2025 -- S 0928

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LC002364

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS

DOGS

     Introduced By: Senators Britto, Bissaillon, Ciccone, Gu, DiPalma, and Thompson

     Date Introduced: March 28, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 4-13.1 of the General Laws entitled "Regulation of

Vicious Dogs" is hereby amended to read as follows:

CHAPTER 4-13.1

Regulation of Vicious Dogs

CHAPTER 4-13.1

REGULATION OF DANGEROUS DOGS.

     SECTION 2. Sections 4-13.1-1, 4-13.1-2, 4-13.1-3, 4-13.1-4, 4-13.1-5, 4-13.1-7, 4-13.1-

8, 4-13.1-9, 4-13.1-11, 4-13.1-12 and 4-13.1-13 of the General Laws in Chapter 4-13.1 entitled

"Regulation of Vicious Dogs" are hereby amended to read as follows:

     4-13.1-1. Declaration of purpose.

     (a) It is declared that vicious dogs present have become a serious and widespread threat to

the safety and welfare of citizens of the state, in that vicious dogs and have in recent years assaulted

without provocation and seriously severely injured numerous individuals, particularly children, and

have killed numerous dogs and domestic animals. Many of these attacks have occurred in public

places.

     (b) The number and severity of these dog attacks are also often attributable to the failure

of owners to register, confine, and properly control vicious dangerous dogs.

     (c) It is further declared that the necessity for the regulation and control of vicious

dangerous dogs is a statewide problem, requiring statewide regulation, and that existing laws are

inadequate to deal with the threat to public health, and safety, and welfare posed by vicious

dangerous dogs.

     (d) It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance

a dog that has been declared dangerous without adhering to all restrictions and requirements

imposed by the hearing panel at the time the dog is declared dangerous is a nuisance and a continued

threat to the public health, safety and welfare.

     (e) It is further declared that because of the danger posed to the public, health, safety and

welfare by vicious dangerous dogs, this chapter constitutes an emergency measure providing for

the immediate preservation of the public health, safety and welfare.

     4-13.1-2. Definitions.

     As used in §§ 4-13.1-1 — 4-13.1-14, the following words and terms shall have the

following meanings, unless the context indicates another or different meaning or intent:

     (1) “Dangerous dog” means:

     (i) Any dog that, when unprovoked, in an aggressive or terrorizing manner, approaches any

person or domestic animal in apparent attitude of attack upon the streets, sidewalks, or any public

grounds or places or on private property other than premises occupied by the keeper of the dog;

     (ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to

cause injury, or to otherwise endanger the safety of human beings or domestic animals;

     (iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or

domestic animal without provocation on public or private property; or

     (iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any

dog trained for dog fighting that is deemed dangerous after it has been properly assessed by the

Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions

of § 4-13.1-5(d).

     Notwithstanding the definition of a dangerous dog in this subsection, no dog may be

declared dangerous in accordance with § 4-13.1-11 if an injury or damage is sustained by a person

who, at the time that injury or damage was sustained, was committing a trespass or other tort upon

premises occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking,

abusing, or assaulting the dog; or was committing, or attempting to commit, a crime; or until the

society for the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the

provisions of § 4-13.1-5(d).

     (v) No dog may be declared dangerous if an injury or damage was sustained by a domestic

animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking,

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abusing, or assaulting the dog. No dog may be declared dangerous if the dog was protecting or

defending a human being within the immediate vicinity of the dog from an unjustified attack or

assault.

     (vi) A dog that has been declared vicious following a hearing conducted pursuant to an

earlier version of this chapter.

     (1)(2) “Dog officer” means any person defined by the provisions of chapter 19 of this title.

