Chapter 035

2011 -- H 6019

Enacted 05/31/11

 

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS

          

     Introduced By: Representatives Jackson, and Ruggiero

     Date Introduced: March 31, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 4-13-1 and 4-13-4 of the General Laws in Chapter 4-13 entitled

"Dogs" are hereby amended to read as follows:

 

     4-13-1. Regulatory ordinances -- Enforcement and penalties. -- (a) City or town

councils may make any ordinances concerning dogs in their cities or towns as they deem

expedient, to be enforced by the destruction or disposition of the animal, or by pecuniary

penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen dollars

($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00) for the

third and any subsequent offense within a year to be recovered by action of debt, or by complaint

and warrant, to use as that city council or town council may prescribe.

      (b) (1) Barrington town council is authorized to enact an ordinance:

      (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for violation of any animal control ordinance which may be paid by mail and;

      (ii) To prescribe pecuniary penalties as follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent

offense within a calendar year.

      (2) (i) Bristol town council is authorized to enact an ordinance permitting the dog officer

in that town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail, and to prescribe pecuniary penalties as follows:

      (A) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

      (C) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

      (ii) The Bristol town council may by ordinance prescribe the number of licensed dogs

and their breeds which may be kept at any single-family residence other than a breeding kennel

licensed under section 4-13-10, and may enforce those ordinances by pecuniary penalties not

exceeding two hundred fifty dollars ($250).

      (3) Coventry town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail.

      (4) (i) Cumberland town council may prescribe pecuniary penalties as follows:

      (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

      (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

      (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

      (ii) The town council of the town of Cumberland is authorized to enact an ordinance

permitting the animal control officer or any police officer in that town to issue citations to the

owners of dogs for the violation of any dog ordinance which may be paid by mail.

      (iii) The town council of the town of Cumberland is authorized to enact an ordinance

establishing the expense of the impoundment of dogs as determined by the town council and

providing for the payment to the town of the impoundment expense by the dog owner prior to

removal of the dog from the pound.

      (5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary

penalties as follows:

      (i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar

year;

      (ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar

year;

      (iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each

subsequent offense within a calendar year.

      (6) Jamestown town council may prescribe pecuniary penalties as follows:

      (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

      (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

      (7) (i) Middletown may prescribe pecuniary penalties as follows for the violation of

animal control ordinances on any beach within the town of Middletown:

     (A) A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the

calendar year;

     (B) A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense

within a calendar year;

     (C) A fine not exceeding two hundred dollars ($200) for the third (3rd) and each

subsequent offense within a calendar year.

     (ii) Middletown may prescribe pecuniary penalties as follows for the violation of animal

control ordinances anywhere else within the town:

      (A) A fine not exceeding twenty dollars ($20.00) fifty dollars ($50.00) for the first

offense within a calendar year;

      (B) A fine not exceeding thirty dollars ($30.00) one hundred dollars ($100) for the

second offense within a calendar year;

      (C) A fine not exceeding fifty dollars ($50.00) one hundred fifty dollars ($150) for the

third and each subsequent offense within a calendar year.

      (ii)(iii) The Middletown town council is authorized to enact an ordinance permitting the

dog officer in that town to issue citations to the owners of dogs for the violation of any dog

ordinance which may be paid by mail.

      (8) Narragansett town council is authorized to enact an ordinance:

      (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

      (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

      (iii) Prescribing pecuniary penalties as follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more than seventy-five dollars ($75.00) for the third and each

subsequent offense within a calendar year.

      (9) Newport city council is authorized to enact an ordinance:

      (i) Permitting the animal control officer, and his or her agents, in that city to issue

citations to the owners of dogs for violation of any animal control ordinance which may be paid

by mail;

      (ii) To prescribe pecuniary penalties as follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

      (10) North Providence town council is authorized to enact an ordinance permitting the

animal control officer in that town to issue citations to the owners of dogs for the violation of any

dog ordinance which may be paid by mail.

      (11) (i) Portsmouth may prescribe pecuniary penalties as follows:

      (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

      (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

      (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

      (ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

      (iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed

dogs which may be kept at any single family residence other than a breeding kennel licensed

under section 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding

twenty-five dollars ($25.00).

      (12) Richmond town council may prescribe pecuniary penalties as follows:

      (i) A fine not exceeding ten dollars ($10.00) for the first offense within one year;

      (ii) A fine not exceeding twenty-five dollars ($25.00) for the second offense within one

year of the first offense;

      (iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within one year of the first offense.

