by the former licensee in a manner approved by the department. Such disposition must not be for profit and must occur in a timeframe that is determined by the department. Inspectors from the department or from the Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility where the animals being housed by the former licensee are being held until disposition so that the welfare of said animals can be assured.

Credits

P.L. 1972, ch. 46, § 1; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2017, ch. 447, § 1, eff. Oct. 11, 2017; P.L. 2017, ch. 475, § 1, eff. Oct. 11, 2017; P.L. 2019, ch. 182, § 1, eff. July 15, 2019; P.L. 2019, ch. 252, § 1, eff. July 15, 2019.

    § 4-19-9  Operation of pet shop, kennel or public auction without a license. –

Any person who operates as a pet shop, kennel, breeder, or public auction without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be punished pursuant to § 4-19-11.3. Each day of operation shall constitute a separate offense. Advertisement of services consistent with the operation of a pet shop, kennel, breeder, or public auction shall be sufficient evidence of operation of a pet shop, kennel, breeder, or public auction as applicable.

Credits

P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2017, ch. 447, § 1, eff. Oct. 11, 2017; P.L. 2017, ch. 475, § 1, eff. Oct. 11, 2017; P.L. 2018, ch. 346, § 16, eff. July 10, 2018.

    § 4-19-10  Dealing in animals without a license. –

Any person who operates as a dealer of animals, as defined in this chapter, without a currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be punished pursuant to § 4-19-11.3. Each day of operation shall constitute a separate offense.

Credits
P.L. 1972, ch. 46, § 1; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

    § 4-19-11  Mistreatment of animals. –

Failure of any person, firm, or corporation, licensed or registered, under the provisions of this chapter, to adequately house, feed, and water animals in his or her possession or custody, as delineated in any rules and regulations promulgated under the authority of this chapter, shall constitute a misdemeanor, and the person, firm, or corporation shall be subject to a fine of not more than one hundred dollars ($100) per animal; and forfeiture of the animal(s); and revocation of license and/or certificate after a public hearing. Any animals that are suspected of being mistreated may be seized by the state veterinarian to ensure adequate welfare pursuant to § 4-1-31(f) with the cost of care for the aforementioned animals to be determined in the manner prescribed by that section.

Credits

P.L. 1972, ch. 46, § 1; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016.

    § 4-19-11.1. Repealed by P.L. 2005, ch. 256, § 1, eff. July 13, 2005; P.L. 2005, ch. 262, § 1, eff. July 13, 2005 .

    § 4-19-11.2  Destruction of animals – Reporting. –

All licensed releasing agencies are required to notify the department of environmental management monthly of the number of animals destroyed while those animals are in their care and custody.

Credits

P.L. 1990, ch. 42, § 1; P.L. 1994, ch. 231, § 2; P.L. 1994, ch. 420, § 1; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016.

    § 4-19-11.3  Penalty for violations. –

Any person, firm, or corporation who or that violates any provision of this chapter, unless the penalty is otherwise stated in a specific subsection, is subject upon conviction, plea of guilty, or plea of nolo contendere to a fine of five hundred dollars ($500) for the first offense and not to exceed one thousand dollars ($1,000) for the second and subsequent offense and loss of animal(s) and revocation of license and/or certificate after a public hearing.

Credits

P.L. 1994, ch. 231, § 3; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016.

    § 4-19-12  Disposition of animals. 

(a) Notwithstanding any provision of the general or public laws to the contrary, it shall be unlawful to dispose of any animal by using a carbon monoxide chamber or gas chamber. All animals that must be disposed of by a municipal pound or shelter, the humane society, an animal shelter, rescue, pet shop, breeder, kennel, or any other entity that is required to be licensed or registered under this chapter must be disposed of by lethal injection. In the event of an emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion of the animal-control officer, animal-control administrator, approved humane investigator, animal shelter employee, or agent of any other entity so required to be licensed under the provisions of this chapter, the animal is so severely injured, diseased, or suffering in such a manner the animal cannot otherwise be humanely destroyed in an expeditious manner, the animal may be destroyed by shooting; provided, that:

(1) Maximum precaution is taken to minimize the animal's suffering and to protect other persons and animals;

(2) The animal is restrained in a humane manner;

(3) Shooting is performed by highly skilled and trained personnel utilizing a weapon, ammunition of suitable caliber, and other characteristics, and proper placement of the shot to produce an instantaneous death by a single gunshot.