     (2)(3) “Domestic animals” means animals that, through extremely long association with

humans, have been bred to a degree that has resulted in genetic changes affecting the temperament,

color, conformation, or other attributes of the species to an extent that makes them unique and

distinguishable from wild individuals of their species. Such animals may include, but are not

limited to:

     (i) Domestic dog (Canis familiaris);

     (ii) Domestic cat (Felis catus);

     (iii) Domestic horse (Equus caballus);

     (iv) Domestic ass, burro, and donkey (Equus asinus);

     (v) Domestic cattle (Bos taurus and Bos indicus);

     (vi) Domestic sheep (Ovi aries);

     (vii) Domestic goat (Capra hircus);

     (viii) Domestic swine (Sus scrofa domestica);

     (ix) Llama (lama alama);

     (x) Alpaca (lama pacos);

     (xi) Camels (Camelus bactrianus and Camel dromedarius);

     (xii) Domestic races of European rabbit (Oryctolagus cuniculus);

     (xiii) Domestic races of chickens (Callus gallus);

     (xiv) Domestic races of duck and geese (Anatidae) morphologically distinguishable from

wild birds;

     (xv) Domestic races of guinea fowl (Numida meleagris);

     (xvi) Domestic races of peafowl (Pavo scristatus).

     (3)(4) “Enclosed area” means an area surrounded by a fence that will prevent the dog from

leaving the owner’s property.

     (4)(5) “Enclosure” means a fence or structure of at least six feet (6′) in height, forming or

causing an enclosure suitable to prevent the entry of young children, and suitable to confine a

vicious dangerous dog in conjunction with other measures that may be imposed by the hearing

panel taken by the owner or keeper, such as tethering of the vicious dangerous dog. The enclosure

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shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be

designed to prevent the animal from escaping from the enclosure.

     (5)(6) “Guardian” shall mean a person(s) having the same rights and responsibilities of an

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

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

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

     (6)(7) “Impounded” means taken into the custody of the public pound in the city or town

where the vicious dangerous dog is found.

     (7)(8) “Leash” means a rope, cable, nylon strap, or other means attached to the dog not

exceeding three feet (3’) in length and which is of sufficient strength to maintain and control the

dog, taking into consideration the size and strength of the dog and that will provide the owner

handler the ability with to control of the dog.

     (8)(9) “Muzzle” means a device that shall not cause injury to the dog or interfere with its

vision or respiration but shall prevent the dog from biting a person or animal.

     (9)(10) “Person” means a natural person or any legal entity, including but not limited to, a

corporation, firm, partnership, or trust.

     (10)(11) “Serious injury” means any physical injury consisting of a broken bone(s) or

permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic

surgery.

     (11)(12) “Tie-out” means a cable, rope, light-weight chain, or other means attached to the

dog that will prevent the dog from leaving the owner’s property and which is of sufficient strength

to maintain such control taking into consideration the size and strength of the dog.

     (12) “Vicious dog” means:

     (i) Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any

person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

     (ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to

cause injury, or to otherwise endanger the safety of human beings or domestic animals;

     (iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or

domestic animal without provocation on public or private property; or

     (iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any

dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode

Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of § 

4-13.1-5(d).

     Notwithstanding the definition of a vicious dog in subsection (12), no dog may be declared

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vicious in accordance with § 4-13.1-11 if an injury or damage is sustained by a person who, at the

time that injury or damage was sustained, was committing a trespass or other tort upon premises

occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking, abusing, or

assaulting the dog; or was committing, or attempting to commit, a crime; or until the society for

the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions

of § 4-13.1-5(d).

     (v) No dog may be declared vicious if an injury or damage was sustained by a domestic

animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking,

abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or

defending a human being within the immediate vicinity of the dog from an unjustified attack or

assault.

     4-13.1-3. Requirements for registration.

