Chapter 500
2006 -- H 8105
Enacted 07/07/06
A N A C T
RELATING
TO ANIMALS AND ANIMAL HUSBANDRY -- DOGS
Introduced
By: Representatives Rose, Dennigan, Melo, Savage, and Moura
Date
Introduced: May 16, 2006
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 4-13-1 and 4-13-15 of the General Laws in Chapter 4-13 entitled
"Dogs" are 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 section 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
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:
(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
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
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
dogs which may be kept at any single family
residence other than a breeding kennel licensed
under section 4-13-10 and may enforce those
ordinances by pecuniary penalties not exceeding
twenty-five dollars ($25.00).
(12) Richmond
town council may prescribe pecuniary penalties as follows:
(i) A fine not
exceeding ten dollars ($10.00) for the first offense within one year;
(ii) A fine not
exceeding twenty-five dollars ($25.00) for the second offense within one
year of the first offense;
(iii) A fine not
exceeding fifty dollars ($50.00) for the third and each subsequent offense
within one year of the first offense.
(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:
(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 fifteen dollars ($15.00) for the first offense within a calendar
year;
(ii) A fine not
exceeding twenty-five dollars ($25.00) for the second offense within a
calendar year;
(iii) A fine not
exceeding fifty dollars ($50.00) for the third 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;
(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;
(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.
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. 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 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 terms provisions of subsection (a) hereof,
the Town Council
town council of the Town 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.
SECTION 2. This
act shall take effect upon passage.
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