|
2002 -- S 2874 | |
|
======= | |
|
LC02736 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2002 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DOGS | |
|
|
|
|
|
|
|
Introduced By: Senators Cote, and Badeau | |
|
Date Introduced: March 12, 2002 | |
|
Referred To: Senate Corporations | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Sections 4-13-1, 4-13-1.1 and 4-13-4 of the General Laws in Chapter 4-13 |
|
1-2 |
entitled "Dogs" are hereby amended to read as follows: |
|
1-3 |
4-13-1. Regulatory ordinances -- Enforcement and penalties. -- (a) City or town |
|
1-4 |
councils may make any ordinances concerning dogs in their cities or towns as they deem |
|
1-5 |
expedient, to be enforced by the destruction or disposition of the animal, or by pecuniary |
|
1-6 |
penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen dollars |
|
1-7 |
($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00) for the |
|
1-8 |
third and any subsequent offense within a year to be recovered by action of debt, or by complaint |
|
1-9 |
and warrant, to use as that city council or town council may prescribe. |
|
1-10 |
(b) (1) Barrington town council is authorized to enact an ordinance: |
|
1-11 |
(i) Permitting the animal control officer in the town to issue citations to the owners of |
|
1-12 |
dogs for violation of any animal control ordinance which may be paid by mail and; |
|
1-13 |
(ii) To prescribe pecuniary penalties as follows: |
|
1-14 |
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
|
1-15 |
calendar year; |
|
1-16 |
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a |
|
1-17 |
calendar year; |
|
1-18 |
(C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent |
|
1-19 |
offense within a calendar year. |
|
2-1 |
(2) Bristol town council is authorized to enact an ordinance permitting the dog officer in |
|
2-2 |
that town to issue citations to the owners of dogs for the violation of any dog ordinance which |
|
2-3 |
may be paid by mail, and to prescribe pecuniary penalties as follows: |
|
2-4 |
(i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a |
|
2-5 |
calendar year; |
|
2-6 |
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar |
|
2-7 |
year; |
|
2-8 |
(iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
|
2-9 |
offense within a calendar year. |
|
2-10 |
(3) Coventry town council is authorized to enact ordinances permitting the dog officer in |
|
2-11 |
the town to issue citations to the owners of dogs for the violation of any dog ordinance which |
|
2-12 |
may be paid by mail. |
|
2-13 |
(4) (i) Cumberland town council may prescribe pecuniary penalties as follows: |
|
2-14 |
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
|
2-15 |
year; |
|
2-16 |
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
|
2-17 |
year; |
|
2-18 |
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
2-19 |
within a calendar year. |
|
2-20 |
(ii) The town council of the town of Cumberland is authorized to enact an ordinance |
|
2-21 |
permitting the animal control officer or any police officer in that town to issue citations to the |
|
2-22 |
owners of dogs for the violation of any dog ordinance which may be paid by mail. |
|
2-23 |
(iii) The town council of the town of Cumberland is authorized to enact an ordinance |
|
2-24 |
establishing the expense of the impoundment of dogs as determined by the town council and |
|
2-25 |
providing for the payment to the town of the impoundment expense by the dog owner prior to |
|
2-26 |
removal of the dog from the pound. |
|
2-27 |
(5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary |
|
2-28 |
penalties as follows: |
|
2-29 |
(i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar |
|
2-30 |
year; |
|
2-31 |
(ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar |
|
2-32 |
year; |
|
2-33 |
(iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each |
|
2-34 |
subsequent offense within a calendar year. |
|
3-1 |
(6) Jamestown town council may prescribe pecuniary penalties as follows: |
|
3-2 |
(i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a |
|
3-3 |
calendar year; |
|
3-4 |
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar |
|
3-5 |
year; |
|
3-6 |
(iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
|
3-7 |
offense within a calendar year. |
|
3-8 |
(7) (i) Middletown may prescribe pecuniary penalties as follows: |
|
3-9 |
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
|
3-10 |
year; |
|
3-11 |
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
|
3-12 |
year; |
|
3-13 |
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
3-14 |
within a calendar year. |
|
3-15 |
(ii) The Middletown town council is authorized to enact an ordinance permitting the dog |
|
3-16 |
officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance |
|
3-17 |
which may be paid by mail. |
|
3-18 |
(8) Narragansett town council is authorized to enact an ordinance: |
|
3-19 |