     (a) No dog that has been declared vicious dangerous shall be licensed by any city or town

for any licensing period commencing after April 1986, unless the owner or keeper of that dog that

has been declared vicious dangerous meets any or all of the following requirements as may be

imposed by the hearing panel:

     (1) A panel convened pursuant to § 4-13.1-11 of this chapter and/or a judge of the district

court may require the owner or keeper to present to the city or town clerk or other licensing

authority proof that the owner or keeper has procured liability insurance in the amount of at least

one hundred thousand dollars ($100,000) on an occurrence basis, covering any damage or injury

which may be caused by the vicious dangerous dog during the twelve (12) month period for which

licensing is sought, which policy contains a provision requiring the city or town to be named as

additional insured for the sole purpose of the city or town clerk or other licensing authority where

that dog is licensed to be notified by the insurance company of any cancellation, termination,

material modification, or expiration of the liability insurance policy.

     (2) The owner or keeper shall, at his or her own expense, have a microchip implanted in a

dog that has been determined to be dangerous that contains the licensing number assigned to the

vicious dangerous dog and, or any other identification number that the city or town clerk or other

licensing authority determines,. A tattoo may be used as an alternative to a microchip if tattooed

upon the vicious dangerous dog by a licensed veterinarian or person trained as a tattooist and

authorized a licensed veterinarian or tattooist by any state, city or town police department. The

tattoo shall be placed on the upper inner left rear thigh of the vicious dangerous dog. The dog officer

may, in his or her discretion, designate the particular location of the tattoo. The licensing number

shall be noted on the city or town licensing files for the vicious dog, if it is different from the license

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number of the vicious dog. For the purposes of this section, tattoo shall be defined as any permanent

numbering of a vicious dangerous dog by means of indelible or permanent ink with the number

designated by the licensing authority, or any other permanent, acceptable method of tattooing. A

microchip may be used in lieu of a tattoo. Each city or town shall affix a two (2) letter prefix to the

identification number of any dog that has been declared dangerous in order to identify the particular

city or town where the dog was initially licensed.

     (3) The owner or keeper shall display a sign on his or her one or more signs on their

premises warning that there is a vicious dangerous dog on the premises. The A required sign shall

be visible and capable of being read from the all public highway thoroughfares abutting the

premises.

     (4) The owner or keeper shall sign a statement attesting that:

     (i) The owner or keeper shall maintain and not voluntarily cancel the liability insurance

required by this section during the twelve (12) month period for which licensing is sought, unless

the owner or keeper ceases to own or keep the vicious dangerous dog prior to expiration of the

license.

     (ii) The owner or keeper shall have an enclosure for the vicious dangerous dog on the

property where the vicious dangerous dog will be kept or maintained.

     (iii) The owner or keeper shall notify the police department or the dog officer within two

(2) hours if a vicious dangerous dog is on the loose, is unconfined, has attacked another animal or

has attacked a human being, or has died.

     (5) When the dog a dog that has been declared dangerous is off the owner’s property, it

shall be on a leash and/or muzzled.

     (6) When the dog is outdoors on the owner’s property, it must be on a leash and/or muzzled,

or tie-out, or in an enclosure or in an enclosed area which prevents its escape and which has been

inspected and approved by the dog officer.

     (b) A dog officer is empowered to make whatever inquiry is deemed necessary to ensure

compliance with this chapter, and any dog officer is empowered to seize and impound any vicious

dog that has previously been declared dangerous whose owner or keeper fails to comply with this

chapter.

     (c) In the event that the owner or keeper of the a dog that has previously been declared

dangerous refuses to surrender the animal dog to the dog officer, the dog officer may request a

police officer to obtain a search warrant from a justice of the district court and to seize the dog upon

execution of the warrant.

     (d) A dog that has been declared dangerous must be spayed or neutered unless a licensed

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veterinarian states in writing that the procedure would threaten the life of the dog. If a dog that has

been declared dangerous is not spayed or neutered based upon a veterinarian’s statement, that dog

will not be allowed to reside with or come into contact with any dog of any age that has not been

spayed or neutered.

     (e) If an owner or keeper of a dog that has been declared dangerous moves, he or she shall

notify the dog officer of the city or town in which he/she resides and the dog officer of the city or

town in which he or she is to reside.

