2024 -- S 3120 | |
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LC006194 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DOGS | |
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Introduced By: Senator E Morgan | |
Date Introduced: May 31, 2024 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 4-13-1 and 4-13-15 of the General Laws in Chapter 4-13 entitled |
2 | "Dogs" are hereby amended to read as follows: |
3 | 4-13-1. Regulatory ordinances — Enforcement and penalties. |
4 | (a) City or town councils may make any ordinances concerning dogs in their cities or towns |
5 | as they deem expedient, to be enforced by the destruction or disposition of the animal, or by |
6 | pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen |
7 | dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00) |
8 | for the third and any subsequent offense within a year to be recovered by action of debt, or by |
9 | complaint and warrant, to use as that city council or town council may prescribe. |
10 | (b)(1) Barrington town council is authorized to enact an ordinance: |
11 | (i) Permitting the animal control officer in the town to issue citations to the owners of dogs |
12 | for violation of any animal control ordinance which may be paid by mail; and |
13 | (ii) To prescribe pecuniary penalties as follows: |
14 | (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
15 | calendar year; |
16 | (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
17 | year; |
18 | (C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent |
19 | offense within a calendar year. |
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1 | (2)(i) Bristol town council is authorized to enact an ordinance permitting the dog officer in |
2 | that town to issue citations to the owners of dogs for the violation of any dog ordinance which may |
3 | be paid by mail, and to prescribe pecuniary penalties as follows: |
4 | (A) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar |
5 | year; |
6 | (B) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar |
7 | year; |
8 | (C) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
9 | offense within a calendar year. |
10 | (ii) The Bristol town council may by ordinance prescribe the number of licensed dogs and |
11 | their breeds which may be kept at any single-family residence other than a breeding kennel licensed |
12 | under § 4-13-10, and may enforce those ordinances by pecuniary penalties not exceeding two |
13 | hundred fifty dollars ($250). |
14 | (3) Coventry town council is authorized to enact ordinances permitting the dog officer in |
15 | the town to issue citations to the owners of dogs for the violation of any dog ordinance which may |
16 | be paid by mail. |
17 | (4)(i) Cumberland town council may prescribe pecuniary penalties as follows: |
18 | (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
19 | year; |
20 | (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
21 | year; |
22 | (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
23 | within a calendar year. |
24 | (ii) The town council of the town of Cumberland is authorized to enact an ordinance |
25 | permitting the animal control officer or any police officer in that town to issue citations to the |
26 | owners of dogs for the violation of any dog ordinance which may be paid by mail. |
27 | (iii) The town council of the town of Cumberland is authorized to enact an ordinance |
28 | establishing the expense of the impoundment of dogs as determined by the town council and |
29 | providing for the payment to the town of the impoundment expense by the dog owner prior to |
30 | removal of the dog from the pound. |
31 | (5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary |
32 | penalties as follows: |
33 | (i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar year; |
34 | (ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar |
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1 | year; |
2 | (iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each |
3 | subsequent offense within a calendar year. |
4 | (6) Jamestown town council may prescribe pecuniary penalties as follows: |
5 | (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar |
6 | year; |
7 | (ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar |
8 | year; |
9 | (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
10 | offense within a calendar year. |
11 | (7)(i) Middletown may prescribe pecuniary penalties as follows for the violation of animal |
12 | control ordinances on any beach within the town of Middletown: |
13 | (A) A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the |
14 | calendar year; |
15 | (B) A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense |
16 | within a calendar year; |
17 | (C) A fine not exceeding two hundred dollars ($200) for the third (3rd) and each subsequent |
18 | offense within a calendar year. |
19 | (ii) Middletown may prescribe pecuniary penalties as follows for the violation of animal |
20 | control ordinances anywhere else within the town: |
21 | (A) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year; |
22 | (B) A fine not exceeding one hundred dollars ($100) for the second offense within a |
23 | calendar year; |
24 | (C) A fine not exceeding one hundred fifty dollars ($150) for the third and each subsequent |
25 | offense within a calendar year. |
26 | (iii) The Middletown town council is authorized to enact an ordinance permitting the dog |
27 | officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance |
28 | which may be paid by mail. |
29 | (8) Narragansett town council is authorized to enact an ordinance: |
30 | (i) Permitting the animal control officer in the town to issue citations to the owners of dogs |
31 | for the violation of any animal control ordinance which may be paid by mail; and |
32 | (ii) Establishing the expense of the impoundment of dogs as determined by the town |
33 | council and providing for the payment to the town of the impoundment expense by the dog owner |
34 | prior to removal of the dog from the pound; and |
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1 | (iii) Prescribing pecuniary penalties as follows: |
