Rhode Island 2023 Regular Session

Rhode Island House Bill H5356 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5356
6	6	========
7	7	LC000528
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS
16	16	DOGS
17	17	Introduced By: Representatives Shanley, Craven, Bennett, Dawson, Vella-Wilkinson,
18	18	and O'Brien
19	19	Date Introduced: February 03, 2023
20	20	Referred To: House Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 4-13.1-2 of the General Laws in Chapter 4-13.1 entitled "Regulation 1
25	25	of Vicious Dogs" is hereby amended to read as follows: 2
26	26	4-13.1-2. Definitions. 3
27	27	As used in §§ 4-13.1-1 — 4-13.1-14, the following words and terms shall have the 4
28	28	following meanings, unless the context indicates another or different meaning or intent: 5
29	29	(1) “Dog officer” means any person defined by the provisions of chapter 19 of this title. 6
30	30	(2) “Domestic animals” means animals that, through extremely long association with 7
31	31	humans, have been bred to a degree that has resulted in genetic changes affecting the temperament, 8
32	32	color, conformation, or other attributes of the species to an extent that makes them unique and 9
33	33	distinguishable from wild individuals of their species. Such animals may include, but are not 10
34	34	limited to: 11
35	35	(i) Domestic dog (Canis familiaris); 12
36	36	(ii) Domestic cat (Felis catus); 13
37	37	(iii) Domestic horse (Equus caballus); 14
38	38	(iv) Domestic ass, burro, and donkey (Equus asinus); 15
39	39	(v) Domestic cattle (Bos taurus and Bos indicus); 16
40	40	(vi) Domestic sheep (Ovi aries); 17
41	41	(vii) Domestic goat (Capra hircus); 18
42	42
43	43
44	44	LC000528 - Page 2 of 4
45	45	(viii) Domestic swine (Sus scrofa domestica); 1
46	46	(ix) Llama (lama alama); 2
47	47	(x) Alpaca (lama pacos); 3
48	48	(xi) Camels (Camelus bactrianus and Camel dromedarius); 4
49	49	(xii) Domestic races of European rabbit (Oryctolagus cuniculus); 5
50	50	(xiii) Domestic races of chickens (Callus gallus); 6
51	51	(xiv) Domestic races of duck and geese (Anatidae) morphologically distinguishable from 7
52	52	wild birds; 8
53	53	(xv) Domestic races of guinea fowl (Numida meleagris); 9
54	54	(xvi) Domestic races of peafowl (Pavo scristatus). 10
55	55	(3) “Enclosed area” means an area surrounded by a fence that will prevent the dog from 11
56	56	leaving the owner’s property. 12
57	57	(4) “Enclosure” means a fence or structure of at least six feet (6′) in height, forming or 13
58	58	causing an enclosure suitable to prevent the entry of young children, and suitable to confine a 14
59	59	vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as 15
60	60	tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with 16
61	61	secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the 17
62	62	enclosure. 18
63	63	(5) “Guardian” shall mean a person(s) having the same rights and responsibilities of an 19
64	64	owner and both terms shall be used interchangeably. A guardian shall also mean a person who 20
65	65	possesses; has title to or an interest in, harbors; or has control, custody, or possession of an animal 21
66	66	and who is responsible for an animal’s safety and well-being. 22
67	67	(6) “Impounded” means taken into the custody of the public pound in the city or town 23
68	68	where the vicious dog is found. 24
69	69	(7) “Leash” means a rope, cable, nylon strap, or other means attached to the dog that will 25
70	70	provide the owner with control of the dog. 26
71	71	(8) “Muzzle” means a device that shall not cause injury to the dog or interfere with its 27
72	72	vision or respiration but shall prevent the dog from biting a person or animal. 28
73	73	(9) “Person” means a natural person or any legal entity, including but not limited to, a 29
74	74	corporation, firm, partnership, or trust. 30
75	75	(10) “Serious injury” means any physical injury consisting of a broken bone(s) or 31
76	76	permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic 32
77	77	surgery. 33
78	78	(11) “Tie-out” means a cable, rope, light-weight chain, or other means attached to the dog 34
79	79
80	80
81	81	LC000528 - Page 3 of 4
82	82	that will prevent the dog from leaving the owner’s property. 1
83	83	(12) “Vicious dog” means: 2
84	84	(i) Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any 3
85	85	person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; 4
86	86	(ii) Any dog with a known propensity, tendency, or disposition to physically attack 5
87	87	unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic 6
88	88	animals; 7
89	89	(iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or 8
90	90	domestic animal without provocation on public or private property; or 9
91	91	(iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any 10
92	92	dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode 11
93	93	Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of § 12
94	94	4-13.1-5(d). 13
95	95	Notwithstanding the definition of a vicious dog in subsection (12), no dog may be declared 14
96	96	vicious in accordance with § 4-13.1-11 if an injury or damage is sustained by a person who, at the 15
97	97	time that injury or damage was sustained, was committing a trespass or other tort upon premises 16
98	98	occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking, abusing, or 17
99	99	assaulting the dog; or was committing, or attempting to commit, a crime; or until the society for 18
100	100	the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions 19
101	101	of § 4-13.1-5(d). 20
102	102	(v) No dog may be declared vicious if an injury or damage was sustained by a domestic 21
103	103	animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking, 22
104	104	abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or 23
105	105	defending a human being within the immediate vicinity of the dog from an unjustified attack or 24
106	106	assault. 25
107	107	SECTION 2. This act shall take effect upon passage. 26
108	108	========
109	109	LC000528
110	110	========
111	111
112	112
113	113	LC000528 - Page 4 of 4
114	114	EXPLANATION
115	115	BY THE LEGISLATIVE COUNCIL
116	116	OF
117	117	A N A C T
118	118	RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS
119	119	DOGS
120	120	***
121	121	This act would repeal the provision of the definition of a vicious dog as any unprovoked 1
122	122	dog who approaches any person, in a vicious or terrorizing manner, in apparent attitude of attack, 2
123	123	upon the streets, sidewalks, or any public grounds or places. 3
124	124	This act would take effect upon passage. 4
125	125	========
126	126	LC000528
127	127	========