     (f) An owner or keeper may leave a dog that has previously been declared dangerous under

the care and control of someone over the age of sixteen (16) years; provided that, the person shall

have been informed of the fact that the dog has previously been declared dangerous.

     (g) It shall be unlawful for the owner or keeper to sell or give away any dog that has

previously been declared vicious dangerous without the prior written authorization of the dog

officer which may be granted or withheld in the discretion of the dog officer and which may be

granted subject to conditions.

     4-13.1-4. Control of vicious dogs Control of dangerous dogs.

     (a) All dogs that have been declared vicious dangerous shall be confined in an enclosure

when outside of the dwelling of the owner or keeper or outside of a kennel maintained by the owner

or keeper that is acceptable to the dog officer. It is unlawful for any owner or keeper to maintain a

dog that has been declared vicious dangerous upon any premises which does not have a locked

enclosure.

     (b) It is unlawful for any owner or keeper to allow any vicious dangerous dog that has been

declared to be dangerous to be outside of the dwelling of the owner or keeper or outside of the

enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious

dangerous dog or to comply with commands or directions of the dog officer with respect to the

vicious dangerous dog, or to comply with the provisions of § 4-13.1-3(a)(1) or (a)(2). In this event,

the vicious dangerous dog shall be securely muzzled and restrained with a leash or chain having a

minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3′) in length,

and shall be under the direct control and supervision of the owner or keeper of the vicious dangerous

dog.

     4-13.1-5. Harboring dogs for dog fighting — Training dogs to attack humans —

Selling, breeding, or buying dogs.

     (a) No person shall own or harbor any dog for the purpose of dog fighting; or train, torment,

badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked

attacks upon human beings or domestic animals.

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     (b) No person shall possess with intent to sell, or offer for sale, breed, or buy, or attempt to

buy, within the state any dog that has previously been declared vicious dangerous by the vicious

dangerous dog panel in accordance with § 4-13.1-11 (“Determination of a vicious dangerous dog”).

     (c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff,

deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the

Prevention of Cruelty to Animals (RISPCA) may be placed in the care of the RISPCA pursuant to

the provisions of § 4-1-22.

     (d) Humane euthanization, conducted in accordance with the provisions of § 4-19-12, of a

dog described in subsection (a) or (b) of this section shall occur only if the RISPCA, after an

evaluation, has determined that the dog’s medical and/or behavioral condition warrants euthanasia

or it is determined by the sheriff, deputy sheriff, constable, police officer, agent or officer of the

RISPCA having possession of the dog, after reasonable time and effort have been expended, that

no appropriate placement for the dog exists.

     (e) A municipality that transfers a dog seized pursuant to this section into the care of the

RISPCA shall be responsible for the costs incurred by the RISPCA for the care and treatment of

the dog. The cost of the care and treatment billed to the transferring municipality shall be reasonable

and related to equivalent services provided by veterinary care and animal sheltering, feeding, and

boarding services in the state. Notwithstanding the receipt of payment for care and treatment from

a transferring municipality, the RISPCA may proceed pursuant to § 4-1-22(c) to collect the full

cost of care and treatment of any dog that is in its care or custody pursuant to this section and any

amounts recovered shall be applied first to satisfy any outstanding invoices for services provided

that have not previously been paid for with the balance of any amount recovered to be paid to the

transferring municipality.

     4-13.1-7. Action for damages — Destruction of offending vicious dog Action for

damages –Destruction of offending dangerous dog.

     If any dog declared vicious dangerous under § 4-13.1-11, when unprovoked, kills or

wounds, or assists in killing or wounding, any domestic animal, belonging to or in the possession

of any person, or, when unprovoked, attacks, assaults, bites, or otherwise injures any human being

or assists in attacking, assaulting, biting or otherwise injuring any human being while out of or

within the enclosure of the owner or keeper of the vicious dangerous dog, or while otherwise on or

off the property of the owner or keeper whether or not the vicious dangerous dog was on a leash

and securely muzzled or whether the vicious dangerous dog escaped without fault of the owner or

keeper, the owner or keeper of the dog may be liable to the person aggrieved for all damage

sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter

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of law that the owning, keeping, or harboring of a dog that has been declared vicious in violation

of this chapter is a nuisance. It shall not be necessary, in order to sustain any action, to prove that

the owner or keeper of a dog that has been declared vicious knew that the dog that has been declared

vicious possessed the propensity to cause this damage or that the dog had a vicious nature.

