2019 -- H 6015

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LC002466

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DOG ENFORCEMENT AND

PENALTIES -- FOSTER

     Introduced By: Representative Michael W. Chippendale

     Date Introduced: April 24, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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

hereby amended to read as follows:

     4-13-1. Regulatory ordinances -- Enforcement and penalties.

     (a) City or town councils may make any ordinances concerning dogs in their cities or

towns as they deem expedient, to be enforced by the destruction or disposition of the animal, or

by pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding

fifteen dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars

($25.00) for the third and any subsequent offense within a year to be recovered by action of debt,

or by complaint and warrant, to use as that city council or town council may prescribe.

     (b)(1) Barrington town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for violation of any animal control ordinance which may be paid by mail and;

     (ii) To prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent

offense within a calendar year.

     (2)(i) Bristol town council is authorized to enact an ordinance permitting the dog officer

in that town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail, and to prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (ii) The Bristol town council may by ordinance prescribe the number of licensed dogs and

their breeds which may be kept at any single-family residence other than a breeding kennel

licensed under § 4-13-10, and may enforce those ordinances by pecuniary penalties not exceeding

two hundred fifty dollars ($250).

     (3) Coventry town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail.

     (4)(i) Cumberland town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The town council of the town of Cumberland is authorized to enact an ordinance

permitting the animal control officer or any police officer in that town to issue citations to the

owners of dogs for the violation of any dog ordinance which may be paid by mail.

     (iii) The town council of the town of Cumberland is authorized to enact an ordinance

establishing the expense of the impoundment of dogs as determined by the town council and

providing for the payment to the town of the impoundment expense by the dog owner prior to

removal of the dog from the pound.

     (5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary

penalties as follows:

     (i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar

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year;

     (ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar

year;

     (iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each

subsequent offense within a calendar year.

     (6) Jamestown town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (7)(i) Middletown may prescribe pecuniary penalties as follows for the violation of

animal control ordinances on any beach within the town of Middletown:

     (A) A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the

calendar year;

     (B) A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense

within a calendar year;

     (C) A fine not exceeding two hundred dollars ($200) for the third (3rd) and each

subsequent offense within a calendar year.

     (ii) Middletown may prescribe pecuniary penalties as follows for the violation of animal

control ordinances anywhere else within the town:

     (A) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (B) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (C) A fine not exceeding one hundred fifty dollars ($150) for the third and each

subsequent offense within a calendar year.

     (iii) The Middletown town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

     (8) Narragansett town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

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council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribing pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than seventy-five dollars ($75.00) for the third and each

subsequent offense within a calendar year.

     (9) Newport city council is authorized to enact an ordinance:

     (i) Permitting the animal control officer, and his or her agents, in that city to issue

citations to the owners of dogs for violation of any animal control ordinance which may be paid

by mail;

     (ii) To prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (10) North Providence town council is authorized to enact an ordinance permitting the

animal control officer in that town to issue citations to the owners of dogs for the violation of any

dog ordinance which may be paid by mail.

     (11)(i) Portsmouth may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

     (iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed

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dogs which may be kept at any single family residence other than a breeding kennel licensed

under § 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-

five dollars ($25.00).

     (12) The Richmond town council is authorized to enact ordinances:

     (i) Establishing the following penalties for animal control offenses:

     (A) A fine of not more than fifty dollars ($50.00) for the first offense within one year;

     (B) A fine of not more than seventy-five dollars ($75.00) for the second offense within

one year of the first offense;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within one year of the first offense.

     (ii) Permitting the animal control officer or any police officer to issue citations for

violation of any animal control ordinance punishable by a fine of five hundred dollars ($500) or

less, and to provide for payment of those fines by mail.

     (13)(i) Scituate town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) Scituate town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail.

     (14)(i) Smithfield town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Smithfield town council is authorized to enact an ordinance permitting the animal

control warden in the town to issue citations which may be paid by mail to the owners of dogs for

the violation of any dog ordinance in that town.

     (15) Tiverton town council may prescribe pecuniary penalties as follows:

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     (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

     (16) Warwick city council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (iii) A fine not exceeding two hundred dollars ($200) for the third and each subsequent

offense within a calendar year; and

     (iv) A fine not exceeding three hundred dollars ($300) for the fourth and each

subsequent offense within a calendar year.

