2018 -- S 2055

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LC003344

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

     RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CARE OF DOGS

     

     Introduced By: Senators Lynch Prata, Sosnowski, Coyne, Goodwin, and McCaffrey

     Date Introduced: January 18, 2018

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-13-42 of the General Laws in Chapter 4-13 entitled "Dogs" is

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hereby amended to read as follows:

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     4-13-42. Care of dogs.

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     (a) It shall be a violation of this section for an owner or keeper to:

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     (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

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area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6') radius at

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ground level.

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     (2) Tether a dog with a choke-type collar or prong-type collar.

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     (3) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour

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period or keep any dog confined in a pen, cage, or other shelter for more than fourteen (14) hours

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during any twenty-four (24) hour period.

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     (4) Keep any dog outside either tethered, penned, caged, fenced, or otherwise confined

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without access to an outdoor housing facility when the ambient temperature is beyond the

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industry standard for the weather safety scale as set forth in the most recent adopted version of

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the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing signs

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of poor health due to the weather conditions.

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     (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog

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with adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-

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19-2; provided however, that adequate veterinary care may be provided by an owner using

 

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acceptable animal husbandry practices.

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     (c) Any person in violation of this section shall be given a warning for a first violation.

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Second and subsequent violations of this subsection can be considered a violation of § 4-1-2.

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Each day of violation shall constitute a separate offense.

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     (d) The provisions of this section shall not apply:

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     (1) If the tethering or confinement is authorized for medical reasons in writing by a

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veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is

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provided;

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     (2) If tethering or confinement is authorized in writing by an animal control officer;

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     (3) To a training facility, grooming facility, commercial boarding kennel, pet shop

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licensed in accordance with chapter 19 of this title, animal shelter, municipal pound, or veterinary

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facility;

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     (4) To licensed hunters, field trial participants, or any person raising or training a gun dog

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or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively

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engaged in hunting, training, or field trial hunt testing or is transporting the dog to or from an

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event;

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     (5) To livestock farmers who use their dogs to protect their livestock from predators;

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     (6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. §

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2133) that are temporarily in the state; or

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     (7) To sled dog owners who are actively training their dogs to pull sleds in winter

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conditions.

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     (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11)

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months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or

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both. Each day of violation shall constitute a separate offense.

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     (f) General agents or special agents of the Rhode Island Society for the Prevention of

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Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in

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cooperation with animal control officers.

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     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 - CARE OF DOGS

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     This act would repeal exception which allows hunting dogs to be kept outdoors in cold

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weather.

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     This act would take effect upon passage.

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