If any type of restraint or confinement is deemed necessary for the safety of those involved, or for efficiency in euthanizing the animal, it must be done in the most humane way possible to cause the least amount of additional stress to that animal.

(b)(1) No dog officer shall give or sell, or negotiate for the gift or sale, to a dealer or research facility of any animal that may come into his or her custody in the course of carrying out his or her official assignments.

(2) No dog officer shall be granted a dealer's license. Each application for a dealer's license shall include a statement made under oath, that neither the applicant, nor any member or employee of the firm, partnership, or corporation making application, is a dog officer within the meaning of this chapter.

(3) A dog officer, or other licensed releasing agency, upon taking custody of any animal in the course of his, her, or its official duties, shall immediately make a record of the matter in the manner prescribed by the director and the record shall include a description of the animal, including: color, breed, sex, reason for seizure, location of seizure, the owner's name and address if known, and all license or other identification numbers if any. Complete information relating to the disposition of the animal, including compliance with the provisions of §§ 4-19-16 and 4-19-18 and any legal actions taken to uphold and enforce this law, shall be added in the manner provided by the director immediately after disposition. The information shall be forwarded monthly to the department of environmental management.

(c) This section shall not apply to any research laboratories or facilities of any hospital, college, or university within the state.

Credits
P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 420, § 1; P.L. 2000, ch. 162, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2005, ch. 256, § 2; P.L. 2005, ch. 262, § 2; P.L. 2016, ch. 488, § 1, eff. July 16, 2016; P.L. 2016, ch. 490, § 1, eff. July 16, 2016; P.L. 2017, ch. 447, § 1, eff. Oct. 11, 2017; P.L. 2017, ch. 475, § 1, eff. Oct. 11, 2017.

§ 4-19-12.1. Public health exemptions

Destruction of animals using gas shall be permitted only by state agencies for the protection of public health. In addition, companies permitted by the department of environmental management pursuant to § 20-1-18 shall also be exempt from this ban on the use of gas.

P.L. 2005, ch. 256, § 4; P.L. 2005, ch. 262, § 4.

    § 4-19-13  Rules and regulations. –

The director may, as he or she deems indicated and appropriate, promulgate rules and regulations consistent with the objectives and intent of this chapter for the purpose of carrying out those objectives and intent. Those rules and regulations may include, but are not limited to, provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals handled, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, adequate veterinary medical care, disposition and voluntary surrender of animals at shelters with and without a request for disposition or destruction of the animal. He or she may, at his or her discretion, after public hearing, adopt in whole or in part, those portions of the rules and regulations promulgated by the secretary of the United States department of agriculture pursuant to the provisions of the animal welfare act, 7 U.S.C. § 2131 et seq., which are consistent with the intent and purpose of this chapter.

P.L. 1972, ch. 46, § 1; P.L. 2000, ch. 483, § 1.

    § 4-19-14  Chapter inapplicable. –

This chapter does not apply to a place or establishment which is operated under the immediate supervision of a duly licensed veterinarian as a hospital where animals are harbored, boarded and cared for incidental to the treatment, prevention, or alleviation of disease processes during the routine practice of the profession of veterinary medicine except that, if animals are accepted by that place, establishment or hospital for the primary purpose of boarding in return for a fee, the place, establishment or hospital is subject to the kennel license provisions of this chapter and the regulations relating to the license which may be promulgated by the director. This chapter shall not apply to any dealer or research facility during the period that the dealer or research facility is in the possession of a valid license or registration granted by the secretary of agriculture pursuant to 7 U.S.C. § 2131 et seq. This chapter shall not apply to breeders, nor to hobby breeders.

P.L. 1972, ch. 46, § 1.

    § 4-19-15  Access of inspectors to property. –

Any authorized representative of the director, and the general agent of the Rhode Island society for the prevention of cruelty to animals, has the power to enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the provisions of this chapter.

P.L. 1972, ch. 46, § 1.

    §4-19-16  Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency. –

(a)(1) No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer, with or without a fee, any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered in accordance with subsections (a)(2) and (a)(3).