      (13) (i) Scituate town council may prescribe pecuniary penalties as follows:

      (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

      (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

      (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

      (ii) Scituate town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail.

      (14) (i) Smithfield town council may prescribe pecuniary penalties as follows:

      (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

      (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

      (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

      (ii) The Smithfield town council is authorized to enact an ordinance permitting the

animal control warden in the town to issue citations which may be paid by mail to the owners of

dogs for the violation of any dog ordinance in that town.

      (15) Tiverton town council may prescribe pecuniary penalties as follows:

      (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense;

      (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

      (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

      (16) Warwick city council may prescribe pecuniary penalties as follows:

      (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

      (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

      (iii) A fine not exceeding two hundred dollars ($200) for the third and each subsequent

offense within a calendar year; and

      (iv) A fine not exceeding three hundred dollars ($300) for the fourth and each

subsequent offense within a calendar year.

      (17) Westerly town council is authorized to enact an ordinance:

      (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

      (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

      (iii) Prescribe pecuniary penalties as follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

      (18) West Greenwich town council is authorized to enact an ordinance:

      (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

      (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

      (iii) Prescribe pecuniary penalties as follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

      (19) The town council of the town of Exeter is authorized to enact any ordinance

prescribing fines and penalties, in addition to those otherwise allowed by law, as follows:

      (i) Providing a fine of up to twenty-five dollars ($25.00) for the first offense;

      (ii) Providing a fine of up to one hundred dollars ($100) for the second offense; and

      (iii) Providing a fine of up to two hundred dollars ($200) for the third and for any

subsequent offenses within a one year period. In addition, the town may require proof of owners

liability insurance for a twelve (12) month period insuring against injury and damages caused by

the dog. That insurance shall be in the amount of one hundred thousand dollars ($100,000) and

shall name the town as a named insured for the purposes of notice.

      (20) West Warwick town council may prescribe pecuniary penalties as follows:

      (i) A fine not exceeding fifteen dollars ($15.00) for the first offense;

      (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

      (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

      (21) Woonsocket city council is authorized to enact an ordinance:

      (i) Permitting the animal control office of the city to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail;

      (ii) Establishing the expense of the impoundment of dogs as determined by the city

council and providing for the payment to the city for the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

      (iii) Prescribing pecuniary penalties as follows:

      (A) A fine of not more than fifty dollars ($50.00) for the first offense within a calendar

year;

      (B) A fine of not more than one hundred dollars ($100) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred fifty dollars ($150) for the third and each

subsequent offense within a calendar year.

      (22) Pawtucket city council is authorized to prescribe pecuniary penalties directly related

to its ordinance banning the owning or keeping of pit bulls in the city as follows:

      (i) For a pit bull properly licensed according to the city ordinance;

      (A) A fine not exceeding two hundred fifty dollars ($250) for the first offense;

      (B) A fine not exceeding five hundred dollars ($500) on a second offense;

      (C) A fine not exceeding one thousand dollars ($1,000) on a third offense.

      (ii) For a pit bull that is not licensed pursuant to the exceptions in the city ordinance:

      (A) A fine not exceeding five hundred dollars ($500) on a first offense;

      (B) A fine not exceeding one thousand dollars ($1,000) on a second or subsequent

offense.

      (iii) Notwithstanding any other provision of this section, Pawtucket may through its

Municipal Court impose a sentence of imprisonment not exceeding thirty (30) days in addition to

the fines in subsection (ii)(A) or (B).

      (23) (i) The Lincoln town council is authorized to prescribe pecuniary penalties as

follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred twenty-five dollars ($125) for the third and

each subsequent offense within a calendar year.

      (ii) The Lincoln town council is authorized to enact an ordinance permitting the dog

officer and police officers in that town to issue citations to the owners of dogs for the violation of

any dog ordinance, which citation may be paid by mail.

      (24) (i) The East Providence city council is authorized to enact an ordinance permitting

the animal control officer or any police officer in that city to issue citations to persons in violation

of any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as

follows:

      (A) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar

year;

      (B) A fine of not more than sixty dollars ($60.00) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred twenty dollars ($120) for the third offense

within a calendar year; and

      (D) A fine of not more than three hundred dollars ($300) for the fourth offense and any

subsequent offense within a calendar year.

