2012 -- S 2035 SUBSTITUTE A

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LC00065/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS

     Introduced By: Senators Tassoni, Lynch, Perry, and Pinga

     Date Introduced: January 11, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-13-1.2 of the General Laws in Chapter 4-13 entitled "Dogs" is

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hereby amended to read as follows:

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     4-13-1.2. Definitions. -- (1) "Board" means the rabies control board.

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      (2) "Department" means the department of environmental management or its successor.

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      (3) "Director" means the director of the department of environmental management (or its

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successor) or his or her designee.

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      (4) "Division" means the division of agriculture.

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      (5) "Livestock" means domesticated animals which are commonly held in moderate

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contact with humans which include, but are not limited to, cattle, bison, equines, sheep, goats,

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llamas, and swine.

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      (6) "Owner or keeper" means any person or agency keeping, harboring or having charge

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or control of or responsibility for control of an animal or any person or agency which permits any

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dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This

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term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet

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shop, or animal shelter.

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      (7) "Person" means an individual, firm, joint stock company, partnership, association,

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private or municipal corporation, trust, estate, state, commission, political subdivision, any

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interstate body, the federal government or any agency or subdivision of the federal government,

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other government entity, or other legal entity.

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      (8) "Pets" means domesticated animals kept in close contact with humans, which

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include, but may not be limited to dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.

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      (9) "Quarantine" means the removal, isolation, the close confinement or related measures

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of an animal under conditions and for time periods that are set by regulation of the board.

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      (10) "Guardian" shall mean means a person(s) having the same rights and

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responsibilities of an owner, keeper and both terms shall as an owner or keeper, and the terms

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may be used interchangeably. A guardian shall also mean a person who possesses, has title to or

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an interest in, harbors or has control, custody or possession of an animal and who is responsible

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for an animal's safety and well-being.

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     (11) "Tether" means the practice of fastening a dog to a stationary object or stake by a

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chain, rope or other tethering device as a means of keeping the dog under control. A dog being

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walked on a leash is not tethered.

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     SECTION 2. Chapter 4-13 of the General Laws entitled "Dogs" is hereby amended by

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adding thereto the following section:

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     4-13-42. Care of dogs. -- (a) It shall be a violation of this section for an owner or keeper

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to:

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     (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

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area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6’) radius at

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ground level.

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     (2) Tether a dog with a choke-type collar or prong-type collar.

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     (3) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour

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period or keep any dog confined in a pen, cage or other shelter for more than fourteen (14) hours

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during any twenty-four (24) hour period.

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     (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog

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with adequate feed, adequate water, or adequate veterinary care as those terms are defined in

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section 4-19-2; provided however, that adequate veterinary care may be provided by an owner

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using acceptable animal husbandry practices.

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     (c) Any person in violation of this section shall be given a warning for a first violation.

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Second and subsequent violations of this subsection can be considered a violation of section 4-1-

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2. Each day of violation shall constitute a separate offense.

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     (d) The provisions of this section shall not apply:

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     (1) If the tethering or confinement is authorized for medical reasons in writing by a

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veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is

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provided;

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     (2) If tethering or confinement is authorized in writing by an animal control officer;

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     (3) To a training facility, grooming facility, commercial boarding kennel, pet shop

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licensed in accordance with chapter 4-19, animal shelter, municipal pound or veterinary facility;

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     (4) To licensed hunters, field trial participants or any person raising or training a gun dog

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or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively

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engaged in hunting, training or field trial hunt testing or is transporting the dog to or from an

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event;

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     (5) To livestock farmers who use their dogs to protect their livestock from predators;

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     (6) To an exhibitor holding a class C license under the Animal Welfare Act, (7 U.S.C.

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2133) that are temporarily in the state; or

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     (7) To sled dog owners who are actively training their dogs to pull sleds in winter

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conditions.

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     (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11)

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months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or

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both. Each day of violation shall constitute a separate offense.

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     (f) General agents or special agents of the Rhode Island Society for the Prevention of

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Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in

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cooperation with animal control officers.

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     SECTION 3. Section 4-19-2 of the General Laws in Chapter 4-19 entitled "Animal Care"

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is hereby amended to read as follows:

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     4-19-2. Definitions. -- As used in this chapter, chapter 13 of this title, and the regulations

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promulgated under this chapter:

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      (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

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(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

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maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

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sanitized receptacle, dish, or container.

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      (2) "Adequate water" means a constant access to a supply of clean, fresh, potable water

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provided in a sanitary manner or provided at suitable intervals for the species and not to exceed

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twenty-four (24) hours at any interval.

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     (3) “Adequate veterinary care” means care by a licensed veterinarian sufficient to prevent

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the animal from experiencing unnecessary or unjustified physical pain or suffering.

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     (3)(4) "Adopt" means when an adopting party voluntarily acquires and assumes

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responsibility for a dog or a cat from a releasing agency.