(2) The licensed releasing agency is authorized to enter into a written adoption agreement with the adopting party provided that at the time of execution of the written agreement, the licensed releasing agency collect from the adopting party an amount equal to the cost to the licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written agreement must include the dog or cat's age, sex, and general description; the date the adoption agreement was executed; the date by which the licensed releasing agency anticipates that the dog or cat will be spayed or neutered; the date by which the adoptive party shall claim the dog or cat; the adopting party's name, address, phone number, and signature; the licensed releasing agency's name, address, phone number, and the dollar amount remitted to the licensed releasing agency for the cost of spaying or neutering the dog or cat.

(3) After execution of the agreement, the licensed releasing agency shall cause the dog or cat to be spayed or neutered and, when medically fit, shall transfer custody of the dog or cat to the adopting party. Any dog or cat that is not claimed by the adoptive party within ten (10) days of the date enumerated in the written adoption agreement shall be considered unclaimed and may be offered for adoption to another party.

(b) The following are exemptions from the provisions of subsection (a):

(1) A licensed releasing agency returns a stray dog or cat to its owner.

(2) A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.

(3) A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon resolution of the temporary health condition or the animal reaching maturity and shall collect from the adopting party an amount equal to the cost to the licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the licensed releasing agency for spaying or neutering upon resolution of the temporary health condition or the animal reaching sexual maturity. The licensed releasing agency may grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian's report.

(4) A licensed releasing agency transfers a dog or cat to another licensed releasing agency.

(c) If requested to do so, a licensed releasing agency shall refund fees collected for the purpose of spaying or neutering the dog or cat to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the spaying or neutering was required to be completed.

(d) Any and all licensed releasing agencies:

(1) May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and

(2) Shall make a good faith effort to cause an adopting party to comply with this section.

Credits
P.L. 1993, ch. 24, § 2; P.L. 1995, ch. 260, § 1; P.L. 2013, ch. 312, § 1, eff. July 15, 2013; P.L. 2013, ch. 417, § 1, eff. July 15, 2013; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

    § 4-19-17  Forfeited deposits. 

Upon request, the adoptive party shall receive a refund for the fee collected by the licensed releasing agency under the provisions of subsection 4-19-16(a) provided that the licensed releasing agency has not caused the dog or cat to be spayed or neutered at the time the request for such refund is made.

CREDIT(S)

P.L. 1993, ch. 24, § 2; P.L. 1995, ch. 260, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2013, ch. 312, § 1, eff. July 15, 2013; P.L. 2013, ch. 417, § 1, eff. July 15, 2013.

    § 4-19-18  Penalties for violations. 

(a) Violations of the provisions of § 4-19-16 or the written agreement executed pursuant to § 4-19-16 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Each and every incidence of non-compliance by an adopting party which continues unremedied for thirty (30) days after written notice of a violation under this section constitutes a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the licensed releasing agency from which it was adopted, which licensed releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the licensed releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of §§ 4-19-16 -- 4-19-18 will be enforced against an adopting party by a dog officer or a police officer for the city or town in which the adopting party resides. Licensed releasing agencies must notify the animal control officer or police officer in the city or town in which the adopting party resides, in writing, within fourteen (14) days of any violation of the provisions of § 4-19-16.

(b) Violations of § 4-19-16 or 4-19-17 by a licensed releasing agency are punishable by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars ($250) for the second offense and five hundred dollars ($500) for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the licensed releasing agency's license to operate. Compliance by the releasing agency with §§ 4-19-16 -- 4-19-18 will be monitored as to the licensed releasing agencies by the state veterinarian. The provisions of §§ 4-19-16 through 4-19-18 will be enforced against a licensed releasing agency by the division of law enforcement of the department of environmental management.

(c) All fines collected under subsection (a) will be remitted to the town or city clerk of the municipality where the adopting party of the dog or cat resides. These fines shall be used by the municipality only for programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) will be remitted to the general treasurer and placed in a separate fund within the general fund to be called the “Animal Health Fund” which shall be administered by the general treasurer in the same manner as the general fund. All funds deposited in the “Animal Health Fund” shall be made available to the department of environmental management division of agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement of §§ 4-19-16, 4-19-17 and 4-19-18.

CREDIT(S)

P.L. 1993, ch. 24, § 2; P.L. 1995, ch. 260, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2013, ch. 312, § 1, eff. July 15, 2013; P.L. 2013, ch. 417, § 1, eff. July 15, 2013.

