2006 -- S 2014 SUBSTITUTE A AS AMENDED

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LC00034/SUB A/4

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- PERMIT PROGRAM FOR

CATS

     Introduced By: Senators Tassoni, Doyle, and McBurney

     Date Introduced: January 10, 2006

     Referred To: Senate Constitutional & Gaming Issues

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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HUSBANDRY" is hereby amended by adding thereto the following chapter:

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     CHAPTER 24

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PERMIT PROGRAM FOR CATS

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     4-24-1. Short title. – This chapter shall be known and may be cited as the "Rhode Island

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Permit Program for Cats."

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     4-24-2. Legislative findings. – The general assembly hereby finds and declares that:

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     (1) An unacceptable number of healthy, but abandoned cats are euthanized annually in

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Rhode Island.

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     (2) Due to the large number of stray and abandoned cats, euthanasia is not a cost

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effective, acceptable or ethical solution to the threats to public health and safety posed by large

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populations of stray, feral or homeless cats.

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     (3) Stray and abandoned pets, specifically cats, create numerous public health and safety

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problems, including transmission of disease and traffic hazards created by cats running loose on

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public streets.

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     (4) A permit system for breeding of cats owned or harbored in the state, combined with a

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program for spaying/neutering, is a reasonable and effective means of reducing the population of

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abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats, except

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those for whom euthanasia is an escape from suffering or necessary to protect people and/or other

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animals from vicious behavior.

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     The general assembly therefor finds and declares that it intends to provide for the public

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health, safety and welfare through a program requiring spaying and neutering cats unless

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appropriate permits are acquired. The provisions of this chapter shall be in addition to the cat

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registration or identifying program requirements set forth in this title.

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     4-24-3. Spaying and neutering. – (a) No person, as defined by section 4-19-2, shall own

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or harbor, within the state, any cat over the age of six (6) months which has not been spayed or

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neutered, unless such person has adopted a cat from a licensed releasing agency as defined by

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section 4-19-2 and is subject to the spaying and neutering requirements of section 4-19-2 or holds

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either a license to keep an unaltered cat, or a license and permit for breeding cats issued by the

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animal control officer for the city or town in which they live, or unless the caretaker states that,

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due to age, health or illness it would be inappropriate to spay or neuter the cat and having in their

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possession a letter from a licensed veterinarian stating such, which shall be provided to the animal

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control officer.

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     (b) An "intact" permit shall be issued for an unaltered cat if the owner signs a written

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statement that such animal will not be allowed to breed unless the owner has first obtained a

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breeding permit. An "intact" permit may be issued by the animal control officer to an individual

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who refuses to spay or neuter their cat. The fee for such a permit shall be one hundred dollars

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($100) per year. All funds from "intact" permits shall be deposited in the city or town's

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spay/neuter account.

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     (c) Any person providing care or sustenance for an uninterrupted period of sixty (60)

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days or longer shall be deemed the owner of such animal and shall adhere to the provisions of this

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chapter. Provided, further, that cities and towns may, by ordinance, require a permit of persons

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who provide care or sustenance for colony(s) of feral cats.

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     4-24-4. Breeding permits. – (a) No person shall cause or allow any cat owned or

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harbored in the city or town in which they live to breed without first obtaining a breeding permit

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under this section.

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     (b) Each city or town animal control officer shall administer a permit program to allow

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the breeding of cats consistent with criteria and according to procedures contained in the city or

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town ordinances; provided, however, that where city's or town's have ordinances, specifically

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prohibiting the breeding of cats it shall be the city's or town's ordinances that shall govern with

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respect to that subsection or provision only.

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     (c) Each applicant who is issued a permit to breed cats under this section shall pay an

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annual breeding permit fee of one hundred dollars ($100) per cat.

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     (d) No person shall cause or allow the breeding of a male or female cat without first

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obtaining a breeding permit issued by the animal control officer. Breeding permits shall be valid

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for twelve (12) months, renewable on an annual basis for a fee of one hundred dollars ($100) per

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cat. Herein, all breeding permits shall contain the following terms and conditions and be subject

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to all of the following requirements:

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     (1) No offspring may be sold or adopted and permanently placed until reaching an age of

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at least eight (8) weeks;

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     (2) No offspring may be sold or adopted until immunized against common diseases as

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determined by the director of environmental management in accordance with chapter 4-4 of the

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general laws to be contagious or injurious to public health or to the health of other animals;

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     (3) Any permit holder advertising to the public the availability of any animal for adoption

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or sale must prominently display the permit number in any publications in which they advertise.

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The permit number must be provided to any person adopting or purchasing any animal bred by

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the permit holder; and

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     (4) The breeding permit holder shall adhere to minimum standards regarding the care and

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keeping of animals pursuant to chapter 4-19.

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     4-24-5. Sale or adoption of cats. – (a) Any person or licensed business who provides or

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offers to the public, whether or not for compensation, any pet or pet related goods, where they are

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the primary products, or pet services shall provide to their clients, at no charge, information

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relating to pet care and ownership, including information on city and town laws pertaining to

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animal control.

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     (b) Any person offering cats for sale or adoption shall disclose to any purchaser or

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adoptive owner, information regarding the licensing or permit requirements of the city or town in

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which they reside applicable to the animal.

