Chapter 475 |
2017 -- S 0349 Enacted 10/11/2017 |
A N A C T |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE |
Introduced By: Senators Archambault, Sosnowski, Conley, Coyne, and Miller |
Date Introduced: February 16, 2017 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 4-19-1, 4-19-2, 4-19-8, 4-19-9 and 4-19-12 of the General Laws in |
Chapter 4-19 entitled "Animal Care" are hereby amended to read as follows: |
4-19-1. Purpose. |
The purpose of this chapter is: |
(1) To protect the owners of dogs and cats from the sale or use of stolen pets; |
(2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed |
or registered under this chapter, are provided humane care and treatment by regulating the |
transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons |
or organizations engaged in transporting, handling, housing, and care of these animals; |
(3) To ensure that animals confined in pet shops, kennels, animal shelters, auction |
markets, breeding facilities, and pounds are provided humane care and treatment; |
(4) To release for sale, trade, or adoption only those animals that appear to be free of |
infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is |
assured; and |
(5) To ensure the spaying and neutering of dogs and cats that are adopted from a |
releasing agency. |
4-19-2. Definitions. |
As used in this chapter, chapter 13 of this title, and the regulations promulgated under |
this chapter: |
(1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four |
(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to |
maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a |
sanitized receptacle, dish, or container. |
(2)(3) "Adequate water" means a constant access to a sufficient supply of clean, fresh, |
potable water provided in a sanitary manner and provided at suitable intervals for the species to |
maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval. |
(3)(2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to |
prevent the animal from experiencing unnecessary or unjustified physical pain or suffering. |
(4) "Adopt" means when an adopting party voluntarily acquires and assumes |
responsibility for an animal from a releasing agency that is properly licensed or registered by the |
department. |
(5) "Adopting party" means any person who enters into a contract acquiring an animal |
from a releasing agency that is properly licensed or registered by the department. |
(6) "Ambient temperature" means the temperature surrounding the animal. |
(7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other |
warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep, |
goats, swine, and domestic fowl. |
(8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar |
facility, that is owned, operated, or maintained by a duly incorporated humane society, animal |
welfare society, society for the prevention of cruelty to animals, or other nonprofit organization |
devoted to the welfare, protection, and humane treatment of animals intended for adoption. |
(9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain |
animals and that is owned, operated, or maintained by a duly incorporated humane society, |
animal welfare society, society for the prevention of cruelty to animals, or other nonprofit |
organization devoted to the welfare, protection, and humane treatment of animals. |
(10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs |
and/or cats for the purpose of improving and enhancing a breed recognized and registered by the |
American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale |
at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below. |
(11) "Broker" means any third party who arranges, delivers, or otherwise facilitates |
transfer of ownership of animal(s), through adoption or fostering, from one party to another, |
whether or not the party receives a fee for providing that service and whether or not the party |
takes physical possession of the animal(s) at any point. |
(12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell, |
exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds |
animals for the purpose of selling or donating to another dealer or pet shop or research facility. |
(13) "Director" means the director of environmental management of the state of Rhode |
Island. |
(14) "Dog officer" or "animal-control officer" means any person employed, contracted, or |
appointed by the state, or any political subdivision of the state, for the purpose of aiding in the |
enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats, |
or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of |
dogs, cats, or other animals and includes any state or municipal peace officer, animal-control |
officer, sheriff, constable, or other employee whose duties, in whole or in part, include |
assignments that involve the seizure or taking into custody of any dog, cat, or other animal. |
(15) "Euthanasia" means the humane destruction of an animal accomplished by a method |
that involves instantaneous unconsciousness and immediate death or by a method that involves |
anesthesia, produced by an agent that causes painless loss of consciousness and death during that |
loss of consciousness. |
(16) "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. |
(17) "Hobby breeder" means those persons whose regular occupation is not the breeding |
and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not |
exceed the limits set forth in § 4-25-1(4). Any person who sells at retail a number in excess of the |
limits in the aforementioned section shall be considered a pet shop breeder. |
(18) "Housing facility" means any room, building, or area used to contain a primary |
enclosure or enclosures. |
(19) "Kennel" means a place or establishment, other than a pound or animal shelter, |
where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee. |
(20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound, |
animal-control officer, or broker that is required to be licensed or registered with the director |
pursuant to the provisions of this chapter and is so licensed or registered. |
(21) "Neuter" means to surgically render a male dog or cat unable to reproduce. |
(22) "Person" means any individual, partnership, firm, joint stock company, corporation, |
association, trust, estate, or other legal entity. |
(23) "Pet shop" means a temporary or permanent establishment where animals are |
bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall |
not include an establishment or person whose total sales are the offspring of canine or feline |
females maintained on their premises and sold from those premises and does not exceed the limits |
set forth in § 4-25-1(4). |
(24) "Pound" or "dog pound" means a facility operated by a state, or any political |
subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless, |
abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under |
a contract with any municipal corporation or incorporated society for the prevention of cruelty to |
animals. |
