2016 -- S 2801

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LC005154

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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

     Introduced By: Senator Stephen R. Archambault

     Date Introduced: March 23, 2016

     Referred To: Senate Environment & Agriculture

     (Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-19-1, 4-19-2, 4-19-4, 4-19-8, 4-19-9, 4-19-10, 4-19-11, 4-19-

11.2, 4-19-11.3 and 4-19-12 of the General Laws in Chapter 4-19 entitled "Animal Care" are

hereby amended to read as follows:

     4-19-1. Purpose. -- The purpose of this chapter is:

      (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

      (2) To insure that all warm-blooded vertebrate animals, as items of commerce in the care

of facilities licensed or registered under this chapter are provided humane care and treatment by

regulating the transportation, sale, purchase, housing, care, handling and treatment of these

animals by persons or organizations engaged in transporting, buying, or selling them for

commercial use handling, housing, and care of these animals;

      (3) To insure that animals confined in pet shops, kennels, animal shelters, auction

markets, and pounds are provided humane care and treatment;

      (4) To release for sale, trade or adoption only those animals which appear to be free of

infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

assured; and

      (5) To ensure the spaying and neutering of dogs and cats which are adopted from a

releasing agency.

     4-19-2. Definitions. -- As used in this chapter, chapter 13 of this title, and the regulations

promulgated under this chapter:

      (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

      (2) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner or and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

      (3) "Adequate veterinary care" means care by a licensed veterinarian sufficient to

prevent the animal from experiencing unnecessary or unjustified physical pain or suffering.

      (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for a dog or a cat an animal from a releasing agency that is properly licensed or

registered by the department.

      (5) "Adopting party" means any person who enters into a contract acquiring a dog or a

cat an animal from a releasing agency that is properly licensed or registered by the department.

      (6) "Ambient temperature" means the temperature surrounding the animal.

      (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate amphibian, fish or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick and mortar

facility, which is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

      (8)(9) "Animal shelter" means a brick and mortar facility which is used to house or

contain animals and which is owned, operated, or maintained by a duly incorporated humane

society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

      (9)(10) "Breeder" means a person engaged in the propagation of purebred or crossbred

dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered

by the American kennel club, American field stud book, or a registered cat breed association, or

for sale at wholesale or retail unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilities

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

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      (10)(12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate animals to another dealer, pet shop, or research facility, or who breeds dogs

and/or cats animals for the purpose of selling or donating to another dealer or pet shop, or

research facility.

      (11)(13) "Director" means the director of environmental management of the state of

Rhode Island.

      (12)(14) "Dog officer" or "animal control officer" means any person employed,

contracted or appointed by the state or any political subdivision of the state for the purpose of

aiding in the enforcement of this chapter or any other law, or ordinance relating to the licensing of

dogs, cats or other animals, the control of dogs, cats or other animals, or the seizure and

impoundment of dogs, cats or other animals and includes any state or municipal peace officer,

animal control officer, sheriff, constable or other employee whose duties in whole or in part

include assignments which involve the seizure or taking into custody of any dog, cat or other

animal.

      (13)(15) "Euthanasia" means the humane destruction of an animal accomplished by a

method that involves instantaneous unconsciousness and immediate death or by a method that

involves anesthesia, produced by an agent which causes painless loss of consciousness, and death

during that loss of consciousness.

      (14)(16) "Hobby breeder" means those persons whose regular occupation is not the

breeding and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder

shall not exceed the limits set forth in §4-25-1(4). Any person who sells at retail a number in

excess of the limits in the aforementioned section shall be considered a pet shop.

      (15)(17) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

      (16)(18) "Kennel" means a place or establishment other than a pound or animal shelter

where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.

      (17)(19) "Licensed releasing agency" means any animal shelter, animal rescue league,

pound, dog pound, animal control facility, animal control officer, humane society, or broker

society for the prevention of cruelty to animals which is required to be licensed or registered with

the director pursuant to the provisions of this chapter and is so licensed or registered.

      (18)(20) "Neuter" means to surgically render a male dog or cat unable to reproduce.