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     4-24-6. Revocation of permit. – (a) Any permit issued may be revoked if the animal

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control officer has reasonable cause to believe any of the following to be true:

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     (1) The permittee has violated the provisions of chapter 4-19 or any other state or local

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ordinances relating to the keeping, care or use of any animal;

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     (2) The permittee is in violation of any state health or safety law or regulation regarding

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animal care or control;

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     (3) The permittee has failed to comply with any condition or requirement of the permit or

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has failed to pay any fee imposed under this section;

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     (4) The permittee refuses to allow inspection, upon forty-eight (48) hours of written

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notice, of any cat covered by the permit or the premises on which the animal is kept; or

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     (5) The permittee has transferred, sold or otherwise disposed of the cat for which the

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permit was issued.

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     (b) If, after investigation, the animal control officer concludes that it is probable that one

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or more of the above grounds for revocation has occurred, he or she shall cause written notice

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thereof to be transmitted by mail to the address of the permittee. The notice shall specify the

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grounds of possible revocation of the permit, and shall specify a date and time for an informal

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hearing to be held before the animal control officer. The date shall be not less than five (5) days

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subsequent to the date the notice is mailed. After the informal hearing, the animal control officer

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may modify the terms of the permit or revoke the permit. Provided, further, that if the health or

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well-being of the animal is in danger the animal control officer of that city or town may take

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custody and control of the animal until such time that a hearing is conducted pursuant to

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subsection 4-24-6(b).

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     4-24-7. Farmland exemption. – Farmland defined as any tract or tracts of land,

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including woodland and wasteland constituting a farm unit which is actively devoted to

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agricultural or horticultural use including, but not limited to: forages and sod crops; grains and

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feed crops; fruits and vegetables; poultry, dairy, and other livestock and their products; nursery,

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floral and greenhouse products; and any other food or fiber products useful to people; shall be

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exempt from the provisions of this chapter.

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     4-24-8. Abandonment of cats. – If any cat is abandoned by their owner or any person

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having charge or custody of that cat, that person shall, for each offense be punished in the manner

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provided in section 4-1-2.

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     4-24-9. Canine surcharge. – (a) Each city and town is required to collect a one dollar

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($1.00) surcharge on each dog license issued by the municipality. The revenue generated by this

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surcharge shall be deposited in the respective city's and town's spay/neuter account to fund low-

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cost spay/neuter programs.

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     (b) Any remaining revenue collected pursuant to this act which is unused during any

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calendar year shall remain in said city or towns spay/neuter account for use during the following

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year.

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     4-24-10. Penalty for violation. – Any person who violates the permit provisions of this

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chapter shall have no more than thirty (30) days to have their cat spayed or neutered or provide

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proof from a licensed veterinarian indicating that arrangements have been made to spay or neuter

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their cat(s). The animal control officer shall inform persons subject to this law to the availability

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of reduced cost or free spay/neuter programs available for low income persons and any programs

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sponsored by local humane organizations offering low cost spaying or neutering. If an animal is

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not spayed or neutered within thirty (30) days of the notice, he or she shall be subject to a

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seventy-five dollar ($75.00) fine for each thirty (30) days the animal is not spayed or neutered.

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Funds generated pursuant to this section shall be deposited in the spay/neuter account of the city

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or town where the violation occurred to be used to fund low-cost spay/neuter programs in

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accordance with section 4-24-13.

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     4-24-11. Responsibility for enforcement. – The local animal control officer shall be

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responsible for the enforcement and administration of this chapter.

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     4-24-12. Time for compliance. – Persons harboring a cat subject to this chapter on the

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effective date thereof shall be given one hundred twenty (120) days from the date to comply with

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the provisions thereof.

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     4-24-13. Low-cost spay/neuter accounts. – (a) All revenue generated pursuant to

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sections 4-24-9 and 4-24-10 shall be deposited in the respective city and towns spay/neuter

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accounts. Said funds shall be divided equally with fifty percent (50%) of which to be reserved for

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the exclusive use of funding a low-cost spay/neuter program for the animals of persons who

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qualify for one of the following public assistance programs or any other public assistance

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program as determined by the city or towns animal control officer:

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     (1) Any program which qualifies as public assistance pursuant to chapter 40-6;

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     (2) The food stamp program authorized by Title XIII of the federal Food and Agriculture

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Act of 1977, 7 USC 2011 et seq.;

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     (3) The supplemental security income program authorized by Title XVI of the federal

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Social Security Act, 42-USC 1381 et seq.;

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     (4) The federal Temporary Assistance for Needy Families Act authorized by 42 USC 601

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et seq.; or

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     (5) The Medicaid program authorized by Title IX of the federal Social Security Act, 42

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USC 1381.

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     Persons who are eligible for any of the aforementioned programs must provide proof that

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he or she is an eligible person to the animal control officer of that city or town to qualify for the

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low-cost spay/neuter provisions of this section.

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     (b) All remaining funds shall be deposited in the respective city or towns spay/neuter

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account to fund the spaying and neutering of animals currently residing in the city or towns pound

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and to fund low-cost spay/neuter programs.

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     SECTION 2. This act shall take effect upon passage.

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LC00034/SUB A/4

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- PERMIT PROGRAM FOR

CATS

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     This act would establish a permit program featuring a spay/neuter program to control the

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cat population in the state.

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     This act would take effect upon passage.

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LC00034/SUB A/

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