2013 -- H 5287

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LC00905

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS

DOGS

     Introduced By: Representatives Gallison, and Marshall

     Date Introduced: February 06, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Legislative Findings. The general assembly finds and declares as follows:

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     (1) In recent years the state of Rhode Island has experienced a tragic series of incidents in

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which citizens have been attacked and seriously injured by pitbull dogs; and,

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     (2) Concurrent with these attacks upon human beings, the community has also

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experienced an increasing number of animal killings and serious injuries resulting from pitbull

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attacks; and

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     (3) Pitbull breeds were developed for the purpose of fighting dogs and other animals; and

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     (4) To increase its effectiveness as a fighter, certain pitbull traits have been selected and

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maximized by controlled breeding, including:

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     (i) A set of powerful jaws with an exceptional ability to grip, lock and tear when the dog

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bites;

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     (ii) A unique insensitivity to pain that causes pitbulls to be exceedingly tenacious in the

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attack; and

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     (iii) An unusually aggressive temperament towards human beings and animals; and

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     (4) An extraordinary directness in their method of attack that does not include the

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common warning signs such as barking or growling displayed by other breeds.

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     (5) For the above reasons, pitbull dogs present a danger to the health and welfare of the

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citizens of Rhode Island, different in degree and kind, from the dangers presented by other breeds

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of dogs.

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     (6) It is the intent of the general assembly to utilize its authority and police powers to

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protect the health, safety and welfare of its citizens through implementation of uniform

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regulations and guidelines for the possession, handling, and control of pitbull dogs. The intent of

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this act is not to outlaw the ownership of pitbull dogs but rather to stimulate responsible

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ownership through confinement, registration and liability insurance. The unique history, nature,

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and characteristics of pitbull dogs has been determined to require the special regulations and

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provisions contained within this act which the general assembly finds to be reasonable and

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necessary.

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     SECTION 2. Chapter 4-13.1 of the General Laws entitled "Regulation of Vicious Dogs"

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is hereby amended by adding thereto the following sections:

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     4-13.1-16. Definition and identification of a pitbull dog. -- (a) The term “pitbull dog”

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as used within this chapter shall refer to any dog which exhibits those distinguishing

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characteristics which:

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     (1) Substantially conform to the standards established by the American Kennel Club for

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American Staffordshire Terriers or Staffordshire Bull Terriers; or

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     (2) Substantially conform to the standards established by the United Kennel Club for

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American Pitbull Terriers.

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     (b) The current standards of the American Kennel Club and the United Kennel Club

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referred to in subsection (a) shall remain on file with the animal control officer for each

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municipality.

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     (c) Technical deficiencies in a dog’s conformance to the standards described in

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subsection (b) shall not be construed to indicate that the subject dog is not a “pitbull dog” under

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this chapter.

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     (d) Testimony by a veterinarian, zoologist, animal behaviorist, or animal control officer

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that a particular dog exhibits distinguishing physical characteristics of a pitbull shall establish a

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rebuttable presumption that the dog is a pitbull.

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     (e) “Keeper” means any person who possesses, keeps, exercises control over, maintains,

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harbors, transports, or sells a pitbull, whether or not that person is the owner.

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     (f) “Owner” means any person who owns, possesses, keeps, exercises control over,

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maintains, harbors, transports or sells a pitbull.

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     4-13.1-17. Confinement of pitbull dogs. -- (a) Because of the pitbull dog’s inbred

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propensity to attack other animals, and because of the danger posed to humans and animals alike

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by a pitbull dog when running loose or while running together in a pack, pitbull dogs must at all

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times except as otherwise provided in this section be securely confined indoors, or confined in a

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securely and totally enclosed and locked pen, with either a top or with all four (4) sides at least

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six feet (6') high, and with a conspicuous sign displaying the words “Dangerous Dog.”

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      (b) At any time that a pitbull dog is not confined as required in subsection (a) above, the

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dog shall be muzzled in such a manner as to prevent it from biting or injuring any person or

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animal, and kept on a leash with the owner, keeper or handler in attendance. The owner or keeper

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must be eighteen (18) years of age or older. No pitbull dog may be walked within one hundred

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feet (100') of any public or private school ground nor enter onto such school grounds.

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     (c) An exception to the confinement requirements, of subsections (a) and (b) is hereby

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provided for any pitbull dog in attendance at, and participating in, any lawful dog show, contest,

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or exhibition sponsored by a dog club, association, and society of similar organization, or when

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the dog is actually engaged in the sport of hunting in an authorized area and supervised by a

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competent person eighteen (18) years of age or older.

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     (d) Municipal animal shelters may temporarily harbor and transport any pitbull for

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purposes of enforcing the provisions of this chapter.

