2015 -- S 0347 | |
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LC000157 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2015 | |
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A N A C T | |
RELATING TO ANIMAL AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS | |
DOGS | |
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Introduced By: Senators Walaska, Ciccone, and McCaffrey | |
Date Introduced: February 12, 2015 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 4-13.1-2 and 4-13.1-5 of the General Laws in Chapter 4-13.1 |
2 | entitled "Regulation of Vicious Dogs" are hereby amended to read as follows: |
3 | 4-13.1-2. Definitions. -- As used in §§ 4-13.1-1 -- 4-13.1-14, the following words and |
4 | terms shall have the following meanings, unless the context indicates another or different |
5 | meaning or intent: |
6 | (1) "Dog officer" means any person defined by the provisions of chapter 19 of this title. |
7 | (2) "Domestic animals" means animals which, through extremely long association with |
8 | humans, have been bred to a degree which has resulted in genetic changes affecting the |
9 | temperament, color, conformation, or other attributes of the species to an extent that makes them |
10 | unique and distinguishable from wild individuals of their species. Such animals may include but |
11 | are not limited to: |
12 | (i) Domestic dog (Canis familiaris); |
13 | (ii) Domestic cat (Felis catus); |
14 | (iii) Domestic horse (Equus caballus); |
15 | (iv) Domestic ass, burro, and donkey (Equus asinus); |
16 | (v) Domestic cattle (Bos taurus and Bos indicus); |
17 | (vi) Domestic sheep (Ovi aries); |
18 | (vii) Domestic goat (Capra hircus); |
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1 | (viii) Domestic swine (Sus scrofa domestica); |
2 | (ix) Llama (lama alama); |
3 | (x) Alpaca (lama pacos); |
4 | (xi) Camels (Camelus bactrianus and Camel dromedarius); |
5 | (xii) Domestic races of European rabbit (Oryctolagus cuniculus); |
6 | (xiii) Domestic races of chickens (Callus gallus); |
7 | (xiv) Domestic races of duck and geese (Anatidae) morphologically distinguishable from |
8 | wild birds; |
9 | (xv) Domestic races of guinea fowl (Numida meleagris); |
10 | (xvi) Domestic races of peafowl (Pavo scristatus). |
11 | (3) "Enclosure" means a fence or structure of at least six feet (6') in height, forming or |
12 | causing an enclosure suitable to prevent the entry of young children, and suitable to confine a |
13 | vicious dog in conjunction with other measures which may be taken by the owner or keeper, such |
14 | as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed |
15 | with secure sides, top, and bottom and shall be designed to prevent the animal from escaping |
16 | from the enclosure. |
17 | (4) "Impounded" means taken into the custody of the public pound in the city or town |
18 | where the vicious dog is found. |
19 | (5) "Person" means a natural person or any legal entity, including but not limited to, a |
20 | corporation, firm, partnership, or trust. |
21 | (6) "Vicious dog" means: |
22 | (i) Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any |
23 | person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; |
24 | (ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to |
25 | cause injury, or to otherwise endanger the safety of human beings or domestic animals; |
26 | (iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or |
27 | domestic animal without provocation on public or private property; or |
28 | (iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or |
29 | any dog trained for dog fighting. |
30 | Notwithstanding the definition of a vicious dog in subsection (6), no dog may be |
31 | declared vicious in accordance with § 4-13.1-11 if an injury or damage is sustained by a person |
32 | who, at the time that injury or damage was sustained, was committing a trespass or other tort |
33 | upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, |
34 | provoking, abusing or assaulting the dog or was committing or attempting to commit a crime or |
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1 | until the society for the prevention of cruelty to animals has an opportunity to assess the dog |
2 | pursuant to the provisions of § 4-13.1-5(d). |
3 | (v) No dog may be declared vicious if an injury or damage was sustained by a domestic |
4 | animal which at the time that injury or damage was sustained was teasing, tormenting, provoking, |
5 | abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or |
6 | defending a human being within the immediate vicinity of the dog from an unjustified attack or |
7 | assault. |
8 | (7) "Guardian" shall mean a person(s) having the same rights and responsibilities of an |
9 | owner, and both terms shall be used interchangeably. A guardian shall also mean a person who |
10 | possesses, has title to or an interest in, harbors or has control, custody or possession of an animal |
11 | and who is responsible for an animal's safety and well-being. |
12 | (8) "Muzzle" means a device which shall not cause injury to the dog or interfere with its |
13 | vision or respiration but shall prevent the dog from biting a person or animal. |
14 | (9) "Serious injury" means any physical injury consisting of a broken bone(s) or |
15 | permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic |
16 | surgery. |
17 | (10) "Enclosed area" means an area surrounded by a fence that will prevent the dog from |
18 | leaving the owner's property. |
19 | (11) "Tie-out" means a cable, rope, light weight chain, or other means attached to the |
20 | dog that will prevent the dog from leaving the owner's property. |
21 | (12) "Leash" means a rope, cable, nylon strap, or other means attached to the dog that |
22 | will provide the owner with control of the dog. |
23 | 4-13.1-5. Harboring dogs for dog fighting -- Training dogs to attack humans -- |
24 | Selling, breeding, or buying dogs. -- (a) No person shall own or harbor any dog for the purpose |
25 | of dog fighting, or train, torment, badger, bait, or use any dog for the purpose of causing or |
26 | encouraging the dog to unprovoked attacks upon human beings or domestic animals. |
27 | (b) No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt |
28 | to buy within the state any vicious dog. |
29 | (c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff, |
30 | deputy sheriff, constable, police officer, agent or officer of the Society for the Prevention of |
31 | Cruelty to Animals shall be placed in the care of the SPCA pursuant to the provisions of § 4-1-22 |
32 | through and including § 4-1-31. |
33 | (d) The SPCA shall utilize a timely process to determine the disposition of the dog and |
34 | provide for prompt transfer to an appropriate rescue organization or adoptive home with humane |
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1 | euthanization occurring only if the dog's medical and/or behavioral condition warrants such |
2 | action or it is determined, after reasonable time and effort have been expended, that no |
3 | appropriate placement for the dog exists. |
4 | SECTION 2. This act shall take effect upon passage. |
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LC000157 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ANIMAL AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS | |
DOGS | |
*** | |
1 | This act would require that any dog lawfully seized as a result of dog fighting or trained, |
2 | tormented, badgered, baited, or used for the purpose of unprovoked attacks upon human beings or |
3 | domestic animals be placed in the care of the society for the prevention of cruelty to animals for |
4 | the dog's physical care and suitability for transfer to an appropriate rescue organization or |
5 | adoptive home. |
6 | This act would take effect upon passage. |
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