CHAPTER 388

95-S 867A am

House Passed in Concurrence Notwithstanding

the Veto of the Governor Aug. 4 , 1995.

AN ACT RELATING TO RABIES CONTROL

It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-13-1.2, 4-13-1.3, 4-13-29, 4-13-31 and 4-13-32 of the General Laws in Chapter 4-13 entitled "Dogs" are hereby amended to read as follows:

{ADD 4-13-1.2. Definitions. -- ADD} (1) "Board" means the Rabies Control Board

(2) "Department" means the Department of Environmental Management or its successor.

(3) "Director" means the Director of the Department of Environmental Management (or its successor) or his/her designee.

(4) "Division" means the Division of Agriculture.

(5) "Livestock" means domesticated animals which are commonly held in moderate contact with humans which include, but are not limited to: cattle, bison, equines, sheep, goats, llamas and swine.

(6) "Person" means an individual, firm, jointstock company, partnership, association, private or municipal corporation, state, commission, political subdivision, a state, any interstate body or the federal government or any agency or subdivision thereof.

(7) "Pets" means domesticated animals kept in close contact with humans, which include, but may not be limited to: dogs, cats, ferrets, equines, llamas, goats, sheep and swine.

(8) "Owner {ADD Keeper" means any person or agency keeping, harboring or having charge or control of or responsibility for control of an animal or any person or agency which permits any dog, cat, ferret or domestic animal to habitually be fed within such person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter. ADD} {DEL means any person as defined in section 4-13-1.2 who has responsibility for the permanent care, custody and control of pets as defined in this section. DEL}

{ADD (9) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, municipality or other government entity or other legal entity. ADD}

{ADD (10) "Quarantine" means the removal, isolation, the close confinement or related measures of an animal under conditions and for time periods that are set by regulation of the Board. ADD}

{ADD 4-13-1.3. Rabies control board. -- ADD} There shall be a "Rabies Control Board" which shall consist of {DEL seven (7) DEL} {ADD nine (9) ADD} people {DEL to be appointed by the governor DEL} as follows:

(1) the director of the Rhode Island Department of Environmental Management or his/her designee; (2) the director of the Rhode Island Department of Health or his/her designee; (3) a Rhode Island licensed veterinarian {ADD , appointed by the governor, ADD} who shall be a member of the Rhode Island Veterinary Medical Association; (4) a livestock farmer {ADD , appointed by the governor, ADD} who shall be a member of the Rhode Island Farm Bureau; (5) a member of a recognized Rhode Island humane group (such as the Rhode Island Society for Prevention of Cruelty to Animals) {ADD , appointed by the governor, ADD} (6) the state veterinarian who shall serve as chairperson and (7) a member of the {ADD Rhode Island ADD} Animal Control Association {ADD , appointed by the governor; (8) two (2) members of the general assembly, one (1) member to be appointed by the speaker of the house, and one (1) member to be appointed by the senate majority leader ADD} . The members of the board shall serve without compensation. {ADD The board members from the departments of Health and Environmental Management shall serve at the discretion of their directors. The State Veterinarian shall serve without term. ADD} Nongovernmental members shall serve for a period of three (3) years and reappointments shall be made by the governor.

{DEL The initial term of any three (3) members, determined by the governor, shall be for one (1) year; the initial term of any other two (2) members, determined by the governor, shall be for two (2) years; the initial term for the remaining three (3) members determined by the governor, shall be for two (2) years. DEL} Vacancies for citizen members shall be filled by appointment for the unexpired term only. Any citizen member of the commission may be removed from office by the governor for cause, upon notice and opportunity to be heard.

{ADD 4-13-29. Quarantine to suppress rabies -- Report of cases. -- ADD} The Rabies Control Board of Rhode Island is hereby empowered to {ADD issue such rules and regulations not contrary to law as may be necessary in setting the terms and conditions of each type of quarantine or to ADD} quarantine such area or areas within the state of Rhode Island as the board may from time to time deem necessary for the purpose of prevention, controlling or suppressing rabies. {DEL Upon declaring a quarantine, due notice in writing shall be posted in appropriate public places and shall be advertised in one or more papers having a circulation in the area or areas quarantined. The notice shall state clearly the extent and nature of the quarantine. Whenever the Board has reason to believe that a quarantine is necessary, or exposure of an animal may have occurred, public notice shall be given as outlined above, requiring owners or keepers of pets or livestock to confine such animals for such a period of time specified by the board as may be necessary to prevent the spread of rabies in the state. The board is hereby further empowered to issue such rules and regulations not contrary to law as may be necessary in making the aforesaid quarantine effective. DEL} {ADD The Rabies Control Board is authorized to quarantine any animal suspected of harboring rabies and/or to delegate the authority to quarantine dogs, cats and ferrets suspected of harboring rabies to local Animal Control Officers (ACO) or other representative authorized by the municipality. The Board or its agents shall be authorized to seek a warrant from a court of competent jurisdiction for entry to any premises, public or private, where probable cause exists that a violation of 4-13-29 and/or 4-13-31 is occurring within or about the premises. ADD} Notification shall be given immediately to the board or any of its members by any person or persons, including but not limited to veterinarians, licensed to practice in this state, and city or town health officials, upon the detection by them of an animal suspected to be affected with rabies. {DEL The Rabies Control Board has the authority to promulgate rules and regulations necessary to carry out the functions required to prevent, control or suppress rabies. DEL}

