Chapter 242 |
2019 -- S 0465 Enacted 07/15/2019 |
A N A C T |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- SEIZURE OF ANIMALS BEING CRUELLY TREATED |
Introduced By: Senator Erin Lynch Prata |
Date Introduced: February 27, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL |
HUSBANDRY" is hereby amended by adding thereto the following chapter: |
CHAPTER 1.2 |
SEIZURE OF ANIMALS BEING CRUELLY TREATED |
4-1.2-1. Seizure of animals being cruelly treated. |
(a) The RI state veterinarian, the general/special agent of the RI Society for the |
Prevention of Cruelty to Animals (RISPCA), or any duly sworn and authorized state or municipal |
law enforcement officer may lawfully take charge and possession of any animal found abandoned |
or neglected or hazardously accumulated as defined in § 4-1-1, or in the opinion of that |
veterinarian, agent, or officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for |
the labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary |
care and treatment required or take other appropriate action as determined by a licensed |
veterinarian. |
(b) Any person authorized to seize an animal pursuant to this section must leave written |
notice on the property where the animal was seized within twenty-four (24) hours of the seizure. |
This notice must be left in a location where it is reasonably likely to be found and must include |
the name, address, telephone number, and signature of the person seizing the animal; the reason |
for seizing the animal; and the location where the seized animal is being kept pending any order |
pursuant to § 4-1.2-3. If the address of the animal owner is known, notification through certified |
mail with return receipt requested shall also be provided. |
4-1.2-2. Notice of hearing. |
Any authorized person making a seizure may file with a district court which that has |
jurisdiction over such the matter a verified petition plainly stating such those facts as to bring |
such animal within the jurisdiction of the court and praying for appropriate action by the court in |
accordance with the provisions of this chapter. Upon the filing of such the petition, the court shall |
cause a summons to be issued requiring the owner(s) or person(s) having responsibility for the |
care of the animal, if known, to appear in court at the time and place named, which summons |
shall be served not less than fourteen (14) days before the date of the hearing. If the owner(s) or |
person(s) having responsibility for the care of the animal is not known, notice of the time and |
place of the hearing shall be given by publication in a newspaper having a circulation in the town |
in which such the officer took charge of such the animal not less than fourteen (14) days before |
the date of the hearing. Such The court shall further give notice to the petitioner of the time and |
place of the hearing not less than fourteen (14) days before the date of the hearing. |
4-1.2-3. Order for temporary care of seized animals. |
(a) If it appears from the allegations of the petition and other affirmations of fact |
accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find |
that the animal's condition or the circumstances surrounding its care require that its custody be |
immediately assumed to safeguard its welfare, the court shall either: |
(1) Issue an order to the owner(s) or person(s) having responsibility for the care of the |
animal to show cause at such time as the court may designate why the court shall not vest in some |
suitable state, municipal, or other public or private agency or person the animal's temporary care |
and custody pending a hearing on the petition; or |
(2) Issue an order vesting in some suitable state, municipal, or other public or private |
agency or person, the animal's temporary care and custody, pending a hearing on the petition, |
which hearing shall be held within ten (10) days from the issuance of such the order on the need |
for such temporary care and custody. The service of such the orders may be made by any officer |
authorized by law to serve process, state police officer, indifferent person, or by certified mail |
with return receipt requested if the individual lives out of state. |
4-1.2-4. Posting of bond. |
(a) If the court issues an order pursuant to § 4-1.2-3 vesting the animal's temporary care |
and custody in some suitable state, municipal, or other public or private agency or person, the |
owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with |
the agency or person in whom the animal's temporary care and custody was vested. The surety |
bond or cash bond shall be in in an amount sufficient to pay the reasonable expenses related to |
necessary veterinary care, shelter, feeding, and board which that is reasonably anticipated to be |
incurred by the agency or person having temporary care and custody of the animal during the |
litigation of the process referenced in § 4-1.2-1. |
(b) The surety bond or cash bond shall cover the expenses for a period as decided by the |
court with subsequent bonds being necessary upon the expiration of the preceding bond until the |
animal is transferred, returned, or otherwise treated pursuant to § 4-1.2-5. Failure to post the |
original or subsequent bonds will result in forfeiture of the seized animals, with disposition as |
provided for pursuant to § 4-1.2-5. |
4-1.2-5. Disposition of seized animals. |
(a) If, a seized animal is forfeited or surrendered pursuant to § 4-1.2-4, or after hearing, |
the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the |
animal in any state, municipal, or other public or private agency which that is permitted by law to |
care for neglected or cruelly treated animals or with any person found to be suitable or worthy of |
such the responsibility by the court. |
(b) If, after hearing, the court finds that the animal is so injured or diseased, the court may |
order the animal into the care of a licensed veterinarian to provide the animal with appropriate |
treatment. |
(c) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it |
may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care |
or, if such the owner(s) or person(s) is unknown or unwilling to resume caring for such the |
animal, it may transfer ownership of the animal in any state, municipal, or other public or private |
agency or person found to be suitable or worthy of such the responsibility. |
(d) If the court renders a final decision under subsection (a) or (b) of this section, the |
agency or person with whom the bond was posted shall return the balance, if any, of such the |
bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated |
by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the |
number of days less than thirty (30) that such the agency or person has not had temporary care |
and custody of the animal. |
(e) If the court makes a finding pursuant to subsection (c) of this section after the |
issuance of an order of temporary care and custody pursuant to § 4-1.2-3 and the owner(s) of the |
animal has posted a bond pursuant to § 4-1.2-4(b), the agency or person with whom the bond was |
posted shall return all such the bond(s) to such the owner(s). |
(f) Unless the court finds that there was no probable cause to institute a complaint that the |
animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in |
providing proper food, shelter, and care to an animal it has seized pursuant to this chapter and the |
expense incurred by any state, municipal, or other public or private agency or person in providing |
temporary care and custody to an animal pursuant to the provisions of this chapter shall be |
determined by calculating the average costs from three (3) providers of the necessary equivalent |
services related to the veterinary care, sheltering, feeding, and board in the state, which was |
provided to the animal. |
SECTION 2. This act shall take effect upon passage. |
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LC001797 |
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