Chapter
308
2007 -- H 5727 SUBSTITUTE A
Enacted 07/06/07
A N A C T
RELATING TO ANIMALS
AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS DOGS
Introduced By: Representatives Lima, Lewiss, Gallison, and Mattiello
Date Introduced: February 28,
2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 4-13.1-2, 4-13.1-3 4-13.1-9 and 4-13.1-11 of the General Laws in
Chapter
4-13.1 entitled "Regulation of Vicious Dogs" are hereby amended to
read as follows:
4-13.1-2.
Definitions. -- As used in sections 4-13.1-1 -- 4-13.1-14, the
following words
and
terms shall have the following meanings, unless the context indicates another
or different
meaning
or intent:
(1) "Dog officer" means any person defined by the provisions of
chapter 19 of this title.
(2) "Domestic animals" means animals which, through extremely long
association with
humans,
have been bred to a degree which has resulted in genetic changes affecting the
temperament,
color, conformation, or other attributes of the species to an extent that makes
them
unique
and distinguishable from wild individuals of their species. Such animals may
include but
are not
limited to:
(i) Domestic dog (Canis familiaris);
(ii) Domestic cat (Felis catus);
(iii) Domestic horse (Equus caballus);
(iv) Domestic ass, burro, and donkey (Equus asinus);
(v) Domestic cattle (Bos taurus and Bos indicus);
(vi) Domestic sheep (Ovi aries);
(vii) Domestic goat (Capra hircus);
(viii) Domestic swine (Sus scrofa domestica);
(ix) Llama (lama alama);
(x) Alpaca (lama pacos);
(xi) Camels (Camelus bactrianus and Camel dromedarius);
(xii) Domestic races of European rabbit (Oryctolagus cuniculus);
(xiii) Domestic races of chickens (Callus gallus);
(xiv) Domestic races of duck and geese (Anatidae) morphologically
distinguishable from
wild
birds;
(xv) Domestic races of guinea fowl (Numida meleagris);
(xvi) Domestic races of peafowl (Pavo scristatus).
(3) "Enclosure" means a fence or structure of at least six feet (6')
in height, forming or
causing
an enclosure suitable to prevent the entry of young children, and suitable to
confine a
vicious
dog in conjunction with other measures which may be taken by the owner or
keeper, such
as
tethering of the vicious dog. The enclosure shall be securely enclosed and
locked and designed
with
secure sides, top, and bottom and shall be designed to prevent the animal from
escaping
from the
enclosure.
(4) "Impounded" means taken into the custody of the public pound in
the city or town
where
the vicious dog is found.
(5) "Person" means a natural person or any legal entity, including
but not limited to, a
corporation,
firm, partnership, or trust.
(6) "Vicious dog" means:
(i) Any dog that, when unprovoked, in a vicious or terrorizing manner,
approaches any
person
in apparent attitude of attack upon the streets, sidewalks, or any public
grounds or places;
(ii) Any dog with a known propensity, tendency, or disposition to attack
unprovoked, to
cause
injury, or to otherwise endanger the safety of human beings or domestic
animals;
(iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a
human being or
domestic
animal without provocation on public or private property; or
(iv) Any dog owned or harbored primarily or in part for the purpose of dog
fighting or
any dog
trained for dog fighting.
Notwithstanding the definition of a vicious dog in subsection (6), no dog may
be
declared
vicious in accordance with section 4-13.1-11 of this chapter if an injury or
damage is
sustained
by a person who, at the time that injury or damage was sustained, was
committing a
trespass
or other tort upon premises occupied by the owner or keeper of the dog, or was
teasing,
tormenting,
provoking, abusing or assaulting the dog or was committing or attempting to
commit
a crime.
No dog may be declared vicious if an injury or damage was sustained by a
domestic
animal
which at the time that injury or damage was sustained was teasing, tormenting,
provoking,
abusing
or assaulting the dog. No dog may be declared vicious if the dog was protecting
or
defending
a human being within the immediate vicinity of the dog from an unjustified
attack or
assault.
(7) "Guardian" shall mean a person(s) having the same rights and
responsibilities of an
owner,
and both terms shall be used interchangeably. A guardian shall also mean a
person who
possesses,
has title to or an interest in, harbors or has control, custody or possession
of an animal
and who
is responsible for an animal's safety and well-being.