(i) Permitting the animal control officer in the town to issue citations to the owners of |
|
3-20 |
dogs for the violation of any animal control ordinance which may be paid by mail; and |
|
3-21 |
(ii) Establishing the expense of the impoundment of dogs as determined by the town |
|
3-22 |
council and providing for the payment to the town impoundment expense by the dog owner prior |
|
3-23 |
to removal of the dog from the pound; and |
|
3-24 |
(iii) Prescribing pecuniary penalties as follows: |
|
3-25 |
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
|
3-26 |
calendar year; |
|
3-27 |
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a |
|
3-28 |
calendar year; |
|
3-29 |
(C) A fine of not more than seventy-five dollars ($75.00) for the third and each |
|
3-30 |
subsequent offense within a calendar year. |
|
3-31 |
(9) Newport city council is authorized to enact an ordinance: |
|
3-32 |
(i) Permitting the animal control officer, and his or her agents, in that city to issue |
|
3-33 |
citations to the owners of dogs for violation of any animal control ordinance which may be paid |
|
3-34 |
by mail; |
|
4-1 |
(ii) To prescribe pecuniary penalties as follows: |
|
4-2 |
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
|
4-3 |
calendar year; |
|
4-4 |
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a |
|
4-5 |
calendar year; |
|
4-6 |
(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
|
4-7 |
offense within a calendar year. |
|
4-8 |
(10) North Providence town council is authorized to enact an ordinance permitting the |
|
4-9 |
animal control officer in that town to issue citations to the owners of dogs for the violation of any |
|
4-10 |
dog ordinance which may be paid by mail. |
|
4-11 |
(11) (i) Portsmouth may prescribe pecuniary penalties as follows: |
|
4-12 |
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
|
4-13 |
year; |
|
4-14 |
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
|
4-15 |
year; |
|
4-16 |
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
4-17 |
within a calendar year. |
|
4-18 |
(ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog |
|
4-19 |
officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance |
|
4-20 |
which may be paid by mail. |
|
4-21 |
(iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed |
|
4-22 |
dogs which may be kept at any single family residence other than a breeding kennel licensed |
|
4-23 |
under section 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding |
|
4-24 |
twenty-five dollars ($25.00). |
|
4-25 |
(12) Richmond town council may prescribe pecuniary penalties as follows: |
|
4-26 |
(i) A fine not exceeding ten dollars ($10.00) for the first offense within one year; |
|
4-27 |
(ii) A fine not exceeding twenty-five dollars ($25.00) for the second offense within one |
|
4-28 |
year of the first offense; |
|
4-29 |
(iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
4-30 |
within one year of the first offense. |
|
4-31 |
(13) (i) Scituate town council may prescribe pecuniary penalties as follows: |
|
4-32 |
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
|
4-33 |
year; |
|
4-34 |
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
|
5-1 |
year; |
|
5-2 |
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
5-3 |
within a calendar year. |
|
5-4 |
(ii) Scituate town council is authorized to enact ordinances permitting the dog officer in |
|
5-5 |
the town to issue citations to the owners of dogs for the violation of any dog ordinance which |
|
5-6 |
may be paid by mail. |
|
5-7 |
(14) (i) Smithfield town council may prescribe pecuniary penalties as follows: |
|
5-8 |
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
|
5-9 |
year; |
|
5-10 |
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
|
5-11 |
year; |
|
5-12 |
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
5-13 |
within a calendar year. |
|
5-14 |
(ii) The Smithfield town council is authorized to enact an ordinance permitting the |
|
5-15 |
animal control warden in the town to issue citations which may be paid by mail to the owners of |
|
5-16 |
dogs for the violation of any dog ordinance in that town. |
|
5-17 |
(15) Tiverton town council may prescribe pecuniary penalties as follows: |
|
5-18 |
(i) A fine not exceeding twenty-five dollars ($25.00) for the first offense; |
|
5-19 |
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense; |
|
5-20 |
(iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
|
5-21 |
offense. |
|
5-22 |
(16) Warwick city council may prescribe pecuniary penalties as follows: |
|
5-23 |
(i) A fine not exceeding fifteen dollars ($15.00) for the first offense within a calendar |
|
5-24 |
year; |
|
5-25 |
(ii) A fine not exceeding twenty-five dollars ($25.00) for the second offense within a |
|
5-26 |
calendar year; |
|
5-27 |
(iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
|
5-28 |
within a calendar year. |
|
5-29 |
(17) Westerly town council is authorized to enact an ordinance: |
|