{ADD Any appeal from an Order of Quarantine shall be to the Superior Court of Providence County or in the county in which the cause of action arose. ADD}

{ADD 4-13-31. Compulsory rabies vaccination. -- ADD} (1) For the purpose of preventing the introduction of rabies when rabies appears in any nearby area and its appearance creates a threat of introduction into Rhode Island; or for the suppression; or for the control of rabies, the board shall make regulations requiring compulsory vaccination of dogs, cats, ferrets or any other domestic animal as deemed necessary against rabies in a manner specified by it in any area or areas within the state of Rhode Island, which are deemed necessary to prevent that introduction, or for the purposes of suppression and control.

(2) The board is authorized to engage any personnel within the department of health or department of environment to assist in carrying out any regulation which may be promulgated for the suppression and control of rabies. {DEL Those agents shall be authorized to enter any premises, public, or private, to carry out any regulation promulgated for that suppression and control. DEL}

(3) Upon receipt of a written request from any town council or the mayor of any town or city and with the consent and approval of the health officer of those towns and cities, the board shall proceed to establish in cooperation with local and state health department authorities, public clinics for the vaccination of dogs, cats and ferrets against rabies. Those clinics shall be conducted in accordance with provisions and regulations proposed by and under the supervision of the board.

(4) Rabies vaccine for animals may be administered only by or under the direct and specific supervision of a licensed veterinarian.

(5) Except as otherwise amended by board regulation, the owner or keeper of a dog, cat or ferret shall have the animal vaccinated not earlier than three (3) months of age nor later than four (4) months of age and at regular intervals thereafter as prescribed by board regulations, but at no time to exceed recommendations made by the most current compendium of animal rabies control.

(6) Any veterinarian or any person directed by a veterinarian who vaccinates a dog, cat or ferret against rabies must issue a rabies vaccination certificate to the animal's owner. This certificate shall meet the minimum standards approved by the board, which shall include: the veterinarian's home, the veterinarian's practice name, address and telephone number; the pet owner's name and address, the pet's name, species, age coloration and sex; the rabies vaccine manufacturer's name; the date of inoculation and the signature of the doctor who administered or directed the administration of the rabies vaccine. For dogs, {ADD cats and ferrets, ADD} there shall be a record kept which lists the number of the rabies tag issued in conjunction with the rabies vaccination certificate.

(7) No city or town may register or license a pet that is not vaccinated for rabies in accordance with this chapter. Proof of rabies vaccination shall be a current, valid rabies {DEL tag for a dog or a rabies vaccination DEL} certificate for any species.

(8) This chapter shall not apply to any dog or cat imported into this state strictly for exhibition or breeding purposes, and which does not remain in this state for more than fifteen (15) days and which is accompanied by a valid health certificate or certificate of veterinary inspection.

(9) A person who fails to have or refuses to have each dog, cat and/or ferret owned or kept by said person vaccinated against rabies violates the provisions of this chapter.

{ADD 4-13-32. Penalty for violation of rabies suppression provisions. -- ADD} Any person violating the provisions of sections 4-13-29 and 4-13-31 shall be charged with a misdemeanor and fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense or be imprisoned for not less than ten (10) days nor more than thirty (30) days {ADD and/or be subject to confiscation of the animal(s) which is/are the basis of the violation ADD} .

SECTION 2. Chapter 4-13 of the general laws entitled "Dogs" is hereby amended by adding thereto the following sections:

{ADD 4-13-29.1. Responsibility for local rabies control. -- ADD} {ADD Each city and town shall be required to make provision for the control of rabies in cats, dogs and ferrets within its boundaries. The municipality may elect to adopt into ordinance, provisions at least as stringent as this act and the regulations adopted by the board or it may choose to accept delegation of the authority of the board as provided in section 4-13-29. The Rabies Control Board shall have the authority to institute a civil action to enforce the provisions of this section. ADD}

{ADD 4-13-29.2. Exemption from liability. -- ADD} {ADD Notwithstanding any provision of law to the contrary, neither the Rabies Control Board, any member of the board, the state of Rhode Island or any of its subdivisions, or any person acting as their agent, shall be subject to civil liabilities or penalties of any type, arising out of their actions performed in the course of their duties pursuant to this chapter. Nothing herein shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person's gross negligence or from the person's reckless, wanton or intentional misconduct. ADD}

{ADD 4-13-29.3. Regulations for suppression of rabies. -- ADD} {ADD The Rabies Control Board has the authority to promulgate rules and regulations necessary to carry out the functions required to prevent, control or suppress rabies; and every person who shall fail to comply with any regulation so made shall be fined not exceeding five hundred dollars ($500), or be imprisoned not exceeding one (1) year. ADD}

{SECTION 3. This act shall take effect upon passage.



As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!