(8) "Muzzle" means a device which shall not cause injury to the dog
or interfere with its
vision
or respiration but shall prevent the dog from biting a person or animal.
(9) "Serious injury" means any physical injury consisting of a broken
bone(s) or
permanently
disfiguring lacerations requiring stitches, multiple stitches or sutures,
or cosmetic
surgery.
(10)
"Enclosed area" means an area surrounded by a fence that will prevent
the dog from
leaving
the owner's property.
(11)
"Tie-out" means a cable, rope, light weight chain, or other means
attached to the dog
that will
prevent the dog from leaving the owner's property.
(12)
"Leash" means a rope, cable, nylon strap, or other means attached to
the dog that
will
provide the owner with control of the dog.
4-13.1-3.
Requirements for registration. -- (a) No dog that has been declared
vicious
shall be
licensed by any city or town for any licensing period commencing after April
1986,
unless
the owner or keeper of that dog that has been declared vicious meets any or all
of the
following
requirements as may be imposed by the hearing panel:
(1) A panel convened pursuant to section 4-13.1-11 of this chapter and/or a
judge of the
district
court may require the owner or keeper to present to the city or town clerk or
other
licensing
authority proof that the owner or keeper has procured liability insurance in
the amount
of at
least one hundred thousand dollars ($100,000), covering any damage or injury
which may be
caused
by the vicious dog during the twelve (12) month period for which licensing is
sought,
which
policy contains a provision requiring the city or town to be named as
additional insured for
the sole
purpose of the city or town clerk or other licensing authority where that dog
is licensed to
be
notified by the insurance company of any cancellation, termination or
expiration of the
liability
insurance policy.
(2) The owner or keeper shall, at his or her own expense, have the licensing
number
assigned
to the vicious dog, or any other identification number that the city or town
clerk or other
licensing
authority determines, tattooed upon the vicious dog by a licensed veterinarian
or person
trained
as a tattooist and authorized a licensed veterinarian or tattooist by any
state, city or town
police
department. The tattoo shall be placed on the upper inner left rear thigh of
the vicious dog.
The dog
officer may, in his or her discretion, designate the particular location of the
tattoo. The
licensing
number shall be noted on the city or town licensing files for the vicious dog,
if it is
different
from the license number of the vicious dog. For the purposes of this section,
tattoo shall
be
defined as any permanent numbering of a vicious dog by means of indelible or
permanent ink
with the
number designated by the licensing authority, or any other permanent,
acceptable
method
of tattooing. A microchip may be used in lieu of a tattoo. Each city or town
shall affix a
two (2)
letter prefix to the identification number in order to identify the particular
city or town
where the
dog was initially licensed.
(3) The owner or keeper shall display a sign on his or her premises warning
that there is
a
vicious dog on the premises. The sign shall be visible and capable of being
read from the public
highway.
(4) The owner or keeper shall sign a statement attesting that:
(i) The owner or keeper shall maintain and not voluntarily cancel the liability
insurance
required
by this section during the twelve (12) month period for which licensing is
sought, unless
the owner
or keeper ceases to own or keep the vicious dog prior to expiration of the
license.
(ii) The owner or keeper shall have an enclosure for the vicious dog on the
property
where
the vicious dog will be kept or maintained.
(iii) The owner or keeper shall notify the police department or the dog officer
within two
(2)
hours if a vicious dog is on the loose, is unconfined, has attacked another
animal or has
attacked
a human being, or has died.
(5) When the dog is off the owner's property, it shall be on a leash and/or
muzzled.
(6) When the dog is outdoors on the owner's property, it must be on a leash
and/or
muzzled,
or tie-out, or in an enclosed area which prevents its escape.
(b) A dog officer is empowered to make whatever inquiry is deemed necessary to
ensure
compliance
with this chapter, and any dog officer is empowered to seize and impound any
vicious
dog
whose owner or keeper fails to comply with this chapter.
(c) In the event that the owner or keeper of the dog refuses to surrender the
animal to the
dog
officer, the dog officer may request a police officer to obtain a search
warrant from a justice
of the
district court and to seize the dog upon execution of the warrant.
