Chapter 358
2012 -- S 2035 SUBSTITUTE A
Enacted 06/20/12
A N A C T
RELATING TO
ANIMALS AND ANIMAL HUSBANDRY - DOGS
Introduced By: Senators Tassoni, Lynch, Perry, and Pinga
Date Introduced: January 11, 2012
It is enacted by the General
Assembly as follows:
SECTION 1. Section 4-13-1.2 of the General Laws in Chapter
4-13 entitled "Dogs" is
hereby amended to read as follows:
4-13-1.2.
Definitions. -- (1) "Board" means the rabies control board.
(2)
"Department" means the department of environmental management or its
successor.
(3)
"Director" means the director of the department of environmental
management (or its
successor) or his or her designee.
(4)
"Division" means the division of agriculture.
(5)
"Livestock" means domesticated animals which are commonly held in
moderate
contact with humans which include, but are not limited to,
cattle, bison, equines, sheep, goats,
llamas, and swine.
(6) "Owner or
keeper" means any person or agency keeping, harboring or having charge
or control of or responsibility for control of an animal
or any person or agency which permits any
dog, cat, ferret, or domestic animal to habitually be fed
within that person's yard or premises. This
term shall not apply to veterinary facilities, any
licensed boarding kennel, municipal pound, pet
shop, or animal shelter.
(7) "Person"
means an individual, firm, joint stock company,
partnership, association,
private or municipal corporation, trust, estate, state, commission,
political subdivision, any
interstate body, the federal government or any agency or
subdivision of the federal government,
other government entity, or other legal entity.
(8) "Pets"
means domesticated animals kept in close contact with humans, which
include, but may not be limited to dogs, cats, ferrets,
equines, llamas, goats, sheep, and swine.
(9)
"Quarantine" means the removal, isolation, the close confinement or
related measures
of an animal under conditions and for time periods that
are set by regulation of the board.
(10)
"Guardian" shall mean means a person(s) having the same
rights and
responsibilities of an owner, keeper and both terms shall as
an owner or keeper, and the terms
may 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.
(11)
"Tether" means the practice of fastening a dog to a stationary object
or stake by a
chain, rope or other tethering device as a means of keeping
the dog under control. A dog being
walked on a leash is not tethered.
SECTION 2. Chapter 4-13 of the General Laws entitled
"Dogs" is hereby amended by
adding thereto the
following section:
4-13-42.
Care of dogs. -- (a) It
shall be a violation of this section for an owner or keeper
to:
(1) Keep any dog on a
permanent tether that restricts movement of the tethered dog to an
area less than one hundred thirteen square feet (113 sq.
ft.), or less than a six foot (6’) radius at
ground level.
(2) Tether a dog with
a choke-type collar or prong-type collar.
(3) Keep any dog
tethered for more than ten (10) hours during a twenty-four (24) hour
period or keep any dog confined in a pen, cage or other
shelter for more than fourteen (14) hours
during any twenty-four (24) hour period.
(b) It shall be a
violation of this section for an owner or keeper to fail to provide a dog
with adequate feed, adequate water, or adequate veterinary
care as those terms are defined in
section 4-19-2; provided however, that adequate veterinary
care may be provided by an owner
using acceptable animal husbandry practices.
(c) Any person in
violation of this section shall be given a warning for a first violation.
Second and subsequent violations of this subsection
can be considered a violation of section 4-1-
2. Each day of violation shall constitute a separate
offense.
(d) The provisions of
this section shall not apply:
(1) If the tethering
or confinement is authorized for medical reasons in writing by a
veterinarian licensed in
provided;
(2) If tethering or confinement
is authorized in writing by an animal control officer;
(3) To a training
facility, grooming facility, commercial boarding kennel, pet shop
licensed in accordance with chapter 4-19, animal shelter,
municipal pound or veterinary facility;
(4) To licensed
hunters, field trial participants or any person raising or training a gun dog
or hunting dog, provided that the licensed hunter or
field trial hunt test participant is actively
engaged in hunting, training or field trial hunt testing or
is transporting the dog to or from an
event;
(5) To livestock
farmers who use their dogs to protect their livestock from predators;
(6) To an exhibitor
holding a class C license under the Animal Welfare Act, (7 U.S.C.
2133) that are temporarily in the state; or
(7) To sled dog
owners who are actively training their dogs to pull sleds in winter
conditions.
(e) Any person in
violation of this section shall be imprisoned not exceeding eleven (11)
months, or fined not less than fifty dollars ($50.00) nor
exceeding five hundred dollars ($500), or
both. Each day of violation shall constitute a separate
offense.
(f) General agents or
special agents of the
Cruelty to Animals (RISPCA) are hereby authorized to
enforce the provisions of this chapter in
cooperation with animal control officers.
SECTION 3. Section 4-19-2 of the General Laws in Chapter
4-19 entitled "Animal Care"
is hereby amended to read as follows:
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 supply of clean, fresh, potable water
provided in a sanitary manner or provided at suitable
intervals for the species 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.
(3)(4)
"Adopt" means when an adopting party voluntarily acquires and assumes
responsibility for a dog or a cat from a releasing agency.
(4)(5)
"Adopting party" means any person who enters into a contract
acquiring a dog or
cat from a releasing agency.
(5)(6)
"Ambient temperature" means the temperature surrounding the animal.
(6)(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.
(7)(8)
"Animal shelter" means a 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.
(8)(9)
"Breeder" means a person engaged in the propagation of purebred 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.
(9)(10)
"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 for the purpose of selling or donating to
another dealer or pet shop, or research
facility.
(10)(11)
"Director" means the director of environmental management of the
state of
(11)(12)
"Dog 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.
(12)(13)
"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.
(13)(14)
"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.
(14)(15)
"Housing facility" means any room, building, or area used to contain
a primary
enclosure or enclosures.
(15)(16)
"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.
(16)(17)
"Licensed releasing agency" means any animal shelter, animal rescue
league,
pound, dog pound, animal control facility, animal control
officer, humane society, or society for
the prevention of cruelty to animals which is required to
be licensed with the director and is so
licensed.
(17)(18)
"Neuter" means to surgically render a male dog or cat unable to
reproduce.
(18)(19)
"Person" means any individual, partnership, firm, joint stock company,
corporation, association, trust, estate, or other legal entity.
(19)(20)
"Pet shop" means a temporary or permanent establishment where animals
are
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.
(20)(21)
"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.
(21)(22)
"Primary 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.
(22)(23)
"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.
(23)(24)
"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.
(24)(25)
"Sanitize" means to make physically clean and to remove and destroy
to a
practical minimum, agents injurious to health.
(25)(26)
"Sexual maturity" means when a dog or cat reaches six (6) months. In
all
instances the licensed releasing agency will determine the age
of the dog or cat.
(26)(27)
"Spay" means to surgically render a female dog or cat unable to
reproduce.
(27)(28)
"State veterinarian" means a licensed veterinarian from the
department of
environmental management.
(28)(29)
"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.
SECTION 4. This act shall take effect upon passage.
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LC00065/SUB A/3
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