2014 -- H 7671

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     Introduced By: Representatives Finn, Abney, Gallison, Martin, and Canario

     Date Introduced: February 27, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-13-15 of the General Laws in Chapter 4-13 entitled "Dogs" is

hereby amended to read as follows:

     4-13-15. Collaring of dogs -- Impoundment and disposition of uncollared dogs. -- (a)

Every owner or keeper of a dog shall cause the dog to wear a collar around its neck distinctly

marked with its owner's or keeper's name and with its registered number. Any person may cause

any dog not so collared to be impounded in the public pound of the town or city where the dog is

found; and if the dog is not claimed by its owner or keeper within a period of five (5) days after

the impoundment, the dog may be disposed of or destroyed. The five (5) days shall not include

any day or part of a day that the public pound is not open for a specified period of time, not to be

less than one-half (1/2) the normal hours of business, for the purpose of reclaiming any

impounded dog by its rightful owner. All periods of time shall be listed in a prominent location at

the entrance to all public pounds. Litters of puppies estimated to be less than six (6) months of

age, as determined by the emergence of adult canine teeth, shall have no required holding period

for placement. For this section a "litter" shall be considered two (2) or more animals of apparently

the same age and breed/mix. The owner or keeper of any dog so impounded shall not take the dog

out of the pound until he or she has first paid to the poundkeeper the expense of keeping the dog,

that expense not to exceed two dollars ($2.00) per day and to be determined by the city or town

council in which impoundment occurs. The town council of the town of Glocester may, by

ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5)

days during which this impoundment occurs plus five dollars ($5.00) every day the animal is

detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the

dog has a current rabies shot pursuant to section 4-13-31, and further, the dog shall not be

released from the pound until all the provisions of this chapter and the ordinances of the city or

town are complied with. The provisions of this section relating to the five (5) day waiting period

shall not be deemed to apply to any dog which, when impounded, was injured or maimed, and

after the dog has been examined by a licensed veterinarian who shall confirm, in writing, that the

dog be destroyed for humanitarian purposes.

      The town of West Warwick may provide by ordinance an impounding fee of five dollars

($5.00) per day and may provide by ordinance for a fee for the purposes of transferring ownership

or for the disposition of said animals according to law for each adult dog (six (6) months or older)

the sum of twenty dollars ($20.00) and for each puppy the sum of five dollars ($5.00) for each

adult cat (six (6) months or older) the sum of ten dollars ($10.00).

      (b) Any person violating the provisions of this section is subject to the penalty provisions

of section 4-1-2.

      (c) Notwithstanding the provisions of subsection (a) the town council of the town of

Exeter may impose an initial impoundment fee of up to fifteen dollars ($15.00) plus two dollars

($2.00) per day for each day of impoundment.

      (d) Notwithstanding the provisions of subsection (a), the city council of the city of East

Providence is authorized to enact an ordinance imposing an initial impoundment fee of up to

twenty dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment.

      (e) Notwithstanding the provisions of subsection (a), the town council of the town of

Richmond is authorized to enact an ordinance providing for an impoundment fee of not more than

twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee

before an impounded animal may be released to its owner.

     SECTION 2. Section 4-22-5 of the General Laws in Chapter 4-22 entitled "Cat

Identification Program" is hereby amended to read as follows:

     4-22-5. Holding At-Large or Impounded Cats. -- (a) In the case of any at-large or

roaming or feral cat released to or impounded in a licensed animal shelter or licensed municipal

pound wearing any form of identification specified in the definitions section the animal shelter or

pound shall make a reasonable attempt to notify the owner by telephone, or by sending written

notice to the owner. The at-large or roaming or feral cat shall be held by the animal shelter or

pound for not less than five days, after which time the animal shelter or pound may offer the cat

for adoption, sale or otherwise dispose of the cat, if not sooner recovered by the owner. The five

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days shall not include any day or part thereof that the public pound or animal shelter is not open

for a specified period of time, not to be less than one-half the normal hours of business. Litters of

kittens estimated to be less than six (6) months of age, as determined by the emergence of adult

canine teeth, shall have no required holding period for placement. For this section a "litter" shall

be considered two (2) or more animals of apparently the same age and breed/mix. An owner

wishing to recover the cat shall pay the reasonable and customary daily impoundment fees and

other associated fees for each full day, or fraction thereof, that the cat is held by the animal shelter

or pound. The provisions of this section relating to the five (5) day holding period shall not be

deemed to apply to any cat which, impounded hereunder, was injured or maimed, and after the

cat has been examined by a licensed veterinarian who shall confirm, in writing, that the cat be

destroyed for humanitarian purposes.

      (b) In the case of any at-large or roaming or feral cat released to or impounded in a

licensed animal shelter or licensed municipal pound not wearing any form of identification as

specified in the definitions section, the animal shelter or pound shall hold the at-large or roaming

or feral cat for not less than two (2) days, after which time the animal shelter or pound may offer

the cat for adoption, sale or otherwise dispose of the cat, if not sooner recovered by a person

claiming ownership. The two (2) days shall not include any day or part thereof that the public

pound or animal shelter is not open for a specified period of time, not to be less than one-half the

normal hours of business. The owner or keeper of any cat so impounded shall pay the reasonable

and customary daily impoundment fees and other associated fees for each full day, or fraction

thereof, that the cat is held at the animal shelter or pound. The provisions of this section relating

to the two (2) day holding period shall not be deemed to apply to any cat which, impounded

hereunder, was injured or maimed, and after the cat has been examined by a licensed veterinarian

who shall confirm, in writing, that the cat be destroyed for humanitarian purposes.

      (c) If an at-large or roaming or feral cat without identification released to or impounded

in a licensed animal shelter or a licensed municipal pound is dangerous and presents a danger to

the safety of shelter personnel, the cat may be euthanized prior to the expiration of its holding

period at the discretion of an animal control officer, a licensed veterinarian or the shelter

management.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

***

     This act would eliminate the present five (5) day impoundment holding period to adopt a

kitten or puppy from a litter, if they are less than six (6) months old. A "litter" shall be considered

two (2) or more animals of apparently the same age, breed or mix.

     This act would take effect upon passage.

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