(d) A dog must be spayed or neutered unless a licensed veterinarian states in
writing that
the
procedure would threaten the life of the dog.
(e) If an owner or keeper moves, he or she shall notify the dog officer of the
city or town
in which
he/she resides and the dog officer of the city or town in which he or she is to
reside.
(f) An
owner or keeper may leave a dog under the care and control of someone over the
age
of sixteen (16) years.
(g)
It shall be unlawful for the owner or keeper to sell or give away any dog
declared vicious.
4-13.1-9.
Penalties for violation -- Licensing ordinances and fees. -- (a) Any
dog
declared
vicious under section 4-13.1-11:
(1) Whose owner or keeper does not secure the liability insurance coverage
required in
accordance
with section 4-13.1-3;
(2) Which is not maintained on property with an enclosure;
(3) Which is outside of the dwelling of the owner or keeper, or outside of an
enclosure
except
as provided in section 4-13.1-4; or
(4) Which is not tattooed or microchipped, may be confiscated by a dog officer
or may
be
destroyed in an expeditious and humane manner after the expiration of a five
(5) day waiting
period
exclusive of Sundays and holidays which shall not include any day or part
thereof 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 such dog by its rightful
owner. In
addition,
the owner or keeper shall pay a five hundred fifty dollar ($550) fine.
(5)
Provided, further, that in addition to the violations listed herein, if any
section of this
chapter
does not specifically provide a penalty for a violation, the penalty shall be
five hundred
fifty
dollars ($550) for the first offense and one thousand dollars ($1000) for any
subsequent
violation.
(b)
If any dog declared vicious under section 4-13.1-11, when unprovoked, kills,
wounds,
or
worries or assists in killing or wounding any animal described in section
4-13.1-7, the owner or
keeper
of the dog shall pay a five hundred fifty dollar ($550) fine. The dog officer
is empowered
to confiscate
the dog. After the expiration of a five (5) day waiting period, excluding
Sundays and
holidays,
which shall not include any day or part thereof 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 the rightful owner's reclaiming the dog, the dog officer may destroy the
vicious dog.
For each
subsequent violation, the owner or keeper of the dog shall pay a fine of one
thousand
dollars
($1,000).
(c) (1) If any dog declared vicious under section 4-13.1-11, when unprovoked,
attacks,
assaults,
wounds, bites, or otherwise injures, kills or seriously injures a human being,
the owner
or
keeper shall pay a fine of one thousand dollars ($1,000) and the dog officer is
empowered to
confiscate
and, after the expiration of a five (5) day waiting period, which shall not
include any
day or
part thereof 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 such
dog by
its
rightful owner, may destroy the vicious dog. For each subsequent violation, the
owner or
keeper
shall pay a fine of one thousand dollars ($1,000), for owning or keeping a
vicious dog
which
attacks, assaults, wounds, bites or otherwise injures or kills a human being.
In the event a
dog
kills a person, the dog shall be humanely euthanized.
(2) The dog officer may confiscate a dog for any violation of this section. If
the owner or
keeper
does not contact the dog officer, or if the dog officer cannot, with a
reasonable effort,
contact
the owner or keeper, the dog may be euthanized under section 4-13-15. If the
owner or
keeper
is found, the dog officer may give the owner or keeper up to ten (10) days to
meet the
previously
imposed requirements. If the requirements are not met in the allotted time, the
dog
may be
euthanized. The owner or keeper will be responsible for the kennel and
euthanizing cost.
(3) No person shall be charged under subsections (a), (b) or (c), unless the
dog, prior to
the
offense alleged, has been declared vicious pursuant to the provisions of this
chapter.
(4) If any dog declared vicious under section 4-13.1-11, seriously injures a
person as
that
term is defined in
section 4-13.1-2 or kills or seriously injures a domestic animal, the dog may
be
humanely euthanized, at the owner's expense, upon a unanimous vote of the
hearing panel.
(d) (1) Every city or town shall enact an ordinance requiring the licensing of
dogs within
their
jurisdiction at a fee not to exceed ten dollars ($10.00). In addition, each
city or town shall
charge
an additional fee of two dollars ($2.00) for each license, that fee to be used
exclusively by
the
cities and towns for enforcement of laws pertaining to animals.
