Introduced By: Senators Alves and Raptakis
Date Introduced : May 19, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 4-13-1, 4-13-1.1, 4-13-4 and 4-13-15 of the General Laws in Chapter 4-13 entitled "Dogs" are hereby amended to read as follows:
4-13-1. Regulatory ordinances -- Enforcement and penalties. -- (a) City or town councils may make any ordinances concerning dogs in their cities or towns as they deem expedient, to be enforced by the destruction or disposition of the animal, or by pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00) for the third and any subsequent offense within a year to be recovered by action of debt, or by complaint and warrant, to use as that city council or town council may prescribe.
(b) (1) Barrington town council is authorized to enact an ordinance:
(i) Permitting the animal control officer in the town to issue citations to the owners of dogs for violation of any animal control ordinance which may be paid by mail and;
(ii) To prescribe pecuniary penalties as follows:
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
(C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent offense within a calendar year.
(2) Bristol town council is authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail, and to prescribe pecuniary penalties as follows:
(i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar year;
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar year;
(iii) A fine not exceeding one hundred dollars ($100.00) for the third and each subsequent offense within a calendar year.
(3) Coventry town council is authorized to enact ordinances permitting the dog officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
(4) (i) Cumberland town council may prescribe pecuniary penalties as follows:
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(ii) The town council of the town of Cumberland is authorized to enact an ordinance permitting the animal control officer or any police officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
(iii) The town council of the town of Cumberland is authorized to enact an ordinance establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound.
(5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary penalties as follows:
(i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar year;
(ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar year;
(iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each subsequent offense within a calendar year.
(6) Jamestown town council may prescribe pecuniary penalties as follows:
(i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar year;
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar year;
(iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
(7) (i) Middletown may prescribe pecuniary penalties as follows:
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(ii) The Middletown town council is authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
(8) Narragansett town council is authorized to enact an ordinance:
(i) Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
(ii) Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town impoundment expense by the dog owner prior to removal of the dog from the pound; and
(iii) Prescribing pecuniary penalties as follows:
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
(C) A fine of not more than seventy-five dollars ($75.00) for the third and each subsequent offense within a calendar year.
(9) Newport city council is authorized to enact an ordinance:
(i) Permitting the animal control officer, and his or her agents, in that city to issue citations to the owners of dogs for violation of any animal control ordinance which may be paid by mail;
(ii) To prescribe pecuniary penalties as follows:
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
(10) North Providence town council is authorized to enact an ordinance permitting the animal control officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
(11) (i) Portsmouth may prescribe pecuniary penalties as follows:
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
(iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed dogs which may be kept at any single family residence other than a breeding kennel licensed under section 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-five dollars ($25.00).
(12) Richmond town council may prescribe pecuniary penalties as follows:
(i) A fine not exceeding ten dollars ($10.00) for the first offense within one year;
(ii) A fine not exceeding twenty-five dollars ($25.00) for the second offense within one year of the first offense;
(iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within one year of the first offense.
(13) (i) Scituate town council may prescribe pecuniary penalties as follows:
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(ii) Scituate town council is authorized to enact ordinances permitting the dog officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance which may be paid by mail.
(14) (i) Smithfield town council may prescribe pecuniary penalties as follows:
(A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;
(B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar year;
(C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(ii) The Smithfield town council is authorized to enact an ordinance permitting the animal control warden in the town to issue citations which may be paid by mail to the owners of dogs for the violation of any dog ordinance in that town.
(15) Tiverton town council may prescribe pecuniary penalties as follows:
(i) A fine not exceeding twenty-five dollars ($25.00) for the first offense;
(ii) A fine not exceeding fifty dollars ($50.00) for the second offense;
(iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent offense.
(16) Warwick city council may prescribe pecuniary penalties as follows:
(i) A fine not exceeding fifteen dollars ($15.00) for the first offense within a calendar year;
(ii) A fine not exceeding twenty-five dollars ($25.00) for the second offense within a calendar year;
(iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense within a calendar year.
(17) Westerly town council is authorized to enact an ordinance:
(i) Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
(ii) Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound; and
(iii) Prescribe pecuniary penalties as follows:
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
(18) West Greenwich town council is authorized to enact an ordinance:
(i) Permitting the animal control officer in the town to issue citations to the owners of dogs for the violation of any animal control ordinance which may be paid by mail; and
(ii) Establishing the expense of the impoundment of dogs as determined by the town council and providing for the payment to the town of the impoundment expense by the dog owner prior to removal of the dog from the pound; and
(iii) Prescribe pecuniary penalties as follows:
(A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a calendar year;
(B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar year;
(C) A fine of not more than one hundred dollars ($100) for the third and each subsequent offense within a calendar year.
{ADD (19) West Warwick town council may, describe pecuniary penalties as follows; ADD}
{ADD (i) A fine {ADDnotADD} exceeding fifteen dollars ($15.00) for the first offense; ADD}
{ADD (ii) A fine not exceeding fifty dollars ($50.00) for the second offense; ADD}
{ADD (iii) A fine not exceeding one hundred dollars ($100.00) for the third and each subsequent offense. ADD}
4-13-1.1. {DEL Towns of Portsmouth and
Middletown -- Vicious dog ordinance. DEL} {ADD Towns
of Portsmouth, West Warwick and Middletown -- Vicious dog ordinance.
