2014 -- H 7266

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LC003658

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS

DOGS

     Introduced By: Representatives Guthrie, Bennett, Corvese, and Ucci

     Date Introduced: January 30, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-13.1-2 of the General Laws in Chapter 4-13.1 entitled

"Regulation of Vicious Dogs" is hereby amended to read as follows:

     4-13.1-2. Definitions. -- As used in sections 4-13.1-1 -- 4-13.1-14, the following words

and terms shall have the following meanings, unless the context indicates another or different

meaning or intent:

      (1) "Dog officer" means any person defined by the provisions of chapter 19 of this title.

      (2) "Domestic animals" means animals which, through extremely long association with

humans, have been bred to a degree which has resulted in genetic changes affecting the

temperament, color, conformation, or other attributes of the species to an extent that makes them

unique and distinguishable from wild individuals of their species. Such animals may include but

are not limited to:

      (i) Domestic dog (Canis familiaris);

      (ii) Domestic cat (Felis catus);

      (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 which 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.

      Notwithstanding the definition of a vicious dog in subsection (6), no dog may be

declared vicious in accordance with section4-13.1-11 of this chaper 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

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a crime.

      (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 which 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.

     SECTION 2. This act shall take effect upon passage.

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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

***

     This act would exclude from the definition of "vicious dogs", any dog which is owned,

harbored or trained for the purposes of dog fighting.

     This act would take effect upon passage.

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