      (19)(21) "Person" means any individual, partnership, firm, joint stock company,

corporation, association, trust, estate, or other legal entity.

      (20)(22) "Pet shop" means a temporary or permanent establishment where animals are

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bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in §4-25-1(4).

      (21)(23) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

      (22)(24) "Primary enclosure" or "enclosure" means any structure used to immediately

restrict an animal or animals to a limited amount of space, as a room, pen, cage, compartment, or

hutch the most proximal barrier to an animal that will have the intended purpose or effect of

containment of that animal or that will effectively restrict the liberty of the animal.

      (23)(25) "Public auction" means any place or location where dogs or cats are sold at

auction to the highest bidder regardless of whether those dogs or cats are offered as individuals,

as a group, or by weight.

      (24)(26) "Research facility" means any place, laboratory or institution at which scientific

tests, investigations or experiments, involving the use of living animals are carried out,

conducted, or attempted.

      (25)(27) "Sanitize" means to make physically clean and to remove and destroy to a

practical minimum, agents injurious to health.

      (26)(28) "Sexual maturity" means when a dog or cat reaches six (6) months. In all

instances the licensed releasing agency or a licensed veterinarian will determine the age of the

dog or cat.

      (27)(29) "Spay" means to surgically render a female dog or cat unable to reproduce.

      (28)(30) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

      (29)(31) "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.

     4-19-4. Registration of animal shelters Registration of animal shelters, rescues, and

brokers. -- No person shall operate an animal shelter, rescue, or broker unless a certificate of

registration for that animal shelter, rescue, or broker has been granted by the director. Application

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for that certificate shall be made in the manner provided by the director. No fee is required for the

application or certificate. Certificates of registration are valid for a period of one year or until

revoked and may be renewed annually on the first day of January for like periods upon

application in the manner provided.

     4-19-8. Denial of certificates of registration or licenses. -- (a) A certificate of

registration may be denied to any pound or animal shelter, rescue, broker, and a license may be

denied to any public auction, kennel, pet shop or dealer or, if granted, the certificate or license

may be revoked by the director if, after a hearing, it is determined that the housing facilities

and/or primary enclosures are inadequate for the purposes of this chapter or if the feeding,

watering, sanitizing and housing practices at the pound, animal shelter, public auction, pet shop or

kennel are not consistent with the intent of this chapter or with the intent of the rules and

regulations which may be promulgated pursuant to the authority of this chapter.

     (b) Upon revocation of a certificate of registration, all animals in the possession of the

pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

for disposition.

     (c) Upon the revocation of a license, all animals in the possession of the public auction,

kennel, pet shop or dealer must be disposed of by the former licensee in a manner approved by

the department. Such disposition must not be for profit and must occur in a timeframe that is

determined by the department. Inspectors from the department or from the Rhode Island Society

for the Prevention of Cruelty to Animals must have access to the facility where the animals being

housed by the former licensee are being held until disposition so that the welfare of said animals

can be assured.

     4-19-9. Operation of pet shop, kennel or public auction without a license. -- Any

person who operates a pet shop, kennel or public auction without a currently valid license shall

upon conviction, plea of guilty, or plea of nolo contendere, shall be punished pursuant to §4-19-

11.3. for the first offense be punished by a fine not to exceed fifty dollars ($50.00), for the second

and subsequent offense by a fine not to exceed one hundred dollars ($100). Each day of operation

shall constitute a separate offense. Advertisement of services consistent with the operation of a

pet shop, kennel, or public auction shall be sufficient evidence of operation of a pet shop, kennel,

or public auction as applicable.

     4-19-10. Dealing in animals without a license. -- Any person dealing in animals, as

defined in this chapter, without a currently valid license shall upon conviction, plea of guilty, or

plea of nolo contendere, shall be punished pursuant to §4-19-11.3. for the first offense be

punished by a fine not to exceed one hundred dollars ($100), for the second offense by a fine not

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to exceed five hundred dollars ($500), or imprisonment of not more than one year, or both. Each

day of operation shall constitute a separate offense.

