2013 -- H 5398

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LC01213

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

     Introduced By: Representatives Shekarchi, Baldelli-Hunt, Costantino, Serpa, and Ferri

     Date Introduced: February 13, 2013

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-19-1, 4-19-2, 4-19-8 and 4-19-9 of the General Laws in Chapter

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4-19 entitled "Animal Care" are hereby amended to read as follows:

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     4-19-1. Purpose. -- The purpose of this chapter is:

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      (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

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      (2) To insure that all warm-blooded vertebrate animals, as items of commerce are

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provided humane care and treatment by regulating the transportation, sale, purchase, housing,

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care, handling and treatment of these animals by persons or organizations engaged in

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transporting, buying, or selling them for commercial use;

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      (3) To insure that animals confined in pet shops, kennels, pet grooming facilities, animal

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shelters, auction markets, and pounds are provided humane care and treatment;

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      (4) To release for sale, trade or adoption only those animals which appear to be free of

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infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

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assured; and

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      (5) To ensure the spaying and neutering of dogs and cats which are adopted from a

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releasing agency.

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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

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

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

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from a releasing agency.

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

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

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Island.

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

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

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

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

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includes any state or municipal peace officer, animal control officer, sheriff, constable or other

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employee whose duties in whole or in part include assignments which involve the seizure or

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

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

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

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

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that loss of consciousness.

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

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

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

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

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

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

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association, trust, estate, or other legal entity.

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

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

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

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

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group, or by weight.

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

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minimum, agents injurious to health.

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

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

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

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

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environmental management.

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

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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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     (30) "Pet grooming facility" means a place or establishment where pets are bathed,

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cleaned, trimmed or maintained as a service in return for a fee.

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     4-19-8. Denial of certificates of registration or licenses. -- A certificate of registration

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may be denied to any pound or animal shelter and a license may be denied to any public auction,

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kennel, pet grooming facility, pet shop or dealer or, if granted, the certificate or license may be

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revoked by the director if, after a hearing, it is determined that the housing facilities and/or

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primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering,

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bathing, sanitizing and housing practices at the pound, animal shelter, public auction, pet shop,

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pet grooming facility or kennel are not consistent with the intent of this chapter or with the intent

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of the rules and regulations which may be promulgated pursuant to the authority of this chapter.

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     4-19-9. Operation of pet shop, kennel or public auction without a license. -- Any

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person who operates a pet shop, kennel, pet grooming facility or public auction without a

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currently valid license shall upon conviction for the first offense be punished by a fine not to

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exceed fifty dollars ($50.00) one hundred dollars ($100), for the second and subsequent offense

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by a fine not to exceed one hundred dollars ($100) one thousand dollars ($1,000).

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     SECTION 2. Chapter 4-19 of the General Laws entitled "Animal Care" is hereby

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amended by adding thereto the following section:

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     4-19-22. Pet grooming licenses. -- No person shall provide pet grooming facility service,

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as defined this chapter, after the first day of the fiscal year unless a license has been granted by

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the director to that person. Application for the license shall be made in the manner provided by

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the director. The license period is the fiscal year and the license fee is one hundred dollars ($100)

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for each license period or part beginning with the first day of the fiscal year.

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     SECTION 3. This act shall take effect upon passage.

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LC01213

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

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     This act would impose additional regulations on the operation of pet grooming facilities.

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     This act would take effect upon passage.

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LC01213

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