Chapter 035
2011 -- H 6019
Enacted 05/31/11
A N A C T
RELATING TO
ANIMALS AND ANIMAL HUSBANDRY - DOGS
Introduced By: Representatives Jackson, and Ruggiero
Date Introduced: March 31, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 4-13-1 and 4-13-4 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)
(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)
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
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)
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)
(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
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
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)
(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)
animal control ordinances on any beach within the town of
(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)
control ordinances anywhere else within the town:
(A) A fine not
exceeding twenty dollars ($20.00) fifty dollars ($50.00) for the
first
offense within a calendar year;
(B) A fine not
exceeding thirty dollars ($30.00) one hundred dollars ($100) for
the
second offense within a calendar year;
(C) A fine not
exceeding fifty dollars ($50.00) one hundred fifty dollars ($150)
for the
third and each subsequent offense within a calendar year.
(ii)(iii)
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)
(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)
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)
(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
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
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)
(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)
(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 to issue citations to the owners of dogs for the
violation of any dog ordinance which
may be paid by mail.
(14) (i)
(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
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)
(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;
(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
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)
(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)
(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)
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,
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
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
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,
(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.
4-13-4. Dog
licenses -- Fees -- Penalties. -- (a) (1) Every
owner or keeper of a dog shall
annually in April obtain a license effective May 1 in the
office of the city or town clerk of the city
or town in which the owner or keeper resides.
(2) The fees for the
license shall be five dollars ($5.00).
(3) No city or town
shall issue any license under this section unless the dog has been
inoculated against rabies for the period of time which the
license would be valid.
(4) All licenses issued
under the provisions of this chapter shall be valid in every city or
town during the then current year.
(5) Any person who
becomes the owner or keeper of a dog shall obtain a license within
thirty (30) days after he or she becomes the owner or
keeper.
(6) (i) The Cumberland town clerk may
issue a license renewable every two (2) years for
a licensing fee of six dollars ($6.00).
(ii) Glocester town council may provide for an annual licensing
fee of fourteen dollars
($14.00) for all dogs except spayed or neutered
females and males and for an annual licensing fee
of seven dollars ($7.00) for spayed or neutered female
and male dogs.
(iii)
to exceed fifteen dollars ($15.00) for neutered dogs,
and not to exceed twenty-five dollars
($25.00) for unneutered dogs.
(iv)
fee of not more than ten dollars ($10.00) for all spayed
and neutered dogs, and for an annual
licensing fee of not more than fifteen dollars ($15.00) for unspayed females and unneutered
males.
(v) North Smithfield
town council may provide by ordinance for an annual licensing fee
of five dollars ($5.00) for all dogs.
(vi) (A)
twelve dollars ($12.00) for all dogs except spayed or
neutered females and male dogs and for an
annual licensing fee of seven dollars ($7.00) for spayed or
neutered female and male dogs.
(B) The
(vii) (A)
ten dollars ($10.00) for unspayed
female dogs and unneutered male dogs;
(B) May provide for a
fee of one dollar ($1.00) for the replacement of lost dog tags;
(C) May provide that no
fee be charged to license guide dogs used by persons with
disabilities;
(D) May provide for the
number of licenced dogs which may be kept at any
single-
family residence, other than a breeding kennel; and
(E) May provide for
pecuniary penalties not exceeding twenty-five dollars ($25.00) for
violations.
(viii)
five dollars ($5.00) for all dogs.
(ix) (A)
of seven dollars ($7.00) for each neutered male or
spayed female and fifteen dollars ($15.00) for
each unneutered male and unspayed
female.
(B) May provide by
ordinance for a payment of a two dollars ($2.00) fee for duplicate or
for replacement tags.
(x) (A)
to exceed fifteen dollars ($15.00) for spayed or
neutered dogs, and not to exceed twenty-five
dollars ($25.00) for unspayed or
unneutered dogs.
(B) May provide by
ordinance for an annual licensing fee for dogs owned by residents
age 65 or older not to exceed five dollars ($5.00) for
spayed or neutered dogs, and not to exceed
ten dollars ($10.00) for unspayed
or unneutered dogs.
(xi)
exceed twenty ($20.00) dollars for all dogs.
(xii) Burrillville town
council may:
(A) Provide by
ordinance for an annual licensing fee of not more than ten dollars
($10.00) for all dogs; and
(B) Provide for
pecuniary penalties not exceeding twenty-five dollars ($25.00) for
violations.
(xiii) The
(A) Provide by
ordinance for an annual licensing fee not to exceed twenty-five dollars
($25.00) per dog.
(b) Every person,
owning or keeping a dog not licensed and/or collared according to the
provisions of this chapter, shall be fined ten dollars ($10.00)
to be applied to the support of the
city or town, and that fine shall be in addition to all
other lawful fees.
(c) Any city or town
may waive the fee to be charged to license guide dogs used by
persons with disabilities.
(d) In the city of
collared according to the provisions of this chapter shall be
fined fifty dollars ($50.00) for the
first offense, one hundred dollars ($100) for the second
offense and one hundred fifty dollars
($150) for the third and subsequent
offenses.
SECTION 2. This act shall take effect upon passage.
=======
LC02302
=======