     4-13.1-8. Exemptions.

     (a) Sections 4-13.1-3 — 4-13.1-7 shall not apply to kennels an animal shelter or animal

rescue licensed in accordance with the provisions of this chapter or chapter 19 of this title that did

not have actual notice that an animal in its ownership, possession or control had previously been

declared dangerous.

     (b) This chapter shall not apply to K-9 or other dogs owned by any police department or

any law enforcement officer which are used in the performance of police work.

     4-13.1-9. Penalties for violation — Licensing ordinances and fees.

     (a) Any dog declared vicious dangerous under § 4-13.1-11:

     (1) Whose owner or keeper does not secure the liability insurance coverage required in

accordance with § 4-13.1-3;

     (2) Which is not maintained on property with an enclosure;

     (3) Which is outside of the dwelling of the owner or keeper, or outside of an enclosure

except as provided in § 4-13.1-4; or

     (4) Which is not tattooed or microchipped, may be confiscated by a dog officer or and may

be destroyed euthanized in an expeditious and humane manner after the expiration of a five (5) day

waiting period exclusive of Sundays and holidays which shall not include any day or part thereof

that the public pound is not open for a specified period of time, not to be less than one half (½) the

normal hours of business, for the purpose of reclaiming any such dog by its rightful owner. The

owner or keeper of the confiscated, dangerous dog will be responsible for all costs incurred by the

city or town for the confiscation and care of the dog and for the cost of the humane euthanasia and

disposal, if applicable. In addition, the owner or keeper shall pay a five hundred fifty dollar ($550)

fine.

     (5) Provided, further, that in addition to the violations listed herein, if any section of this

chapter does not specifically provide a penalty for a violation, the penalty shall be five hundred

fifty dollars ($550) for the first offense and one thousand dollars ($1,000) for any subsequent

violation.

     (b) If any dog declared vicious dangerous under § 4-13.1-11, when unprovoked, kills,

wounds, or worries or assists participates in killing or wounding any animal described in § 4-13.1-

7, the owner or keeper of the dog shall pay a five hundred fifty dollar ($550) fine. The and the dog

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officer is empowered to confiscate the dog. If the owner or keeper of the dog is present at the time

the dog is confiscated, the dog officer shall provide written notice of confiscation to the owner or

keeper of the dog at the time of confiscation. If the owner or keeper of the dog is not present at the

time of confiscation, the dog officer shall post a written notice of confiscation at the location of the

seizure and in a location that is readily visible. After the expiration of a five (5) day waiting period

following the confiscation, excluding Sundays and holidays, which shall not include any day or

part thereof that the public pound is not open for a specified period of time, not to be less than one

half (½) the normal hours of business, for the purpose of the rightful owner’s reclaiming the dog,

the dog officer may destroy humanely euthanize the vicious confiscated dog. The owner or keeper

of the confiscated dog shall be responsible for all costs of care incurred by the city or town as set

forth in § 4-13.1-11 (e) and for the actual cost of the humane euthanasia and disposal, if applicable.

For each subsequent violation, the owner or keeper of the dog shall pay a fine of one thousand

dollars ($1,000). In the event a dog kills a person, the dog shall be humanely euthanized.