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      (4)(5) "Adopting party" means any person who enters into a contract acquiring a dog or

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cat from a releasing agency.

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      (5)(6) "Ambient temperature" means the temperature surrounding the animal.

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      (6)(7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

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warm-blooded vertebrate amphibian, fish or reptile but shall not include horses, cattle, sheep,

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goats, swine, and domestic fowl.

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      (7)(8) "Animal shelter" means a facility which is used to house or contain animals and

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which is owned, operated, or maintained by a duly incorporated humane society, animal welfare

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society, society for the prevention of cruelty to animals, or other nonprofit organization devoted

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to the welfare, protection, and humane treatment of animals.

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      (8)(9) "Breeder" means a person engaged in the propagation of purebred dogs and/or cats

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for the purpose of improving and enhancing a breed recognized and registered by the American

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kennel club, American field stud book, or a registered cat breed association.

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      (9)(10) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

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exchange, or donate animals to another dealer, pet shop, or research facility, or who breeds dogs

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and/or cats for the purpose of selling or donating to another dealer or pet shop, or research

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facility.

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      (10)(11) "Director" means the director of environmental management of the state of

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Rhode Island.

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      (11)(12) "Dog officer" means any person employed, contracted or appointed by the state

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or any political subdivision of the state for the purpose of aiding in the enforcement of this

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chapter or any other law, or ordinance relating to the licensing of dogs, cats or other animals, the

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control of dogs, cats or other animals, or the seizure and impoundment of dogs, cats or other

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animals and includes any state or municipal peace officer, animal control officer, sheriff,

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constable or other employee whose duties in whole or in part include assignments which involve

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the seizure or taking into custody of any dog, cat or other animal.

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      (12)(13) "Euthanasia" means the humane destruction of an animal accomplished by a

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method that involves instantaneous unconsciousness and immediate death or by a method that

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involves anesthesia, produced by an agent which causes painless loss of consciousness, and death

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during that loss of consciousness.

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      (13)(14) "Hobby breeder" means those persons whose regular occupation is not the

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breeding and raising of dogs and cats and whose method of sale is at retail only.

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      (14)(15) "Housing facility" means any room, building, or area used to contain a primary

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enclosure or enclosures.

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      (15)(16) "Kennel" means a place or establishment other than a pound or animal shelter

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where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.

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      (16)(17) "Licensed releasing agency" means any animal shelter, animal rescue league,

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pound, dog pound, animal control facility, animal control officer, humane society, or society for

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the prevention of cruelty to animals which is required to be licensed with the director and is so

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licensed.

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      (17)(18) "Neuter" means to surgically render a male dog or cat unable to reproduce.

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      (18)(19) "Person" means any individual, partnership, firm, joint stock company,

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corporation, association, trust, estate, or other legal entity.

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      (19)(20) "Pet shop" means a temporary or permanent establishment where animals are

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bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

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not include an establishment or person whose total sales are the offspring of canine or feline

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females maintained on their premises and sold from those premises.

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      (20)(21) "Pound" or "dog pound" means a facility operated by a state, or any political

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subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

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abandoned or unwanted dogs, cats, and other animals or a facility operated for that purpose under

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a contract with any municipal corporation or incorporated society for the prevention of cruelty to

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animals.

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      (21)(22) "Primary enclosure" means any structure used to immediately restrict an animal

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or animals to a limited amount of space, as a room, pen, cage, compartment, or hutch.

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      (22)(23) "Public auction" means any place or location where dogs or cats are sold at

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auction to the highest bidder regardless of whether those dogs or cats are offered as individuals,

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as a group, or by weight.

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      (23)(24) "Research facility" means any place, laboratory or institution at which scientific

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tests, investigations or experiments, involving the use of living animals are carried out,

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conducted, or attempted.

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      (24)(25) "Sanitize" means to make physically clean and to remove and destroy to a

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practical minimum, agents injurious to health.

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      (25)(26) "Sexual maturity" means when a dog or cat reaches six (6) months. In all

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instances the licensed releasing agency will determine the age of the dog or cat.

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      (26)(27) "Spay" means to surgically render a female dog or cat unable to reproduce.

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      (27)(28) "State veterinarian" means a licensed veterinarian from the department of

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environmental management.

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      (28)(29) "Guardian" shall mean a person(s) having the same rights and responsibilities of

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an owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

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possesses, has title to or an interest in, harbors or has control, custody or possession of an animal

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and who is responsible for an animal's safety and well-being.

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     SECTION 4. This act shall take effect upon passage.

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LC00065/SUB A/3

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS

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     This act would limit the time a dog may be tethered during a twenty-four hour period and

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specified conditions which apply to living conditions of the dog.

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     This act would take effect upon passage.

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LC00065/SUB A/3

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