2024 -- S 2744

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LC005657

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DOGS

     Introduced By: Senators Ruggerio, LaMountain, Kallman, Euer, Valverde, and Murray

     Date Introduced: March 08, 2024

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-13-42 of the General Laws in Chapter 4-13 entitled "Dogs" is

hereby amended to read as follows:

     4-13-42. Care of dogs.

     (a) It shall be a violation of this section for an owner or keeper to:

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

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

ground level.

     (2) Tether a dog with a choke-type collar, head collar, or prong-type collar. The weight of

any chain or tether shall not exceed one-eighth (⅛) of the dog’s total body weight.

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

period or keep any dog confined in an area or primary enclosure for more than fourteen (14) hours

during any twenty-four-hour (24) period, and more than ten (10) hours during a twenty-four-hour

(24) period, if the area is not greater than that which is required under the most recently adopted

version of the department of environmental management’s rules and regulations governing animal

care facilities.

     (4) Tether a dog anytime from the hours of ten o’clock p.m. (10:00 p.m.) to six o’clock

a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.

     (5) Keep any dog outside, either tethered or otherwise confined, when the ambient

temperature is beyond the industry standard for the weather safety scale as set forth in the most

recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC).

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

adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-19-2;

provided however, that adequate veterinary care may be provided by an owner using acceptable

animal husbandry practices.

     (c) Exposing any dog to adverse weather conditions strictly for the purpose of conditioning

shall be prohibited.

     (d) The provisions of this section, as they relate to the duration and timeframe of tethering

or confinement, shall not apply:

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

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

provided;

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

sworn police officer assigned to the animal control division, for the purposes, including, but not

limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be

renewed annually. The written authorization issued by an animal control officer or duly sworn

police officer assigned to the animal control division in the political subdivision of the state where

the dogs are kept shall be considered valid in every other political subdivision of the state. The

written authorization issued by an animal control officer or duly sworn police officer assigned to

the animal control division in the political subdivision of the state where the dogs are kept is

revocable by that animal control officer or police officer if there are any conditions present that

warrant revocation. The conditions include, but are not limited to, changes in the number or type

of dogs, changes in the facility structure or safety, and changes in the health of the dog;

     (3) To any entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary

facility; or

     (4) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

     (5) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

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

2133) that are temporarily in the state, if authorized by the department of environmental

management (DEM).

     (7) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

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

months, or fined not less than fifty dollars ($50.00) one hundred dollars ($100) nor exceeding five

hundred dollars ($500) one thousand dollars ($1,000), or both. Each day of violation shall constitute

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a separate offense.

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

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

cooperation with animal control officers and the department of environmental management (DEM).

     SECTION 2. This act shall take effect upon passage.

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LC005657

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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 increase the penalty for violations of the care of dogs statute to a minimum

fine of one hundred dollars ($100) and a maximum fine of one thousand dollars ($1,000) per

violation.

     This act would take effect upon passage.

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LC005657

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