(2) Every owner or keeper of any dog found to be in violation of any city or
town
ordinance
governing the licensing of dogs shall for the first offense be fined
twenty-five dollars
($25.00)
and for a second violation of the ordinance shall be fined two hundred dollars
($200)
and
shall be required at his or her own expense, to have the dog tattooed in a
manner prescribed
this
chapter, and for a third or subsequent offense shall be fined five hundred
dollars ($500), and
shall be
required at his or her own expense, to have the dog tattooed or microchipped
in a manner
prescribed
by this chapter.
(3) No fine and/or tattooing or microchipping requirement shall be suspended by
any
court of
competent jurisdiction.
(e) (1) If the owner or keeper of a dog impounded for an alleged violation of
sections 4-
13.1-3, 4-13.1-4, to or 4-13.1-5
believes that there has not been a violation of those sections, the
owner or
keeper may petition the district court which has jurisdiction in the city or
town where
the dog
is impounded praying that the impounded dog not be destroyed. The impounded dog
shall
not be
destroyed pending resolution of the owner's or keeper's petition.
(2) The petition shall be filed within five (5) days of impoundment of the dog.
Notice
shall be
served within five (5) days of the impoundment of the dog upon the dog officer
or keeper
of the
dog pound. The hearing shall be conducted within fourteen (14) days from
serving of the
notice.
(3) The decision of the district court may be appealed to the superior court by
any
aggrieved
party within forty eight (48) hours of the decision. The dog shall remain
impounded
pending
the appeal. A hearing de novo, without a jury, shall be conducted within
fourteen (14)
days of
the appeal.
(4) The decision of the superior court shall be final and conclusive upon all
parties
thereto.
However, the dog officer or any law enforcement officer shall have the right to
convene a
hearing
under section 4-13.1-3 for any actions of the dog subsequent to the date of
violation. If
the
court finds that there has not been a violation of sections 4-13.1-4 4-13.1-3
through 4-13.1-5,
the dog
may be released to the custody of the owner or keeper upon payment to the pound
keeper
or dog
officer of the expense of keeping the dog. The city or town councils may
establish by
ordinance
a schedule of those costs.
(f) One-half ( 1/2) of all fines paid pursuant to this section shall be paid to
the city or
town in
which the violation occurred for the purpose of defraying the cost of the
implementation
of the
provisions of this chapter.
(g) No dog shall be destroyed within five (5) days of being impounded,
exclusive of
Sundays
and holidays, and which 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 such dog by its rightful owner.
(h) If the owner or keeper of a dog impounded for an alleged violation of
sections 4-
13.1-3
-- 4-13.1-5 believes that there has not been a violation of the sections, the
owner or keeper
may petition
the district court which has jurisdiction in the city or town where the dog is
impounded
praying that the impounded dog not be destroyed. The impounded dog shall not be
destroyed
pending resolution of the owner's or keeper's petition if the petition has been
filed
within
five (5) days of impoundment of the dog and notice has been served within five
(5) days of
the
impoundment of the dog upon the dog officer or keeper of the dog pound. The
hearing shall
be
conducted within fourteen (14) days from serving of the notice. The decision of
the district
court
may be appealed to the superior court by any aggrieved party within forty-eight
(48) hours
of
the decision. The dog shall remain impounded pending the appeal. A hearing de
novo, without
a jury,
shall be conducted within fourteen (14) days of the appeal. The decision of the
superior
court
shall be final and conclusive upon all the parties. The dog officer or any law
enforcement
officer
shall have the right to convene a hearing under section 4-13.1-11 for any
actions of the
dog
subsequent to the date of the violation. If the court shall find that there has
not been a
violation
of sections 4-13.1-3 -- 4-13.1-5 the dog may be released to the custody of the
owner or
keeper
upon payment to the poundkeeper or dog officer of the expense of keeping the
dog. The
city
or town councils may establish by ordinance a schedule of those costs.
(i) (h) If a dog has been declared vicious pursuant to section
4-13.1-11, the owner or
keeper
shall display a sign on his or her premises warning that there is a vicious dog
on the
premises.
The sign shall be visible and capable of being read from the public highway.
