2016 -- H 7738

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - REGULATION OF VICIOUS

DOGS

     Introduced By: Representative K. Joseph Shekarchi

     Date Introduced: February 24, 2016

     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 §§ 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

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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).

     (iv) 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.

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

"Regulation of Vicious Dogs" is hereby repealed.

     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

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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.

     SECTION 3. 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

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     This act would repeal the law on the control of vicious dogs. In addition, it would amend

the definition of vicious dog.

     This act would take effect upon passage.

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