2012 -- H 7138

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LC00531

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS

     Introduced By: Representatives Petrarca, Corvese, Winfield, Keable, and Azzinaro

     Date Introduced: January 17, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-13-1.2 of the General Laws in Chapter 4-13 entitled "Dogs" is

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hereby amended to read as follows:

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     4-13-1.2. Definitions. -- (1) "Board" means the rabies control board.

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      (2) "Department" means the department of environmental management or its successor.

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      (3) "Director" means the director of the department of environmental management (or its

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successor) or his or her designee.

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      (4) "Division" means the division of agriculture.

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      (5) "Livestock" means domesticated animals which are commonly held in moderate

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contact with humans which include, but are not limited to, cattle, bison, equines, sheep, goats,

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llamas, and swine.

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      (6) "Owner keeper" means any person or agency keeping, harboring or having charge or

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control of or responsibility for control of an animal or any person or agency which permits any

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dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This

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term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet

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shop, or animal shelter.

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      (7) "Person" means an individual, firm, joint stock company, partnership, association,

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private or municipal corporation, trust, estate, state, commission, political subdivision, any

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interstate body, the federal government or any agency or subdivision of the federal government,

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other government entity, or other legal entity.

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      (8) "Pets" means domesticated animals kept in close contact with humans, which

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include, but may not be limited to dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.

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      (9) "Quarantine" means the removal, isolation, the close confinement or related measures

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of an animal under conditions and for time periods that are set by regulation of the board.

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      (10) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

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owner, keeper and both terms shall be used interchangeably. A guardian shall also mean a person

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who possesses, has title to or an interest in, harbors or has control, custody or possession of an

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animal and who is responsible for an animal's safety and well-being.

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     (11) "Tether" means the practice of fastening a dog to a stationary object or stake by a

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chain, rope or other tethering device as a means of keeping the animal under control. The term

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tether does not refer to the periods when an animal is walked on a leash.

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     (12) "Outdoor housing facility" means a structure that is the proper size for the dog,

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impervious to moisture, has protection from the direct rays of the sun, and has a wind break at the

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entrance. This includes, but is not limited to, dog houses, barns, garages and sheds.

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     (13) "Person having charge" means the owner, guardian, possessor or keeper of the dog.

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     SECTION 2. Chapter 4-13 of the General Laws entitled "Dogs" is hereby amended by

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adding thereto the following section:

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     4-13-13.1. Sheltering, tethering and nourishment of dogs. -- (a) It shall be a violation

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of this section for a person having charge to:

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     (1) Keep any dog outside either tethered, penned, caged, fenced or otherwise confined

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without access to an outdoor housing facility when the ambient temperature is beyond the

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industry standard for the weather safety scale as set forth in the most recent adopted version of

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the Tufts Animal Care and Condition Weather Safety Scale if the dog is showing signs of poor

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health due to the weather conditions.

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     (2) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

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area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6´) radius at

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ground level.

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     (3) Tether a dog with a choke-type collar or prong-type collar.

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     (4) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour

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period or keep any dog confined in a pen, cage or other outdoor housing structure for more than

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fourteen (14) hours during any twenty-four (24) hour period.

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     (5) Fail to provide proper food, proper water, or proper veterinary care as defined in

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section 4-1-1.

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     (b) The provisions of this section shall not apply: (1) If the tethering or confinement is

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authorized for medical reasons in writing by a veterinarian licensed in Rhode Island which must

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be renewed annually and an outdoor housing facility is provided; or (2) If such tethering or

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confinement is authorized in writing by an animal control officer: or (3) To a training facility,

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grooming facility, commercial boarding kennel, pet shop licensed in accordance with chapter 4-

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19, animal shelter, municipal pound or veterinary facility; or (4) To licensed hunters, field trial

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participants or any person raising or training a gun dog or hunting dog, provided that the licensed

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hunter or field trial hunt test participant is actively engaged in hunting, training or field trial hunt

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testing or is transporting the dog to or from an event; or (5) To livestock farmers who use their

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dogs to protect their livestock from predators; or (6) To sled dog owners who are actively training

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their dogs to pull sleds in winter conditions.

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     (c) Any person in violation of this section shall be given a warning for a first violation.

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Second and subsequent violations of this subsection can be considered a violation of section 4-1-

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2.

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     (d) The Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) in

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conjunction with animal control officers are hereby authorized to enforce the aforementioned as

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provided in this title. Furthermore, the (RISPCA) in conjunction with animal control officers are

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hereby authorized and empowered to examine the dog and to enter upon those grounds or

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premises for enforcement of the provisions of this section.

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     SECTION 3. Section 4-1-1 of the General Laws in Chapter 4-1 entitled "Cruelty to

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Animals" is hereby amended to read as follows:

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     4-1-1. Definitions -- Responsibility for agents and employees. -- (a) In this chapter and

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in sections 4-4-9, 4-4-10, and 23-19-8:

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      (1) "Animal" and "animals" means every living creature except a human being;

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      (2) "Licensed graduate veterinarian" or "veterinarian" means a person licensed to engage

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in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an

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accredited veterinary medical, surgical, and dental school or college of a standard recognized by

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the Rhode Island veterinary medical association; and

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

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      (4) "Guardian" shall mean means a person(s) having the same rights and responsibilities

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of an owner, and both terms shall be used interchangeably. A guardian shall also mean a person

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who possesses, has title to or an interest in, harbors or has control, custody or possession of an

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animal and who is responsible for an animal's safety and well-being.

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      (5) “Proper food” means access to a sufficient quality and quantity of wholesome

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foodstuff suitable for that species that will allow for normal growth and maintenance of the

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animal’s body weight and body condition. Wholesome foodstuff is food intended for that species

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of animal or food that is accepted for that species of animal under acceptable animal husbandry

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practices. The interval between feeding shall not be more than twenty-four (24) hours.

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     (6) “Proper water” means access to clean, fresh, drinkable potable water sufficient to

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maintain the health of the animal not to exceed twelve (12) hours at any interval.

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     (7) “Proper veterinary care” means providing each animal that is suffering from an

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illness, injury or medical condition with veterinary care sufficient to prevent unnecessary or

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unjustified physical pain or suffering by the animal; provided, that nothing herein shall be

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construed to prevent an owner from treating an animal using acceptable animal husbandry

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practices.

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     (8) “Shelter for a dog” means a structure, doghouse of the appropriate size for the breed

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and size of the dog or other adequate protection from inclement weather, as required to maintain

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the dog in a state of good health, and prevent unnecessary or unjustified suffering of the dog.

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     (b) An owner who allows an animal to become emaciated due to a malabsorption

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problem, disease, parasitic infestation or any illness or chronic illness when the animal is not

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under the direct and continued care of a veterinarian for those problems shall be as guilty as an

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owner who does not provide proper food.

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     (b) (c) The knowledge and acts of agents of and persons employed by corporations in

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regard to animals transported, owned or employed by or in the custody of that corporation are

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held to be the acts and knowledge of that corporation.

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     SECTION 4. This act shall take effect upon passage.

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LC00531

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS

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     This act would provide guidelines and penalties for any person that keeps a dog outside

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tethered, penned, caged, fenced or otherwise confined without adequate shelter from the elements

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and would add definitions of “proper food,” “proper water” and “proper veterinary care” to the

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chapter on cruelty to animals.

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     This act would take effect upon passage.

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LC00531

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