2 | (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
3 | calendar year; |
4 | (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
5 | year; |
6 | (C) A fine of not more than seventy-five dollars ($75.00) for the third and each subsequent |
7 | offense within a calendar year. |
8 | (9) Newport city council is authorized to enact an ordinance: |
9 | (i) Permitting the animal control officer, and his or her agents, in that city to issue citations |
10 | to the owners of dogs for violation of any animal control ordinance which may be paid by mail; |
11 | (ii) To prescribe pecuniary penalties as follows: |
12 | (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
13 | calendar year; |
14 | (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
15 | year; |
16 | (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
17 | offense within a calendar year. |
18 | (10) North Providence town council is authorized to enact an ordinance permitting the |
19 | animal control officer in that town to issue citations to the owners of dogs for the violation of any |
20 | dog ordinance which may be paid by mail. |
21 | (11)(i) Portsmouth may prescribe pecuniary penalties as follows: |
22 | (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
23 | year; |
24 | (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
25 | year; |
26 | (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
27 | within a calendar year. |
28 | (ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog |
29 | officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance |
30 | which may be paid by mail. |
31 | (iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed |
32 | dogs which may be kept at any single family residence other than a breeding kennel licensed under |
33 | § 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-five |
34 | dollars ($25.00). |
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1 | (12) The Richmond town council is authorized to enact ordinances: |
2 | (i) Establishing the following penalties for animal control offenses: |
3 | (A) A fine of not more than fifty dollars ($50.00) for the first offense within one year; |
4 | (B) A fine of not more than seventy-five dollars ($75.00) for the second offense within one |
5 | year of the first offense; |
6 | (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
7 | offense within one year of the first offense. |
8 | (ii) Permitting the animal control officer or any police officer to issue citations for violation |
9 | of any animal control ordinance punishable by a fine of five hundred dollars ($500) or less, and to |
10 | provide for payment of those fines by mail. |
11 | (13)(i) Scituate town council may prescribe pecuniary penalties as follows: |
12 | (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
13 | year; |
14 | (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
15 | year; |
16 | (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
17 | within a calendar year. |
18 | (ii) Scituate town council is authorized to enact ordinances permitting the dog officer in |
19 | the town to issue citations to the owners of dogs for the violation of any dog ordinance which may |
20 | be paid by mail. |
21 | (14)(i) Smithfield town council may prescribe pecuniary penalties as follows: |
22 | (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar |
23 | year; |
24 | (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
25 | year; |
26 | (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
27 | within a calendar year. |
28 | (ii) The Smithfield town council is authorized to enact an ordinance permitting the animal |
29 | control warden in the town to issue citations which may be paid by mail to the owners of dogs for |
30 | the violation of any dog ordinance in that town. |
31 | (15) Tiverton town council may prescribe pecuniary penalties as follows: |
32 | (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense; |
33 | (ii) A fine not exceeding fifty dollars ($50.00) for the second offense; |
34 | (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
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1 | offense. |
2 | (16) Warwick city council may prescribe pecuniary penalties as follows: |
3 | (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year; |
4 | (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a |
5 | calendar year; |
6 | (iii) A fine not exceeding two hundred dollars ($200) for the third and each subsequent |
7 | offense within a calendar year; and |
8 | (iv) A fine not exceeding three hundred dollars ($300) for the fourth and each subsequent |
9 | offense within a calendar year. |
10 | (17) Westerly town council is authorized to enact an ordinance: |
11 | (i) Permitting the animal control officer in the town to issue citations to the owners of dogs |
12 | for the violation of any animal control ordinance which may be paid by mail; and |
13 | (ii) Establishing the expense of the impoundment of dogs as determined by the town |
14 | council and providing for the payment to the town of the impoundment expense by the dog owner |
15 | prior to removal of the dog from the pound; and |
16 | (iii) Prescribe pecuniary penalties as follows: |
17 | (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
18 | calendar year; |
19 | (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
20 | year; |
21 | (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
22 | offense within a calendar year. |
23 | (18) West Greenwich town council is authorized to enact an ordinance: |
24 | (i) Permitting the animal control officer in the town to issue citations to the owners of dogs |
25 | for the violation of any animal control ordinance which may be paid by mail; and |
26 | (ii) Establishing the expense of the impoundment of dogs as determined by the town |
27 | council and providing for the payment to the town of the impoundment expense by the dog owner |
28 | prior to removal of the dog from the pound; and |
29 | (iii) Prescribe pecuniary penalties as follows: |
30 | (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