5-30 |
(i) Permitting the animal control officer in the town to issue citations to the owners of |
|
5-31 |
dogs for the violation of any animal control ordinance which may be paid by mail; and |
|
5-32 |
(ii) Establishing the expense of the impoundment of dogs as determined by the town |
|
5-33 |
council and providing for the payment to the town of the impoundment expense by the dog owner |
|
5-34 |
prior to removal of the dog from the pound; and |
|
6-1 |
(iii) Prescribe pecuniary penalties as follows: |
|
6-2 |
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
|
6-3 |
calendar year; |
|
6-4 |
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a |
|
6-5 |
calendar year; |
|
6-6 |
(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
|
6-7 |
offense within a calendar year. |
|
6-8 |
(18) West Greenwich town council is authorized to enact an ordinance: |
|
6-9 |
(i) Permitting the animal control officer in the town to issue citations to the owners of |
|
6-10 |
dogs for the violation of any animal control ordinance which may be paid by mail; and |
|
6-11 |
(ii) Establishing the expense of the impoundment of dogs as determined by the town |
|
6-12 |
council and providing for the payment to the town of the impoundment expense by the dog owner |
|
6-13 |
prior to removal of the dog from the pound; and |
|
6-14 |
(iii) Prescribe pecuniary penalties as follows: |
|
6-15 |
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
|
6-16 |
calendar year; |
|
6-17 |
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a |
|
6-18 |
calendar year; |
|
6-19 |
(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
|
6-20 |
offense within a calendar year. |
|
6-21 |
(19) The town council of the town of Exeter is authorized to enact any ordinance |
|
6-22 |
prescribing fines and penalties, in addition to those otherwise allowed by law, as follows: |
|
6-23 |
(i) Providing a fine of up to twenty-five dollars ($25.00) for the first offense; |
|
6-24 |
(ii) Providing a fine of up to one hundred dollars ($100) for the second offense; and |
|
6-25 |
(iii) Providing a fine of up to two hundred dollars ($200) for the third and for any |
|
6-26 |
subsequent offenses within a one year period. In addition thereto, the town may require proof of |
|
6-27 |
owners liability insurance for a twelve (12) month period insuring against injury and damages |
|
6-28 |
caused by the dog. Such insurance shall be in the amount of one hundred thousand dollars |
|
6-29 |
($100,000) and shall name the town as a named insured for the purposes of notice. |
|
6-30 |
(20) West Warwick town council may prescribe pecuniary penalties as follows: |
|
6-31 |
(i) A fine not exceeding fifteen dollars ($15.00) for the first offense; |
|
6-32 |
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense; |
|
6-33 |
(iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
|
6-34 |
offense. |
|
7-1 |
(21) Woonsocket city council is authorized to enact an ordinance: |
|
7-2 |
(i) Permitting the animal control office of the city to issue citations to the owners of dogs |
|
7-3 |
for the violation of any animal control ordinance which may be paid by mail; and |
|
7-4 |
(ii) Establishing the expense of the impoundment of dogs as determined by the city |
|
7-5 |
council and providing for the payment to the city for the impoundment expense by the dog owner |
|
7-6 |
prior to removal of the dog from the pound; and |
|
7-7 |
(iii) Prescribe pecuniary penalties as follows: |
|
7-8 |
(A) A fine of not more than fifty dollars ($50.00) for the first offense within a calendar |
|
7-9 |
year; |
|
7-10 |
(B) A fine of not more than one hundred dollars ($100) for the second offense within a |
|
7-11 |
calendar year; |
|
7-12 |
(C) A fine of not more than one hundred fifty dollars ($150) for the third and each |
|
7-13 |
subsequent offense within a calendar year. |
|
7-14 |
4-13-1.1. |
|
7-15 |
|
|
7-16 |
dog ordinance. – (a) Notwithstanding any other provisions of this section or the general laws to |
|
7-17 |
the contrary, the town councils of the towns of Portsmouth, West Warwick and Middletown may, |
|
7-18 |
by ordinance, provide that the owner or keeper of any dog that assaults any person shall be fined |
|
7-19 |
an amount not less than one hundred dollars ($100) nor more than two hundred dollars ($200) to |
|
7-20 |
be used as that city or town council may prescribe. However, this fine shall not be imposed unless |
|
7-21 |
the officer responsible for enforcement of that ordinance has conducted an investigation of the |
|
7-22 |
assault and has certified that the dog was off the property of its owner or keeper and at large at the |
|
7-23 |
time the assault occurred or that the assault resulted from the negligence of the owner or keeper. |
|
7-24 |
(b) In the city of Woonsocket an owner shall not be declared negligent if an injury or |
|
7-25 |
damage is sustained by a person who, at the time that injury or damage was sustained, was |