     4-19-11. Mistreatment of animals. -- Failure of any person, firm, or corporation

licensed or registered, under the provisions of this chapter, to adequately house, feed and water

animals in his or her possession or custody, as delineated in any rules and regulations

promulgated under the authority of this chapter, shall constitute a misdemeanor, and upon

conviction the person, firm, or corporation shall be subject to a fine of not more than one hundred

dollars ($100) per animal. ; and forfeiture of the animal(s); and revocation of license and/or

certificate after a public hearing. Any animals that are suspected of being mistreated may be

seized by the state veterinarian to ensure adequate welfare pursuant to §4-1-31(f) with the cost of

care for the aforementioned animals to be determined in the manner prescribed by that section.

Those animals shall be subject to seizure and impoundment and upon conviction of the person

may be sold or euthanized at the discretion of the director and that failure shall also constitute

grounds for revocation of license or registration after a public hearing.

     4-19-11.2. Destruction of animals and cats -- Reporting. -- All cities and towns

licensed releasing agencies are required to notify the department of environmental management

monthly of the number of animals and cats destroyed while those animals are in their care and

custody.

     4-19-11.3. Penalty for violations. -- Any person, firm or corporation who violates any

provision of this chapter unless the penalty is otherwise stated in a specific subsection is subject

upon conviction, plea of guilty, or plea of nolo contendere to a fine of five hundred dollars ($500)

for the first offense and not to exceed one thousand dollars ($1000) for the second and subsequent

offense and loss of specimen(s) animal(s) and revocation of license and/or certificate after a

public hearing.

     4-19-12. Disposition of animals. -- (a) Notwithstanding any provision of the general or

public laws to the contrary, it shall be unlawful to dispose of any animal by using a carbon

monoxide chamber or gas chamber. All animals, which must be disposed of by a municipal

pound or shelter, the humane society, an animal shelter, rescue, pet shop, kennel, or any other

private pound or animal shelter, however, described, entity that is required to be licensed or

registered under this chapter must be disposed of by lethal injection. In the event of an

emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion

of the animal control officer, animal control administrator, approved humane investigator, or

animal shelter employee, or agent of any other entity so required to be licensed under the

provisions of this chapter, the animal is so severely injured, diseased, or suffering in such a

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manner the animal cannot otherwise be humanely destroyed in an expeditious manner, the animal

may be destroyed by shooting; provided, that:

      (1) Maximum precaution is taken to minimize the animal's suffering and to protect other

persons and animals;

      (2) The animal is restrained in a humane manner;

      (3) Shooting is performed by highly skilled and trained personnel utilizing a weapon,

ammunition of suitable caliber, and other characteristics, and proper placement of the shot to

produce an instantaneous death by a single gunshot.

      If any type of restraint or confinement is deemed necessary for the safety of those

involved or for efficiency in euthanizing the animal, it must be done in the most humane way

possible to cause the least amount of additional stress to that animal.

      (b) (1) No dog officer shall give or sell or negotiate for the gift or sale to a dealer or

research facility of any animal which may come into his or her custody in the course of carrying

out his or her official assignments.

      (2) No dog officer shall be granted a dealer's license. Each application for a dealer's

license shall include a statement made under oath, that neither the applicant or any member or

employee of the firm, partnership, or corporation making application is a dog officer within the

meaning of this chapter.

      (3) A dog officer, or incorporated humane society other licensed releasing agency, upon

taking custody of any animal in the course of their official duties, shall immediately make a

record of the matter in the manner prescribed by the director and the record shall include a

description of the animal including color, breed, sex, reason for seizure, location of seizure, the

owner's name and address if known and all license or other identification numbers if any.

Complete information relating to the disposition of the animal, including compliance with the

provisions of §§ 4-19-16 and 4-19-18 and any legal actions taken to uphold and enforce this law,

shall be added in the manner provided by the director immediately after disposition. The

information shall be forwarded monthly to the department of environmental management.

      (c) This section shall not apply to any research laboratories or facilities of any hospital,

college, or university within the state.

     SECTION 2. This act shall take effect upon passage.

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LC005154

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

***

     This act would raise the level of care required for animals being offered for sale and in

facilities holding stray animals. It would increase penalties for those who mistreat animals in such

facilities.

     This act would take effect upon passage.

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LC005154

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