     (17) Westerly town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (18) West Greenwich town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

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     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (19) The town council of the town of Exeter is authorized to enact any ordinance

prescribing fines and penalties, in addition to those otherwise allowed by law, as follows:

     (i) Providing a fine of up to twenty-five dollars ($25.00) for the first offense;

     (ii) Providing a fine of up to one hundred dollars ($100) for the second offense; and

     (iii) Providing a fine of up to two hundred dollars ($200) for the third and for any

subsequent offenses within a one year period. In addition, the town may require proof of owners

liability insurance for a twelve (12) month period insuring against injury and damages caused by

the dog. That insurance shall be in the amount of one hundred thousand dollars ($100,000) and

shall name the town as a named insured for the purposes of notice.

     (20) West Warwick town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifteen dollars ($15.00) for the first offense;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

     (21) Woonsocket city council is authorized to enact an ordinance:

     (i) Permitting the animal control office of the city to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail;

     (ii) Establishing the expense of the impoundment of dogs as determined by the city

council and providing for the payment to the city for the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribing pecuniary penalties as follows:

     (A) A fine of not more than fifty dollars ($50.00) for the first offense within a calendar

year;

     (B) A fine of not more than one hundred dollars ($100) for the second offense within a

calendar year;

     (C) A fine of not more than one hundred fifty dollars ($150) for the third and each

subsequent offense within a calendar year.

     (22) Pawtucket city council is authorized to prescribe pecuniary penalties directly related

to its ordinance banning the owning or keeping of pit bulls in the city as follows:

     (i) For a pit bull properly licensed according to the city ordinance;

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     (A) A fine not exceeding two hundred fifty dollars ($250) for the first offense;

     (B) A fine not exceeding five hundred dollars ($500) on a second offense;

     (C) A fine not exceeding one thousand dollars ($1,000) on a third offense.

     (ii) For a pit bull that is not licensed pursuant to the exceptions in the city ordinance:

     (A) A fine not exceeding five hundred dollars ($500) on a first offense;

     (B) A fine not exceeding one thousand dollars ($1,000) on a second or subsequent

offense.

     (iii) Notwithstanding any other provision of this section, Pawtucket may through its

Municipal Court impose a sentence of imprisonment not exceeding thirty (30) days in addition to

the fines in subsection (ii)(A) or (B).

     (23)(i) The Lincoln town council is authorized to prescribe pecuniary penalties as

follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred twenty-five dollars ($125) for the third and each

subsequent offense within a calendar year.

     (ii) The Lincoln town council is authorized to enact an ordinance permitting the dog

officer and police officers in that town to issue citations to the owners of dogs for the violation of

any dog ordinance, which citation may be paid by mail.

     (24)(i) The East Providence city council is authorized to enact an ordinance permitting

the animal control officer or any police officer in that city to issue citations to persons in violation

of any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as

follows:

     (A) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar

year;

     (B) A fine of not more than sixty dollars ($60.00) for the second offense within a

calendar year;

     (C) A fine of not more than one hundred twenty dollars ($120) for the third offense

within a calendar year; and

     (D) A fine of not more than three hundred dollars ($300) for the fourth offense and any

subsequent offense within a calendar year.

     (25)(i) The Warren town council is authorized to enact an ordinance permitting the

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animal control officer in the town to issue citations to the owners of animals for violation of any

animal control ordinance which may be paid by mail, and to prescribe pecuniary penalties as

follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (26)(i) The Burrillville town council is authorized to enact an ordinance:

     (A) Permitting the animal control officer in the town to issue citations to the owners of

dogs for the violation of any animal control ordinance which may be paid by mail; and

     (B) To prescribe penalties for violation of the provisions of revised general ordinances,

Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled "Animals"; and

     (C) Establishing an expense not to exceed ten dollars ($10.00) for the day during which

impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for

the payment to the town of the impoundment expense by the dog owner prior to removal of the

dog from the animal control facility.

     (27)(i) Foster town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which

may be paid by mail, and may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year.

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year.

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     SECTION 2. 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 -- DOG ENFORCEMENT AND

PENALTIES -- FOSTER

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     This act would authorize the Foster town council to enact ordinances permitting the dog

officer in the town to issue citations for the violation of dog ordinances.

     This act would take effect upon passage.

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