(j) (i) If a dog has been declared vicious pursuant to section
4-13.1-11, the owner or
keeper
shall sign a statement attesting that the owner or keeper shall maintain and
not voluntarily
cancel
any liability insurance required pursuant to this section during the twelve
(12) month
period
for which licensing is sought, unless the owner or keeper shall cease to own or
keep the
vicious
dog prior to the expiration of the license.
(k) (j) The owner or keeper shall notify the local police or
animal control officer within
two (2)
hours if a dog that has been declared vicious is on the loose, is unconfined,
has attacked
another
animal or has attacked a human being or has died.
(l) (k) It shall be unlawful for any owner to sell or give away a
dog that has been
declared
vicious within the state.
(m) (l) A dog officer is hereby empowered to make whatever
inquiry is deemed
necessary
to ensure compliance with the provisions of this chapter, and any such dog
officer is
hereby
empowered to seize and impound any dog that has been declared vicious whose
owner or
keeper
fails to comply with these provisions.
4-13.1-11.
Determination of a vicious dog. -- (a) In the event that the dog
officer or law
enforcement
officer has probable cause to believe that a dog is vicious, the chief dog
officer or his
or her
immediate supervisor or the chief of police, or his or her designee, is
empowered to
convene
a hearing for the purpose of determining whether or not the dog in question
should be
declared
vicious. The dog officer or chief of police shall conduct or cause to be
conducted an
investigation
and shall notify the owner or keeper of the dog that a hearing will be held, at
which
time he
or she may have the opportunity to present evidence why the dog should not be
declared
vicious.
The hearing shall be held promptly within no less than five (5) nor more than
ten (10)
days
after service of notice upon the owner or keeper of the dog while said notice
shall be served
upon the
owner. The hearing shall be informal and shall be open to the public. The
hearing shall
be
conducted by a panel of three (3) persons which shall consist of the chief of
police or his or her
designee,
the executive director of the society for the prevention of cruelty to animals
(S.P.C.A.)
or his
or her designee, and a person chosen by the chief of police and the executive
director of the
S.P.C.A.
All members of the panel shall have one vote in making a determination whether
or not
the dog
in question is vicious. Hearing officers shall have immunity.
(b) After the hearing, the owner or keeper of the dog shall be notified in
writing of the
determination.
If a determination is made that the dog is vicious, the owner or keeper shall
comply
with this chapter in accordance with a time schedule established by the dog
officer or
chief of
police, but in no case more than thirty (30) days subsequent to the date of the
determination.
If the owner or keeper of the dog contests the determination, he or she may,
within
five (5)
days of that determination, bring a petition in the district court within the
judicial district
where
the dog is owned or kept, praying that the court conduct its own hearing on
whether or not
the dog
should be declared vicious. After service of notice upon the dog officer, the
court shall
conduct a
hearing de novo and make its own determination as to viciousness. The hearing
shall be
conducted
within seven (7) days of the service of the notice upon the dog officer or law
enforcement
officer involved. The issue shall be decided upon the preponderance of the
evidence.
If the
court rules the dog to be vicious, the court may establish a time schedule to
insure
compliance
with this chapter, but in no case more than thirty (30) days subsequent to the
date of
the
court's determination. If the owner has not complied with the provisions of
this chapter at the
end of
thirty (30) days from the written notification that the dog is vicious, the dog
may shall be
euthanized.
(c) The court may decide all issues for or against the owner or keeper of the dog
regardless
of the fact that the owner or keeper fails to appear at the hearing.
(d) The determination of the district court shall be final and conclusive upon
all parties.
The dog
officer or any law enforcement officer shall have the right to convene a
hearing under
this
section for any subsequent actions of the dog.
(e) In the event that the dog officer or law enforcement officer has probable
cause to
believe
that the dog in question is vicious and may pose a threat of serious harm to human
beings
or other
domestic animals, the dog officer or law enforcement officer may seize and
impound the
dog
pending the hearings. The owner or keeper of the dog is liable to the city or
town where the
dog is
impounded for the costs and expenses of keeping the dog. The city or town
council may
establish
by ordinance a schedule of those costs and expenses.
SECTION
2. This act shall take effect upon passage.
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LC01801/SUB A/2
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