     (c)(1) If any dog declared vicious under § 4-13.1-11, when unprovoked, attacks, assaults,

wounds, bites, or otherwise injures, kills or seriously injures a human being, the owner or keeper

shall pay a fine of one thousand dollars ($1,000) and the dog officer is empowered to confiscate

and, after the expiration of a five (5) day waiting period, which shall not include any day or part

thereof that the public pound is not open for a specified period of time, not to be less than one half

(½) the normal hours of business, for the purpose of reclaiming any such dog by its rightful owner,

may destroy the vicious dog. For each subsequent violation, the owner or keeper shall pay a fine of

one thousand dollars ($1,000), for owning or keeping a vicious dog which attacks, assaults, wounds,

bites or otherwise injures or kills a human being. In the event a dog kills a person, the dog shall be

humanely euthanized.

     (2)(1) The dog officer may confiscate a dog that has previously been declared dangerous

for any violation of this section and shall provide written notice of confiscation to the owner or

keeper of the dog if the owner or keeper is present at the time of confiscation. If the owner or keeper

of the dog is not present at the time of confiscation, the dog officer shall post written notice of

confiscation at the location of the seizure in a location that is readily visible. If the owner or keeper

does not contact the dog officer, or if the dog officer cannot, with a reasonable effort, contact the

owner or keeper, the dog may be euthanized under § 4-13-15. If the owner or keeper is found, the

The dog officer may give, but is not required to give, the owner or keeper additional time, up to ten

(10) days to meet the any previously imposed requirements. If the previously imposed requirements

are not met in the allotted time, including any extensions, the dog may be euthanized without

additional notice to the owner or keeper. The owner or keeper of the confiscated dog shall be

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responsible for all costs of care incurred by the city or town as set forth in § 4-13.1-11(e) and for

the actual cost of the humane euthanasia and disposal, if applicable. The owner or keeper will be

responsible for the kennel and euthanizing cost.

     (3)(2) No person shall be charged under subsections (a), or (b), or (c), unless the dog, prior

to the offense alleged, has been declared vicious dangerous pursuant to the provisions of this

chapter.

     (4)(3) If any dog declared vicious under § 4-13.1-11, seriously injures a person as that term

is defined in § 4-13.1-2 or kills or seriously injures a domestic animal and is declared to be

dangerous, the hearing panel dog may order the dog to be humanely euthanized, at the owner’s

expense, upon a unanimous vote of the hearing panel without any previous determination of

dangerousness being required.

     (d)(1) Every city or town shall enact an ordinance requiring the licensing of dogs within

their jurisdiction at a an annual fee not to exceed ten twenty dollars ($10.00) ($20.00). In addition,

each city or town shall charge an additional fee of two ten dollars ($2.00) ($10.00) for each license,

that fee to be used exclusively by the cities and towns for enforcement of laws pertaining to animals.

     (2) Every owner or keeper of any dog found to be in violation of any city or town ordinance

governing the licensing of dogs shall for the first offense be fined twenty-five dollars ($25.00) and

for a second violation of the ordinance shall be fined two hundred dollars ($200) and shall be

required at his or her own expense, to have the dog tattooed or microchipped in a manner prescribed

this chapter, and for a third or subsequent offense shall be fined five hundred dollars ($500), and

shall be required at his or her own expense, to have the dog tattooed or microchipped in a manner

prescribed by this chapter.

     (3) No fine and/or tattooing or microchipping requirement shall be suspended by any court

of competent jurisdiction.

     (e)(1) If the owner or keeper of a dog impounded for an alleged violation of §§ 4-13.1-3,

4-13.1-4, or 4-13.1-5 believes that there has not been a violation of those sections, the owner or

keeper may petition the district court which has jurisdiction in the city or town where the dog is

impounded praying that the impounded dog not be destroyed. The impounded dog shall not be

destroyed pending resolution of the owner’s or keeper’s petition.

     (2) The petition shall be filed within five (5) days of impoundment of the dog. Notice shall

be served within five (5) days of the impoundment of the dog upon the dog officer or keeper of the

dog pound. The hearing shall be conducted within fourteen (14) days from serving of the notice.

