Chapter 207

2003 -- H 5085 AS AMENDED

Enacted 0715/03

A N A C T

RELATING TO PROPERTY

Introduced By: Representatives Shanley, McHugh, Lowe, Enos, and Callahan

Date Introduced: January 16, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Title 34 of the General Laws entitled "Property" is hereby amended by

adding thereto the following chapter:

CHAPTER 48

ANIMAL LIENS

34-48-1. Lien on animals for their keep – Transfer of abandoned animals. – (a)

When an agreement has been made between the owner of any animals, including, but not limited

to, horses, birds and fish, and any person who keeps and feeds such animals, regarding the price

of such keeping, such animals shall be subject to a lien, for the price of such keeping, in favor of

the person keeping the same; and such person so keeping such animals may detain the same until

such debt is paid; and, if it is not paid within thirty (30) days after it is due, he/she may sell such

animals, or so many thereof as are necessary at public auction, upon giving written notice to the

owner of the time and place of such sale at least six (6) days before such sale, and apply the

proceeds to the payment of such debts, returning the surplus, if any, to such owner.

(b) A kennel, as defined in section 4-19-2, or a veterinary hospital which boards or

grooms animals for nonmedical purposes, may transfer any abandoned animal in its custody to a

Rhode Island licensed nonprofit animal rescue, animal shelter, society for the prevention of cruelty to

animals, or adoption organization which annually places ten (10) or more animals in private

homes as pets. An animal shall be considered abandoned if the owner or keeper of such animal

fails to retrieve the animal within thirty (30) days of the date on which such owner or keeper was

scheduled to retrieve the animal. Prior to transferring such animal, such kennel or veterinary

hospital shall give notice of its intention to do so to the owner or keeper at his/her last known

address by registered or certified mail, return receipt requested, and shall allow a period of ten

(10) days to elapse after the receipt is returned before transferring such animal. Each such kennel

and veterinary hospital shall post in a visible location the procedures provided for in this

subsection and shall give a written notice of such procedures to any person who boards an animal

at such kennel or with such veterinary hospital. Any nonprofit organization which receives an

animal in accordance with the provisions of this subsection shall not be liable in any civil action

brought by the previous owner or keeper of such animal for any subsequent transfer or disposal of

such animal by such organization.

     SECTION 2. This act shall take effect upon passage.

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LC00234

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