|
7-26 |
committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, or |
|
7-27 |
was teasing, tormenting, provoking, abusing or assaulting the dog or was committing or |
|
7-28 |
attempting to commit a crime. |
|
7-29 |
4-13-4. Dog licenses -- Fees -- Penalties. -- (a) (1) Every owner or keeper of a dog shall |
|
7-30 |
annually in April obtain a license effective May 1 in the office of the city or town clerk of the city |
|
7-31 |
or town in which the owner or keeper resides. |
|
7-32 |
(2) The fees for the license shall be five dollars ($5.00). |
|
7-33 |
(3) No city or town shall issue any license under this section unless the dog has been |
|
7-34 |
inoculated against rabies for the period of time which the license would be valid. |
|
8-1 |
(4) All licenses issued under the provisions of this chapter shall be valid in every city or |
|
8-2 |
town during the then current year. |
|
8-3 |
(5) Any person who becomes the owner or keeper of a dog shall obtain a license within |
|
8-4 |
thirty (30) days after he or she becomes the owner or keeper. |
|
8-5 |
(6) (i) The Cumberland town clerk may issue a license renewable every two (2) years for |
|
8-6 |
a licensing fee of six dollars ($6.00). |
|
8-7 |
(ii) Glocester town council may provide for an annual licensing fee of fourteen dollars |
|
8-8 |
($14.00) for all dogs except spayed or neutered females and males and for an annual licensing fee |
|
8-9 |
of seven dollars ($7.00) for spayed or neutered female and male dogs. |
|
8-10 |
(iii) Jamestown town council may provide by ordinance for an annual licensing fee not |
|
8-11 |
to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars |
|
8-12 |
($25.00) for unneutered dogs. |
|
8-13 |
(iv) Newport city council may, however, provide by ordinance for an annual licensing |
|
8-14 |
fee of five dollars ($5.00) for all dogs except unspayed females and for an annual licensing fee of |
|
8-15 |
ten dollars ($10.00) for unspayed females. |
|
8-16 |
(v) North Smithfield town council may provide by ordinance for an annual licensing fee |
|
8-17 |
of five dollars ($5.00) for all dogs. |
|
8-18 |
(vi) (A) South Kingstown town council may provide for an annual licensing fee of |
|
8-19 |
twelve dollars ($12.00) for all dogs except spayed or neutered females and male dogs and for an |
|
8-20 |
annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs. |
|
8-21 |
(B) The South Kingstown town council may assess an impound fee. |
|
8-22 |
(vii) (A) Westerly town council may provide by ordinance for an annual license fee of |
|
8-23 |
ten dollars ($10.00) for unspayed female dogs and unneutered male dogs; |
|
8-24 |
(B) May provide for a fee of one dollar ($1.00) for the replacement of lost dog tags; |
|
8-25 |
(C) May provide that no fee be charged to license guide dogs used by persons with |
|
8-26 |
disabilities; |
|
8-27 |
(D) May provide for the number of licensed dogs which may be kept at any single- |
|
8-28 |
family residence, other than a breeding kennel; and |
|
8-29 |
(E) May provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for |
|
8-30 |
violations. |
|
8-31 |
(viii) Woonsocket city council may provide by ordinance for an annual licensing fee of |
|
8-32 |
five dollars ($5.00) for all dogs. |
|
8-33 |
(ix) (A) West Warwick town council may provide by ordinance for an annual license fee |
|
8-34 |
of seven dollars ($7.00) for each neutered male or spayed female and fifteen dollars ($15.00) for |
|
9-1 |
each unneutered male and unspayed female. |
|
9-2 |
(B) May provide by ordinance for a payment of a two dollars ($2.00) fee for duplicate or |
|
9-3 |
for replacement tags. |
|
9-4 |
(b) Every person, owning or keeping a dog not licensed and/or collared according to the |
|
9-5 |
provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the |
|
9-6 |
city or town, and that fine shall be in addition to all other lawful fees. |
|
9-7 |
(c) Any city or town may waive the fee to be charged to license guide dogs used by |
|
9-8 |
persons with disabilities. |
|
9-9 |
(d) In the city of Woonsocket, every person owning or keeping a dog not licensed and/or |
|
9-10 |
collared according to the provisions of this chapter shall be fined fifty dollars ($50.00) for the |
|
9-11 |
first offense, one hundred dollars ($100) for the second offense and one hundred fifty dollars |
|
9-12 |
($150) for the third and subsequent offenses. |
|
9-13 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC02736 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DOGS | |
|
*** | |
|
10-1 |
This act would allow the city of Woonsocket to permit its animal control office to issue |
|
10-2 |
citations to dog owners who violate city ordinances which could be paid by mail. This act would |
|
10-3 |
also codify the fines to be levied on dog owners and dog keepers who have unlicensed or |
|
10-4 |
uncollared dogs. |
|
10-5 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC02736 | |
|
======= | |