     (3) The decision of the district court may be appealed to the superior court by any aggrieved

party within forty eight (48) hours of the decision. The dog shall remain impounded pending the

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appeal. A hearing de novo, without a jury, shall be conducted within fourteen (14) days of the

appeal.

     (4) The decision of the superior court shall be final and conclusive upon all parties thereto.

However, the dog officer or any law enforcement officer shall have the right to convene a hearing

under § 4-13.1-3 for any actions of the dog subsequent to the date of violation. If the court finds

that there has not been a violation of §§ 4-13.1-3 through 4-13.1-5, the dog may be released to the

custody of the owner or keeper. upon payment to the pound keeper or dog officer of the expense of

keeping the dog. The city or town councils may establish by ordinance a schedule of those costs.

     (f) One-half (½) of all fines paid pursuant to this section shall be paid to the city or town

in which the violation occurred for the purpose of defraying the cost of the implementation of the

provisions of this chapter.

     (g) No dog shall be destroyed within five (5) days of being impounded, exclusive of

Sundays and holidays, and which shall not include any day or part of a day that the public pound

is not open for a specified period of time, not to be less than one half (½) the normal hours of

business, for the purpose of reclaiming any such dog by its rightful owner.

     (h) If a dog has been declared vicious pursuant to § 4-13.1-11, the owner or keeper shall

display a sign on his or her premises warning that there is a vicious dog on the premises. The sign

shall be visible and capable of being read from the public highway.

     (i) If a dog has been declared vicious pursuant to § 4-13.1-11, the owner or keeper shall

sign a statement attesting that the owner or keeper shall maintain and not voluntarily cancel any

liability insurance required pursuant to this section during the twelve (12) month period for which

licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to

the expiration of the license.

     (j) The owner or keeper shall notify the local police or animal control officer within two

(2) hours if a dog that has been declared vicious is on the loose, is unconfined, has attacked another

animal or has attacked a human being or has died.

     (k) It shall be unlawful for any owner to sell or give away a dog that has been declared

vicious within the state.

     (l) A dog officer is hereby empowered to make whatever inquiry is deemed necessary to

ensure compliance with the provisions of this chapter, and any such dog officer is hereby

empowered to seize and impound any dog that has been declared vicious whose owner or keeper

fails to comply with these provisions.

     4-13.1-11. Determination of a vicious dog Determination of a dangerous dog.

     (a) In the event that the dog officer or law enforcement officer has probable cause to believe

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that a dog is vicious dangerous, the chief dog officer, or his or her immediate supervisor, or the

chief of police, or his or her designee, is empowered to convene a hearing for the purpose of

determining whether or not the dog in question should be declared vicious dangerous. The dog

officer or chief of police shall conduct, or cause to be conducted, an investigation and shall notify

the owner or keeper of the dog that a hearing will be held, at which time he or she may have the

opportunity to present evidence why the dog should not be declared vicious dangerous. The dog

officer or chief of police shall also notify the alleged victim that a hearing will be held and of the

date, time and location of the hearing and at the hearing a representative of the city or town who is

not serving as a hearing panelist, will have the opportunity to present evidence as to why the dog

should be declared dangerous. The hearing shall be held promptly within no less than five (5), nor

more than ten (10), days after service of notice upon the owner or keeper of the dog. The hearing

shall be informal and shall be open to the public. The hearing shall be conducted by a panel of three

(3) persons that shall consist of the chief of police, or his or her designee, the executive director of

the Society for the Prevention of Cruelty to Animals (S.P.C.A.), or his or her designee; and a person

chosen by the chief of police and the executive director of the S.P.C.A. All members of the panel

shall have one vote in making a determination whether or not the dog in question is vicious

dangerous. Hearing officers shall have immunity. Hearing panels established pursuant to this

section are temporary in nature and exist for the sole purpose of considering whether the dog

referred to the panel is dangerous and shall disband once a determination as to whether or not the

dog is dangerous has been made. The provisions of chapter 46 of title 42 do not apply to hearings

held pursuant to this section. Any person in attendance at a hearing may create an audio recording

of the hearing. All official records related to the hearing shall be maintained by the city or town.