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     4-13.1-18. Evidence of financial responsibility required to be maintained by owners

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of pitbull dogs. -- In order to protect the public and to afford relief from the severe harm and

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injury which is likely to result from a pitbull dog attack, every owner of a pitbull dog shall

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maintain and be able to provide evidence of the owner’s financial ability to respond in damages

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up to and including the amount of fifty thousand dollars ($50,000) for bodily injury to or death of

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any person or damage to property which may result from the ownership, keeping or maintaining

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of such dog. Proof of financial responsibility shall be given by filing with the animal control

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office a certificate of insurance from an insurance company authorized to do business in the

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state, stating that the owner is and will be insured against liability for such damages; or by posting

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with the animal control officer a surety bond conditioned upon the payment of such damages

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during the period of such registration; or by posting a personal bond secured by a mortgage in

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real property or security interest in personal property; or a sworn statement of the owner of

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his/her financial ability to respond to damages up to and including the amount of fifty thousand

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dollars ($50,000).

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     4-13.1-19. Regulation of pitbull dogs. -- Every owner of a pitbull dog in the state of

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Rhode Island shall register the dog with the animal control officer in the municipality in which

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the dog will be kept, housed or located. The registration shall include the following: name,

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address, and telephone number of the dog’s owner; the address where the dog is harbored, if

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different from the owner’s address; a complete identification of the dog including the dog’s sex,

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color, and any other distinguishing characteristics; a color photograph of the dog; a description of

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the method of compliance with the confinement requirements; proof of the liability insurance or

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other evidence of financial responsibility required pursuant to this chapter; and a registration fee.

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4-13.1-20. Enforcement. -- It shall be the duty and responsibility of all animal control

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officers in the state of Rhode Island to enforce the provisions of this chapter.

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     4-13.1-21. Time for compliance. -- (a) All persons subject to this chapter shall have

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ninety (90) days from the effective date of this chapter to comply with all confinement and

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registration and requirements of this chapter. The provisions of chapter 4-13.1-18 entitled

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“Evidence of financial responsibility required to be maintained by owners of pitbull dogs,? shall

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be effective within one hundred and twenty (120) days from the effective date of this chapter.

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     (b) Failure to register a pitbull dog as required by this chapter within the ninety (90) day

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grace period shall be prima facie evidence of non-compliance with this chapter.

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      (c) Violations of subsection (a) and or subsection (b) may result in the issuance of a civil

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violation notice and removal of the pitbull dog by the animal control officer until such time as

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compliance to this chapter is completed.

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     4-13.1-22. Pitbull signs in veterinary offices, kennels, commercial breeders,

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commercial animal establishments, pet shops, and dog grooming businesses. -- (a) Signs

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Required. Every veterinary office, kennel, commercial breeder, commercial animal establishment,

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pet shop and dog grooming business must post a sign stating in English, the following:

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     “BOTH PURE AND MIXED BREED PITBULL DOGS ARE CLASSIFIED AS

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DANGEROUS. FAILURE TO REGISTER, MUZZLE, CONFINE, AND INSURE A PITBULL

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IS A VIOLATION OF THE LAWS SUBJECT TO PENALTY. Chapter 4-13.1 of the Rhode

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Island General Laws.

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     “IF YOU OR YOUR FAMILY IS AT RISK BECAUSE SOMEONE LIVING NEAR

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YOU FAILS TO CONFINE, MUZZLE OR INSURE A PITBULL DOG, CONTACT THE

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ANIMAL CONTROL OFFICER” (HERE INSERT CURRENT PHONE NUMBER FOR THE

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LOCAL ANIMAL CONTROL OFFICER).

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     The sign must be prominently displayed to the public and clearly legible.

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     (b) Penalties. Failure to post a sign as required by this section shall be a civil violation

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subject to a one hundred fifty dollar ($150) civil penalty. Every day a sign is not posted shall be a

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separate violation.

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     4-13.1-23. Schedule of civil penalties. --

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     Chapter Section Description of Violation Civil Penalty

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     4-13.1-17 Failure to confine pitbull dog $500

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     4-13.1-18 Failure of owner of pitbull dog to

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      maintain insurance or other

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evidence of financial responsibility $1500

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     4-13.1-19 Failure to register

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      pitbull dog $100

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     4-13.1-24. Application of chapter. -- The provisions of this chapter shall serve as the

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minimum standards for the state of Rhode Island. Nothing in this chapter shall prevent

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municipalities from providing for more stringent regulations of pitbull dogs and pitbull dog

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owners.

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     SECTION 3. This act shall take effect upon passage.

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LC00905

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS

DOGS

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     This act would provide for the regulation of pitbull ownership.

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     This act would take effect upon passage.

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LC00905

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