    §4-19-19  Adoption of municipal ordinances. –

No provision of this chapter prohibits any city or town from adopting any provision of this chapter as a municipal ordinance.

 P.L. 1993, ch. 24, § 2.

    § 4-19-20  Severability. –

If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, the remainder of the chapter and the application of any provision to persons or circumstances other than those as to which it is held invalid shall not be affected by this invalidity.

Credits
P.L. 1972, ch. 46, § 1; P.L. 2019, ch. 120, § 1, eff. July 1, 2020; P.L. 2019, ch. 145, § 1, eff. July 1, 2020.

    § 4-19-21  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 § 4-19-2.

P.L. 2001, ch. 72, § 11.

§ 4-19-22. Animal control officers

(a) Effective January 1, 2019, no municipality shall employ any animal control officer who has not received certification to be an animal control officer from the National Animal Care & Control Association (NACA) or other equivalent organization as determined by the Rhode Island Society for the Prevention of Cruelty to Animals. All new hires will have a period of twelve (12) months from date of hire to receive certification. All existing personnel employed as animal control officers shall obtain their certification by January 1, 2019.

(b) The training and certification program required by subsection (a) of this section shall incorporate instruction that shall meet NACA guidelines for certification, including, but not limited to, the following criteria:

(1) Laws and regulations affecting animal control, animal welfare, and animal cruelty;

(2) Domestic and wild animal behavior;

(3) Handling and treatment of deceased or stray animals; and

(4) Emergency procedures and conflict resolution skills.

Credits

P.L. 2017, ch. 118, § 1, eff. July 5, 2017; P.L. 2017, ch. 144, § 1, eff. July 5, 2017.

§ 4-19-23. Pets for veterans

(a) A public animal shelter shall not charge an adoption fee for a dog or cat if the person adopting the dog or cat presents to the public animal shelter a current and valid driver's license or identification card with the word “veteran” printed on its face pursuant to § 31-10-48.

(b) A public animal shelter may limit the number of dogs or cats adopted from that public animal shelter pursuant to subsection (a) of this section to one dog or cat during a period of every six (6) months.

Credits
P.L. 2022, ch. 288, § 1, eff. June 29, 2022; P.L. 2022, ch. 289, § 1, eff. June 29, 2022.

§ 4-19-24. Humane transportation of K-9 partners

(a) For the purposes of this section, “police dog” means: a dog owned by a police department or police agency of the state of Rhode Island or any political subdivision thereof, that is used by the department or agency for official duties.

(b) EMS personnel may provide emergency treatment to a police dog injured in the line of duty and transport the police dog by ambulance to a veterinary care facility equipped to provide emergency treatment to dogs; provided, however, that EMS personnel shall not transport an injured police dog if providing transport would inhibit their ability to provide emergency medical attention or transport to a person requiring such services.

(c) The department of health, in consultation with the Rhode Island veterinary medical association, the Rhode Island association of fire chiefs, the Rhode Island state association of firefighters, at least two (2) practicing, licensed emergency medical technicians, the international brotherhood of police officers' K-9 officer, the fraternal order of police's K-9 officer, and the department of state police's K-9 unit, shall develop policies and procedures that include, but are not limited to:

(1) Appropriate training of EMS personnel to provide police dogs basic level first aid, cardiopulmonary resuscitation, and life-saving interventions, including, but not limited to, administering naloxone; provided, however, that nothing in this section shall authorize the provision of advanced life support care to a police dog;

(2) Safe handling procedures for injured police dogs, including, but not limited to, the use of a box muzzle and response coordination with a law enforcement official trained in handling police dogs;

(3) Identification of veterinary facilities that provide emergency treatment for injured police dogs;

(4) Decontamination of stretchers, the patient compartment, and any contaminated medical equipment after a police dog has been transported by ambulance or EMS vehicle; and

(5) Sterilization of the interior of an ambulance or EMS vehicle before being returned to human service, including, but not limited to, sanitizing all allergens and disinfection to a standard safe for human transport.

(d) The department of health may grant a waiver from this section if the department determines that compliance poses a safety risk to the public. The department shall develop regulations regarding applications and issuance of such a waiver.

Credits
P.L. 2022, ch. 295, § 1, eff. June 29, 2022; P.L. 2022, ch. 296, § 1, eff. June 29, 2022.