     (b) After the hearing, the owner or keeper of the dog shall be notified in writing of the

determination. If a determination is made that the dog is vicious dangerous, the owner or keeper

shall comply with this chapter in accordance with a time schedule established by the dog officer or

chief of police, but in no case more than thirty (30) days subsequent to the date of the determination.

If the owner or keeper of the dog contests the determination, he or she may, within five (5) days of

that determination, bring a petition in the district court within the judicial district where the dog is

owned or kept, praying that the court conduct its own hearing on whether or not the dog should be

declared vicious dangerous. After service of notice upon the dog officer, the court shall conduct a

hearing de novo and make its own determination as to viciousness dangerousness. The hearing shall

be conducted within seven (7) days of the service of the notice upon the dog officer or law

enforcement officer involved. The issue shall be decided upon the preponderance of the evidence.

If the court rules the dog to be vicious dangerous, the court may establish a time schedule to ensure

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compliance with this chapter, but in no case more than thirty (30) days subsequent to the date of

the court’s determination. If the owner has not complied with the provisions of this chapter at the

end of thirty (30) days from the written notification that the dog is vicious dangerous, the dog may

be euthanized.

     (c) The court may decide all issues for or against the owner or keeper of the dog regardless

of the fact that the owner or keeper fails to appear at the hearing.

     (d) The determination of the district court shall be final and conclusive upon all parties.

The dog officer or any law enforcement officer shall have the right to convene a hearing under this

section for any subsequent actions of the dog.

     (e) In the event that the dog officer or law enforcement officer has probable cause to believe

that the dog in question is vicious dangerous and may pose a threat of serious harm to human beings

or other domestic animals, the dog officer or law enforcement officer may seize and impound the

dog pending the hearings. If a dog that has been declared dangerous is in the custody of the city or

town at the time of the hearing, the dog officer may maintain custody of the dog until the appeal

period has expired and all appeals have been finally determined. If a dog that has been declared

dangerous in the care or custody of its owner or keeper at the time an appeal is taken, any conditions

imposed by the hearing panel will continue in full force and effect until the appeal is finally

determined by the court and any violation of any continuing condition shall be subject to any

penalties set forth in § 4-13.1-9.

     The owner or keeper of the dog is liable to the city or town where the dog is impounded

for the costs and expenses of keeping the dog. The city or town council may establish by ordinance

a schedule of those costs and expenses. In the absence of a schedule of costs and expenses that have

been established by a city or town council, the cost of the care and treatment that is billed to the

owner or keeper shall be reasonable and related to the equivalent services provided by veterinary

care and animal sheltering, feeding, and boarding services in this state.

     4-13.1-12. Uniform summons — Mail-in fines — Prosecution Prosecution and

enforcement.

     The attorney general shall establish a uniform summons or citation to be used by state and

municipal law enforcement agencies in the enforcement of this chapter. Fines of one hundred

dollars ($100) or less may be paid by mail. All other costs, fines or penalties due to be paid to a

city or town hereunder that are not paid within ten (10) days following written demand from the

city or town, are subject to collection by a civil action initiated by the city or town in the district

court within the county where the city or town is situated. shall require a court appearance. Any

offense under this chapter may be prosecuted by complaint.

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     4-13.1-13. Liability of parents for damages caused by dog owned by minor.

     In the event that the owner or keeper of the vicious dangerous dog is a minor, the parent or

guardian of that minor is liable for all injuries and property damage sustained by any person or

domestic animal caused by an unprovoked attack by that vicious dangerous dog.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS

DOGS

***

     This act would change the term vicious dogs to dangerous dogs, would expand on

requirements relative to leashes, enclosures, address fines and penalties, require signage, prevent

dangerous dogs from being left outside unless in an enclosure and provide other requirements upon

owners or keepers of dangerous dogs and set out notice and hearing requirements.

     This act would take effect upon passage.

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