-- ADD} Notwithstanding any other provisions of this section
or the general laws to the contrary, the town councils of the
towns of Portsmouth, {ADD West Warwick ADD} and Middletown may, by
ordinance, provide that the owner or keeper of any dog that assaults
any person shall be fined an amount not less than one hundred
dollars ($100) nor more than two hundred dollars ($200) to be
used as that city or town council may prescribe. However, this
fine shall not be imposed unless the officer responsible for enforcement
of that ordinance has conducted an investigation of the assault
and has certified that the dog was off the property of its owner
or keeper and at large at the time the assault occurred or that
the assault resulted from the negligence of the owner or keeper.
4-13-4. Dog licenses -- Fees -- Penalties. -- (a) (1) Every owner or keeper of a dog shall annually in April obtain a license effective May 1 in the office of the city or town clerk of the city or town in which the owner or keeper resides.
(2) The fees for the license shall be five dollars ($5.00).
(3) No city or town shall issue any license under this section unless the dog has been inoculated against rabies for the period of time which the license would be valid.
(4) All licenses issued under the provisions of this chapter shall be valid in every city or town during the then current year.
(5) Any person who becomes the owner or keeper of a dog shall obtain a license within thirty (30) days after he or she becomes the owner or keeper.
(6) (i) The Cumberland town clerk may issue a license renewable every two (2) years for a licensing fee of six dollars ($6.00).
(ii) Glocester town council may provide for an annual licensing fee of fourteen dollars ($14.00) for all dogs except spayed or neutered females and males and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.
(iii) Jamestown town council may provide by ordinance for an annual licensing fee not to exceed fifteen dollars ($15.00) for neutered dogs, and not to exceed twenty-five dollars ($25.00) for unneutered dogs.
(iv) Newport city council may, however, provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs except unspayed females and for an annual licensing fee of ten dollars ($10.00) for unspayed females.
(v) North Smithfield town council may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs.
(vi) (A) South Kingstown town council may provide for an annual licensing fee of twelve dollars ($12.00) for all dogs except spayed or neutered females and male dogs and for an annual licensing fee of seven dollars ($7.00) for spayed or neutered female and male dogs.
(B) The South Kingstown town council may assess an impound fee.
(vii) (A) Westerly town council may provide by ordinance for an annual license fee of ten dollars ($10.00) for unspayed female dogs and unneutered male dogs;
(B) May provide for a fee of one dollar ($1.00) for the replacement of lost dog tags;
(C) May provide that no fee be charged to license guide dogs used by sensory impaired and handicapped persons;
(D) May provide for the number of licensed dogs which may be kept at any single-family residence, other than a breeding kennel; and
(E) May provide for pecuniary penalties not exceeding twenty-five dollars ($25.00) for violations.
(viii) Woonsocket city council may provide by ordinance for an annual licensing fee of five dollars ($5.00) for all dogs.
{ADD (ix)(A) West Warwick town council may provide by ordinance for an annual license fee of seven dollars ($7.00) for each neutered male or spayed female and fifteen dollars ($15.00) for each unneutered male and unspayed female. ADD}
(b) Every person, owning or keeping a dog not licensed and/or collared according to the provisions of this chapter, shall be fined ten dollars ($10.00) to be applied to the support of the city or town, and that fine shall be in addition to all other lawful fees.
{ADD (C) May provide by ordinance for a payment of a two dollars ($2.00) fee for duplicate or for a replacement tags. ADD}
4-13-15. Collaring of dogs -- Impoundment and disposition of uncollared dogs. -- (a) Every owner or keeper of a dog shall cause the dog to wear a collar around its neck distinctly marked with its owner's or keeper's name and with its registered number. Any person may cause any dog not so collared to be impounded in the public pound of the town or city where the dog is found; and if the dog is not claimed by its owner or keeper within a period of five (5) days after the impoundment, the dog may be disposed of or destroyed. The five (5) days 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 (1/2) the normal hours of business, for the purpose of reclaiming any impounded dog by its rightful owner. All periods of time shall be listed in a prominent location at the entrance to all public pounds. The owner or keeper of any dog so impounded shall not take the dog out of the pound until he or she has first paid to the poundkeeper the expense of keeping the dog, that expense not to exceed two dollars ($2.00) per day and to be determined by the city or town council in which impoundment occurs. The town council of the town of Glocester may, by ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5) days during which this impoundment occurs plus five dollars ($5.00) every day the animal is detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the dog has a current rabies shot pursuant to section 4-13-31, and further, the dog shall not be released from the pound until all the provisions of this chapter and the ordinances of the city or town are complied with. The provisions of this section relating to the five (5) day waiting period shall not be deemed to apply to any dog which, when impounded, was injured or maimed, and after the dog has been examined by a licensed veterinarian who shall confirm, in writing, that the dog be destroyed for humanitarian purposes.
{ADD The Town of West Warwick may provide by ordinance an impounding fee of five ($5.00) dollars per day and may provide by ordinance for a fee for the purposes of transferring ownership or for the disposition of said animals according to law for each adult dog (six month or older) the sum of twenty dollars ($20.00) and for each puppy the sum of five ($5.00) dollars for each adult cat (six month or older) the sum of ten ($10.00) dollars. ADD}
(b) Any person violating the provisions of this section is subject to the penalty provisions of section 4-1-2.
SECTION 2. This act shall take effect upon passage.