31 | calendar year; |
32 | (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
33 | year; |
34 | (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
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1 | offense within a calendar year. |
2 | (19) The town council of the town of Exeter is authorized to enact any ordinance |
3 | prescribing fines and penalties, in addition to those otherwise allowed by law, as follows: |
4 | (i) Providing a fine of up to twenty-five dollars ($25.00) for the first offense; |
5 | (ii) Providing a fine of up to one hundred dollars ($100) for the second offense; and |
6 | (iii) Providing a fine of up to two hundred dollars ($200) for the third and for any |
7 | subsequent offenses within a one-year period. In addition, the town may require proof of owners |
8 | liability insurance for a twelve-month (12) period insuring against injury and damages caused by |
9 | the dog. That insurance shall be in the amount of one hundred thousand dollars ($100,000) and |
10 | shall name the town as a named insured for the purposes of notice. |
11 | (20) West Warwick town council may prescribe pecuniary penalties as follows: |
12 | (i) A fine not exceeding fifteen dollars ($15.00) for the first offense; |
13 | (ii) A fine not exceeding fifty dollars ($50.00) for the second offense; |
14 | (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent |
15 | offense. |
16 | (21) Woonsocket city council is authorized to enact an ordinance: |
17 | (i) Permitting the animal control office of the city to issue citations to the owners of dogs |
18 | for the violation of any animal control ordinance which may be paid by mail; |
19 | (ii) Establishing the expense of the impoundment of dogs as determined by the city council |
20 | and providing for the payment to the city for the impoundment expense by the dog owner prior to |
21 | removal of the dog from the pound; and |
22 | (iii) Prescribing pecuniary penalties as follows: |
23 | (A) A fine of not more than fifty dollars ($50.00) for the first offense within a calendar |
24 | year; |
25 | (B) A fine of not more than one hundred dollars ($100) for the second offense within a |
26 | calendar year; |
27 | (C) A fine of not more than one hundred fifty dollars ($150) for the third and each |
28 | subsequent offense within a calendar year. |
29 | (22) Pawtucket city council is authorized to prescribe pecuniary penalties directly related |
30 | to its ordinance banning the owning or keeping of pit bulls in the city as follows: |
31 | (i) For a pit bull properly licensed according to the city ordinance: |
32 | (A) A fine not exceeding two hundred fifty dollars ($250) for the first offense; |
33 | (B) A fine not exceeding five hundred dollars ($500) on a second offense; |
34 | (C) A fine not exceeding one thousand dollars ($1,000) on a third offense. |
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1 | (ii) For a pit bull that is not licensed pursuant to the exceptions in the city ordinance: |
2 | (A) A fine not exceeding five hundred dollars ($500) on a first offense; |
3 | (B) A fine not exceeding one thousand dollars ($1,000) on a second or subsequent offense. |
4 | (iii) Notwithstanding any other provision of this section, Pawtucket may through its |
5 | municipal court impose a sentence of imprisonment not exceeding thirty (30) days in addition to |
6 | the fines in subsection (b)(22)(ii)(A) or (B). |
7 | (23)(i) The Lincoln town council is authorized to prescribe pecuniary penalties as follows: |
8 | (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
9 | calendar year; |
10 | (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
11 | year; |
12 | (C) A fine of not more than one hundred twenty-five dollars ($125) for the third and each |
13 | subsequent offense within a calendar year. |
14 | (ii) The Lincoln town council is authorized to enact an ordinance permitting the dog officer |
15 | and police officers in that town to issue citations to the owners of dogs for the violation of any dog |
16 | ordinance, which citation may be paid by mail. |
17 | (24) The East Providence city council is authorized to enact an ordinance permitting the |
18 | animal control officer or any police officer in that city to issue citations to persons in violation of |
19 | any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as follows: |
20 | (i) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar |
21 | year; |
22 | (ii) A fine of not more than sixty dollars ($60.00) for the second offense within a calendar |
23 | year; |
24 | (iii) A fine of not more than one hundred twenty dollars ($120) for the third offense within |
25 | a calendar year; and |
26 | (iv) A fine of not more than three hundred dollars ($300) for the fourth offense and any |
27 | subsequent offense within a calendar year. |
28 | (25) The Warren town council is authorized to enact an ordinance permitting the animal |
29 | control officer in the town to issue citations to the owners of animals for violation of any animal |
30 | control ordinance which may be paid by mail, and to prescribe pecuniary penalties as follows: |
31 | (i) A fine of not more than twenty-five dollars ($25.00) for the first offense within a |
32 | calendar year; |
33 | (ii) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar |
34 | year; |
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1 | (iii) A fine of not more than one hundred dollars ($100) for the third and each subsequent |
2 | offense within a calendar year. |
3 | (26) The Burrillville town council is authorized to enact an ordinance: |
4 | (i) Permitting the animal control officer in the town to issue citations to the owners of dogs |
5 | for the violation of any animal control ordinance which may be paid by mail; and |
6 | (ii) To prescribe penalties for violation of the provisions of revised general ordinances, |
7 | Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled “Animals”; and |
8 | (iii) Establishing an expense not to exceed ten dollars ($10.00) for the day during which |
9 | impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for |
