Chapter 125

2005 -- S 0384 SUBSTITUTE A

Enacted 07/01/05

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

Introduced By: Senators Perry, Goodwin, Gallo, Sosnowski, and Ciccone

Date Introduced: February 10, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-19-12, 4-19-17 and 4-19-18 of the General Laws in Chapter 4-19

entitled "Animal Care" are hereby amended to read as follows:

4-19-12. Disposition of animals. -- (a) The governing body of the political subdivision

regulating the operation of a pound shall determine the method of disposition of animals released

by that pound. The board of directors of an incorporated humane society shall determine the

method of disposition of animals released by its animal shelter.

(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, 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 sections 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.

4-19-17. Forfeited deposits. -- Deposits required by section 4-19-16 and section 4-19-12

which are unclaimed after sixty (60) days from the date of adoption or sixty (60) days from when

the dog or cat reaches sexual maturity, whichever is later, will be forfeited by the adopting party

and retained by the licensed releasing agency and shall be used for the following purposes:

(1) ~~A public education program to prevent overpopulation in dogs and cats;~~

(2) ~~A program to~~ To spay and neuter dogs and cats that are available for adoption by the

licensed releasing agency; and

(3) A follow-up program to create tracking procedures to assure that dogs and cats

adopted from the licensed releasing agency are spayed or neutered; and

(4) ~~To defray additional costs incurred by the licensed releasing agency in complying~~

~~with section 4-19-16.~~

4-19-18. Penalties for violations. -- (a) Violations of the provisions of section 4-19-16 or

the written agreement executed pursuant to section 4-19-16 by an adopting party are punishable

by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the

second offense and four hundred dollars ($400) for the third and subsequent offenses. Each and

every incidence of non-compliance by an adopting party which continues unremedied for thirty

(30) days after written notice of a violation under this section constitutes a subsequent offense

and the attendant penalties will apply. Second and subsequent offenses may constitute grounds

for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a

police officer for the city or town in which the adopting party resides, and the seized animal will

be returned to the licensed releasing agency from which it was adopted, which licensed releasing

agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all

ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog

or cat, and shall have no claim against the licensed releasing agency or any other person for any

expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of

sections 4-19-16 -- 4-19-18 will be enforced against an adopting party by a dog officer or a police

officer for the city or town in which the adopting party resides.

(b) Violations of section 4-19-16 or 4-19-17 by a licensed releasing agency are

punishable by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars

($250) for the second offense and five hundred dollars ($500) for the third and subsequent

offenses. The third and subsequent offenses may result in the temporary or permanent revocation

of the licensed releasing agency's license to operate. Compliance by the releasing agency with

sections 4-19-16 -- 4-19-18 will be monitored as to the licensed releasing agencies by the state

veterinarian.

the municipality where the adopting party of the dog or cat resides. These fines shall be used by

the municipality only for ~~enforcing animal control laws or ordinances or for programs to reduce~~

~~the population of unwanted stray dogs and cats in the municipality, including humane education~~

~~programs or~~ programs for the spaying or neutering of dogs or cats. All fines collected under

subsection (b) will be remitted to the general treasurer and placed in a separate fund within the

general fund to be called the "Animal Health Fund" which shall be administered by the general

treasurer in the same manner as the general fund. All funds deposited in the "Animal Health

Fund" shall be made available to the department of environmental management division of

agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement

of sections 4-19-16, 4-19-17 and 4-19-18.

SECTION 2. This act shall take effect upon passage.

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LC01826/SUB A

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