It is enacted by the General Assembly as follows:
SECTION 1. Section 4-11-12 of the General Laws in Chapter 4-11 entitled "Psittacine Birds" is hereby amended to read as follows:
{ADD 4-11-12. Penalty for violations. -- ADD} Any person, firm or corporation who violates any provision of this chapter shall be subject upon conviction to a fine not to exceed two hundred dollars ($200) {ADD per bird and/or loss of specimen ADD} .
SECTION 2. Sections 4-19-2, 4-19-3, 4-19-4, 4-19-5, 4-19-6, 4-19-9, and 4-19-11.2 of the General Laws in Chapter 4-19 entitled "Animal Care" are hereby amended to read as follows:
{ADD 4-19-2. Definitions. -- ADD} As used in this chapter and the regulations promulgated thereunder, the following terms shall be construed, respectively, to mean:
(a) "Pound" or "dog pound" means a facility operated by a state, or any political subdivision thereof, 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.
(b) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
(c) "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 non-profit organization devoted to the welfare, protection and humane treatment of animals.
(d) "Pet shop" means {DEL an DEL} {ADD a temporary or permanent ADD} 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.
(e) "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.
(f) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate {ADD , amphibian, fish or reptile ADD} but shall not include horses, cattle, sheep, goats, swine and domestic fowl.
(g) "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.
(h) "Director" means the director of environmental management of the state of Rhode Island.
(i) "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.
(j) "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.
(k) "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch.
(l) "Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.
(m) "Sanitize" means to make physically clean and to remove and destroy to a practical minimum, agents injurious to health.
(n) "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.
(o) "Ambient temperature" means the temperature surrounding the animal.
(p) "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.
(q) "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.
(r) "Dog officer" means any person employed, contracted or appointed by the state or any political subdivision thereof for the purpose of aiding in the enforcement of this chapter or any other law, or ordinance relating to the licensing of dogs, control of dogs, or seizure and impoundment of dogs 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.
(s) "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.
(t) "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.
(u) "Spay" means to surgically render a female dog or cat unable to reproduce.
(v) "Neuter" means to surgically render a male dog or cat unable to reproduce.
(w) "Releasing agency" means any animal shelter, animal rescue league, pound, dog pound, animal control facility, animal control officer, humane society, society for the prevention of cruelty to animals.
(x) "Adopting party" means any person who enters into a contract acquiring a dog or cat from a releasing agency.
(y) "Adopt" means when an adopting party voluntarily acquires and assumes responsibility for a dog or a cat from a releasing agency.
(z) "Sexual maturity" shall mean when a female dog or cat reaches six (6) months of age and when a male dog or cat reaches eight (8) months of age; in all instances the releasing agency will determine the age of the dog or cat.
(aa) "State veterinarian" shall mean a licensed veterinarian from the department of environmental management.
{ADD 4-19-3. Registration of municipal dog pounds. -- ADD} No municipality shall operate a dog pound {DEL for more than six (6) months DEL} unless a certificate of registration for that dog pound has been granted by the director. Application for that certificate shall be made in the manner provided by the director. No fee shall be required for the application or certificate. Certificates of registration shall be valid for a period of one (1) year or until revoked and may be renewed {ADD annually on the first day of January ADD} for like periods upon application in the manner provided.
{ADD 4-19-4. Registration of animal shelters. -- ADD} No person shall operate an animal shelter {DEL for more than six (6) months DEL} unless a certificate of registration for that animal shelter has been granted by the director. Application for that certificate shall be made in the manner provided by the director. No fee shall be required for the application or certificate. Certificates of registration shall be valid for a period of one (1) year or until revoked and may be renewed {ADD annually on the first day of January ADD} for like periods upon application in the manner provided.
{ADD 4-19-5. Pet shop licenses. -- ADD} No person shall operate a pet shop, as defined in this chapter {DEL , for more than six (6) months DEL} unless a license to operate that establishment shall have been granted by the director. Application for that license shall be made in the manner provided by the director. The license period shall be the fiscal year and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning with the first day of the fiscal year.
{ADD 4-19-6. Public auction and kennel licenses. -- ADD} No person shall operate a public auction or a kennel, as defined in this chapter, {DEL for more than six (6) months DEL} unless a license to operate that establishment shall have been granted by the director. Application for the license shall be made in the manner provided by the director. The license period shall be the fiscal year and the license fee shall be twenty-five dollars ($25.00) for each license period or part thereof beginning with the first day of the fiscal year.
This section shall not be interpreted to interfere in any manner with the issuing of such a license by any city or town, nor any fee charged by any city or town. No license shall be issued by the director except for those premises as shall be designated by the respective city or town council.
{ADD 4-19-9. Operation of a pet shop, kennel or public auction without a license. -- ADD} Any person who shall operate a pet shop, kennel or public auction without a currently valid license shall upon conviction for the first offense be punished by a fine not to exceed fifty dollars ($50.00), for the second {ADD and subsequent ADD} offense by a fine not to exceed one hundred dollars ($100).
{ADD 4-19-11.2. ADD} {DEL Destruction of dogs -- Reporting. -- DEL} {ADD Destruction of animals -- Reporting. -- ADD} All {DEL dog pounds licensed pursuant to this chapter DEL} {ADD cities and towns ADD} shall be required to notify the department of environmental management monthly of the number of {DEL dogs DEL} {ADD animals ADD} destroyed.
SECTION 3. Chapter 4-19 of the General Laws entitled "Animal Care" is hereby amended by adding thereto the following section:
{ADD 4-19-11.3. Penalty for violations. -- ADD} {ADD Any person, firm or corporation who violates any provision of this chapter unless otherwise stated shall be subject upon conviction to a fine of five hundred dollars ($500) for the first offense and not to exceed one thousand dollars ($1000) for the second and subsequent offense and loss of specimen(s) and revocation of license and or certificate after a public hearing. ADD}
SECTION 4. This act shall take effect upon passage.