10 | the payment to the town of the impoundment expense by the dog owner prior to removal of the dog |
11 | from the animal control facility. |
12 | (27) The Foster town council is authorized to enact ordinances permitting the dog officer |
13 | in the town to issue citations to the owners of dogs for the violation of any dog ordinance, which |
14 | may be paid by mail, and may prescribe pecuniary penalties as follows: |
15 | (i) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year; |
16 | (ii) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar |
17 | year; |
18 | (iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense |
19 | within a calendar year. |
20 | (28) The Hopkinton town council is authorized to enact ordinances permitting the dog |
21 | officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance, |
22 | which may be paid by mail, and may prescribe pecuniary penalties as follows: |
23 | (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year; |
24 | (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a |
25 | calendar year; |
26 | (iii) A fine not exceeding one hundred fifty dollars ($150) for the third and each subsequent |
27 | offense within a calendar year. |
28 | 4-13-15. Collaring of dogs — Impoundment and disposition of uncollared dogs. |
29 | (a) Every owner or keeper of a dog shall cause the dog to wear a collar around its neck |
30 | distinctly marked with its owner’s or keeper’s name and with its registered number. Any person |
31 | may cause any dog not so collared to be impounded in the public pound of the town or city where |
32 | the dog is found; and if the dog is not claimed by its owner or keeper within a period of five (5) |
33 | days after the impoundment, the dog may be disposed of or destroyed. The five (5) days shall not |
34 | include any day or part of a day that the public pound is not open for a specified period of time, not |
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1 | to be less than one-half (½) the normal hours of business, for the purpose of reclaiming any |
2 | impounded dog by its rightful owner. All periods of time shall be listed in a prominent location at |
3 | the entrance to all public pounds. The owner or keeper of any dog so impounded shall not take the |
4 | dog out of the pound until he or she has first paid to the poundkeeper the expense of keeping the |
5 | dog, that expense not to exceed two dollars ($2.00) per day and to be determined by the city or |
6 | town council in which impoundment occurs. The town council of the town of Glocester may, by |
7 | ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5) |
8 | days during which this impoundment occurs plus five dollars ($5.00) every day the animal is |
9 | detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the |
10 | dog has a current rabies shot pursuant to § 4-13-31, and further, the dog shall not be released from |
11 | the pound until all the provisions of this chapter and the ordinances of the city or town are complied |
12 | with. The provisions of this section relating to the five-day (5) waiting period shall not be deemed |
13 | to apply to any dog which, when impounded, was injured or maimed, and after the dog has been |
14 | examined by a licensed veterinarian who shall confirm, in writing, that the dog be destroyed for |
15 | humanitarian purposes. |
16 | The town of West Warwick may provide by ordinance an impounding fee of five dollars |
17 | ($5.00) per day and may provide by ordinance for a fee for the purposes of transferring ownership |
18 | or for the disposition of said animals according to law for each adult dog (six (6) months or older) |
19 | the sum of twenty dollars ($20.00) and for each puppy the sum of five dollars ($5.00) and for each |
20 | adult cat (six (6) months or older) the sum of ten dollars ($10.00). |
21 | (b) Any person violating the provisions of this section is subject to the penalty provisions |
22 | of § 4-1-2. |
23 | (c) Notwithstanding the provisions of subsection (a) the town council of the town of Exeter |
24 | may impose an initial impoundment fee of up to fifteen dollars ($15.00) plus two dollars ($2.00) |
25 | per day for each day of impoundment. |
26 | (d) Notwithstanding the provisions of subsection (a), the city council of the city of East |
27 | Providence is authorized to enact an ordinance imposing an initial impoundment fee of up to twenty |
28 | dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment. |
29 | (e) Notwithstanding the provisions of subsection (a), the town council of the town of |
30 | Richmond is authorized to enact an ordinance providing for an impoundment fee of not more than |
31 | twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee before |
32 | an impounded animal may be released to its owner. |
33 | (f) Notwithstanding the provisions of subsection (a) of this section, the Foster town council |
34 | is authorized to enact an ordinance providing for an impoundment fee of not more than fifteen |
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1 | dollars ($15.00) per day for any impounded animal, and requiring payment of the fee before an |
2 | impounded animal may be released to its owner. |
3 | (g) Notwithstanding the provisions of subsection (a) of this section, the Hopkinton town |
4 | council is authorized to enact an ordinance providing for an impoundment fee of not more than |
5 | twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee before |
6 | an impounded animal may be released to its owner. |
7 | SECTION 2. This act shall take effect upon passage. |
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LC006194 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DOGS | |
*** | |
1 | This act would permit the town council of the town of Hopkinton to enact ordinances which |
2 | increase the fines pertaining to the violation of any dog ordinance and also to increase the fee to be |
3 | paid before an animal in impoundment may be released to its owner. |
4 | This act would take effect upon passage. |
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LC006194 | |
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