(25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal |
that will have the intended purpose or effect of containment of that animal or that will effectively |
restrict the liberty of the animal. |
(26) "Public auction" means any place or location where dogs or cats are sold at auction |
to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a |
group, or by weight. |
(27) "Research facility" means any place, laboratory, or institution at which scientific |
tests, investigations, or experiments, involving the use of living animals, are carried out, |
conducted, or attempted. |
(28) "Sanitize" means to make physically clean and to remove and destroy, to a practical |
minimum, agents injurious to health. |
(29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances, |
the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat. |
(30) "Spay" means to surgically render a female dog or cat unable to reproduce. |
(31) "State veterinarian" means a licensed veterinarian from the department of |
environmental management. |
4-19-8. Denial of certificates of registration or licenses. |
(a) A certificate of registration may be denied to any pound or animal shelter, rescue, |
broker, and a license may be denied to any public auction, kennel, breeder, pet shop, or dealer or, |
if granted, the certificate or license may be revoked by the director if, after a hearing, it is |
determined that the housing facilities and/or primary enclosures are inadequate for the purposes |
of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal |
shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or |
with the intent of the rules and regulations that may be promulgated pursuant to the authority of |
this chapter. |
(b) Upon revocation of a certificate of registration, all animals in the possession of the |
pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency |
for disposition. |
(c) Upon the revocation of a license, all animals in the possession of the public auction, |
kennel, pet shop, breeder, or dealer must be disposed of by the former licensee in a manner |
approved by the department. Such disposition must not be for profit and must occur in a |
timeframe that is determined by the department. Inspectors from the department or from the |
Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility |
where the animals being housed by the former licensee are being held until disposition so that the |
welfare of said animals can be assured. |
4-19-9. Operation of pet shop, kennel or public auction without a license. Operation |
as a pet shop, kennel, breeder or public auction without a license. |
Any person who operates as a pet shop, kennel, breeder, or public auction without a |
currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be |
punished pursuant to § 4-19-11.3. Each day of operation shall constitute a separate offense. |
Advertisement of services consistent with the operation of a pet shop, kennel, or public auction |
shall be sufficient evidence of operation of a pet shop, kennel, breeder, or public auction as |
applicable. |
4-19-12. Disposition of animals. |
(a) Notwithstanding any provision of the general or public laws to the contrary, it shall be |
unlawful to dispose of any animal by using a carbon monoxide chamber or gas chamber. All |
animals that must be disposed of by a municipal pound or shelter, the humane society, an animal |
shelter, rescue, pet shop, breeder, kennel, or any other entity that is required to be licensed or |
registered under this chapter must be disposed of by lethal injection. In the event of an |
emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion |
of the animal-control officer, animal-control administrator, approved humane investigator, animal |
shelter employee, or agent of any other entity so required to be licensed under the provisions of |
this chapter, the animal is so severely injured, diseased, or suffering in such a manner the animal |
cannot otherwise be humanely destroyed in an expeditious manner, the animal may be destroyed |
by shooting; provided, that: |
(1) Maximum precaution is taken to minimize the animal's suffering and to protect other |
persons and animals; |
(2) The animal is restrained in a humane manner; |
(3) Shooting is performed by highly skilled and trained personnel utilizing a weapon, |
ammunition of suitable caliber, and other characteristics, and proper placement of the shot to |
produce an instantaneous death by a single gunshot. |
If any type of restraint or confinement is deemed necessary for the safety of those |
involved, or for efficiency in euthanizing the animal, it must be done in the most humane way |
possible to cause the least amount of additional stress to that animal. |
(b) (1) No dog officer shall give or sell, or negotiate for the gift or sale, to a dealer or |
research facility of any animal that may come into his or her custody in the course of carrying out |
his or her official assignments. |
(2) No dog officer shall be granted a dealer's license. Each application for a dealer's |
license shall include a statement made under oath, that neither the applicant, nor any member or |
employee of the firm, partnership, or corporation making application, is a dog officer within the |
meaning of this chapter. |
(3) A dog officer, or other licensed releasing agency, upon taking custody of any animal |
in the course of his, her, or its official duties, shall immediately make a record of the matter in the |
manner prescribed by the director and the record shall include a description of the animal, |
including: color, breed, sex, reason for seizure, location of seizure, the owner's name and address |
if known, and all license or other identification numbers if any. Complete information relating to |
the disposition of the animal, including compliance with the provisions of §§ 4-19-16 and 4-19- |
18 and any legal actions taken to uphold and enforce this law, shall be added in the manner |
provided by the director immediately after disposition. The information shall be forwarded |
monthly to the department of environmental management. |
(c) This section shall not apply to any research laboratories or facilities of any hospital, |
college, or university within the state. |
SECTION 2. Chapter 4-19 of the General Laws entitled "Animal Care" is hereby |
amended by adding thereto the following section: |
4-19-5.1. Breeder licenses. |
No person shall act as a breeder, as defined in §4-19-2, unless in possession of a valid |
license to operate as a breeder granted by the director. Application for that license shall be made |
in the manner provided by the director. The license period is the state's fiscal year and the license |
fee is one hundred dollars ($100.00) for each license period or partial period beginning with the |
first day of the fiscal year. |
SECTION 3. This act shall take effect upon passage. |
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LC001096 |
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