      (25) (i) The Warren town council is authorized to enact an ordinance permitting the

animal control officer in the town to issue citations to the owners of animals for violation of any

animal control ordinance which may be paid by mail, and to prescribe pecuniary penalties as

follows:

      (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

      (B) A fine of not more than fifty dollars ($50.00) for the second offense within a

calendar year;

      (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

      (26) (i) The Burrillville town council is authorized to enact an ordinance:

      (A) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

      (B) To prescribe penalties for violation of the provisions of revised general ordinances,

Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled "Animals"; and

      (C) Establishing an expense not to exceed ten dollars ($10.00) for the day during which

impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for

the payment to the town of the impoundment expense by the dog owner prior to removal of the

dog from the animal control facility.

 

     4-13-4. Dog licenses -- Fees -- Penalties. -- (a) (1) Every owner or keeper of a dog shall

annually in April obtain a license effective May 1 in the office of the city or town clerk of the city

or town in which the owner or keeper resides.

      (2) The fees for the license shall be five dollars ($5.00).

      (3) No city or town shall issue any license under this section unless the dog has been

inoculated against rabies for the period of time which the license would be valid.

      (4) All licenses issued under the provisions of this chapter shall be valid in every city or

town during the then current year.

      (5) Any person who becomes the owner or keeper of a dog shall obtain a license within

thirty (30) days after he or she becomes the owner or keeper.

      (6) (i) The Cumberland town clerk may issue a license renewable every two (2) years for

a licensing fee of six dollars ($6.00).

      (ii) Glocester town council may provide for an annual licensing fee of fourteen dollars

($14.00) for all dogs except spayed or neutered females and males and for an annual licensing fee

of seven dollars ($7.00) for spayed or neutered female and male dogs.

      (iii) Jamestown town council may provide by ordinance for an annual licensing fee not

to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars

($25.00) for unneutered dogs.

      (iv) Newport city council may, however, provide by ordinance for an annual licensing

fee of not more than ten dollars ($10.00) for all spayed and neutered dogs, and for an annual

licensing fee of not more than fifteen dollars ($15.00) for unspayed females and unneutered

males.

      (v) North Smithfield town council may provide by ordinance for an annual licensing fee

of five dollars ($5.00) for all dogs.

      (vi) (A) South Kingstown town council may provide for an annual licensing fee of

twelve dollars ($12.00) for all dogs except spayed or neutered females and male dogs and for an

annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.

      (B) The South Kingstown town council may assess an impound fee.

      (vii) (A) Westerly town council may provide by ordinance for an annual license fee of

ten dollars ($10.00) for unspayed female dogs and unneutered male dogs;

      (B) May provide for a fee of one dollar ($1.00) for the replacement of lost dog tags;

      (C) May provide that no fee be charged to license guide dogs used by persons with

disabilities;

      (D) May provide for the number of licenced dogs which may be kept at any single-

family residence, other than a breeding kennel; and

      (E) May provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for

violations.

      (viii) Woonsocket city council may provide by ordinance for an annual licensing fee of

five dollars ($5.00) for all dogs.

      (ix) (A) West Warwick town council may provide by ordinance for an annual license fee

of seven dollars ($7.00) for each neutered male or spayed female and fifteen dollars ($15.00) for

each unneutered male and unspayed female.

      (B) May provide by ordinance for a payment of a two dollars ($2.00) fee for duplicate or

for replacement tags.

      (x) (A) Pawtucket city council may provide by ordinance for an annual licensing fee not

to exceed fifteen dollars ($15.00) for spayed or neutered dogs, and not to exceed twenty-five

dollars ($25.00) for unspayed or unneutered dogs.

      (B) May provide by ordinance for an annual licensing fee for dogs owned by residents

age 65 or older not to exceed five dollars ($5.00) for spayed or neutered dogs, and not to exceed

ten dollars ($10.00) for unspayed or unneutered dogs.

      (xi) Scituate town council may provide by ordinance for an annual license fee not to

exceed twenty ($20.00) dollars for all dogs.

      (xii) Burrillville town council may:

      (A) Provide by ordinance for an annual licensing fee of not more than ten dollars

($10.00) for all dogs; and

      (B) Provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for

violations.

     (xiii) The Middletown town council may:

     (A) Provide by ordinance for an annual licensing fee not to exceed twenty-five dollars

($25.00) per dog.

      (b) Every person, owning or keeping a dog not licensed and/or collared according to the

provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the

city or town, and that fine shall be in addition to all other lawful fees.

      (c) Any city or town may waive the fee to be charged to license guide dogs used by

persons with disabilities.

      (d) In the city of Woonsocket, every person owning or keeping a dog not licensed and/or

collared according to the provisions of this chapter shall be fined fifty dollars ($50.00) for the

first offense, one hundred dollars ($100) for the second offense and one hundred fifty dollars

($150) for the third and subsequent offenses.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02302

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