Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0928 Compare Versions

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

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5	5	2025 -- S 0928
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7	7	LC002364
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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: Senators Britto, Bissaillon, Ciccone, Gu, DiPalma, and Thompson
18	18	Date Introduced: March 28, 2025
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. The title of Chapter 4-13.1 of the General Laws entitled "Regulation of 1
24	24	Vicious Dogs" is hereby amended to read as follows: 2
25	25	CHAPTER 4-13.1 3
26	26	Regulation of Vicious Dogs 4
27	27	CHAPTER 4-13.1 5
28	28	REGULATION OF DANGEROUS DOGS. 6
29	29	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, 4-13.1-7
30	30	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 8
31	31	"Regulation of Vicious Dogs" are hereby amended to read as follows: 9
32	32	4-13.1-1. Declaration of purpose. 10
33	33	(a) It is declared that vicious dogs present have become a serious and widespread threat to 11
34	34	the safety and welfare of citizens of the state, in that vicious dogs and have in recent years assaulted 12
35	35	without provocation and seriously severely injured numerous individuals, particularly children, and 13
36	36	have killed numerous dogs and domestic animals. Many of these attacks have occurred in public 14
37	37	places. 15
38	38	(b) The number and severity of these dog attacks are also often attributable to the failure 16
39	39	of owners to register, confine, and properly control vicious dangerous dogs. 17
40	40	(c) It is further declared that the necessity for the regulation and control of vicious 18
41	41
42	42
43	43	LC002364 - Page 2 of 16
44	44	dangerous dogs is a statewide problem, requiring statewide regulation, and that existing laws are 1
45	45	inadequate to deal with the threat to public health, and safety, and welfare posed by vicious 2
46	46	dangerous dogs. 3
47	47	(d) It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance 4
48	48	a dog that has been declared dangerous without adhering to all restrictions and requirements 5
49	49	imposed by the hearing panel at the time the dog is declared dangerous is a nuisance and a continued 6
50	50	threat to the public health, safety and welfare. 7
51	51	(e) It is further declared that because of the danger posed to the public, health, safety and 8
52	52	welfare by vicious dangerous dogs, this chapter constitutes an emergency measure providing for 9
53	53	the immediate preservation of the public health, safety and welfare. 10
54	54	4-13.1-2. Definitions. 11
55	55	As used in §§ 4-13.1-1 — 4-13.1-14, the following words and terms shall have the 12
56	56	following meanings, unless the context indicates another or different meaning or intent: 13
57	57	(1) “Dangerous dog” means: 14
58	58	(i) Any dog that, when unprovoked, in an aggressive or terrorizing manner, approaches any 15
59	59	person or domestic animal in apparent attitude of attack upon the streets, sidewalks, or any public 16
60	60	grounds or places or on private property other than premises occupied by the keeper of the dog; 17
61	61	(ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to 18
62	62	cause injury, or to otherwise endanger the safety of human beings or domestic animals; 19
63	63	(iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or 20
64	64	domestic animal without provocation on public or private property; or 21
65	65	(iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any 22
66	66	dog trained for dog fighting that is deemed dangerous after it has been properly assessed by the 23
67	67	Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions 24
68	68	of § 4-13.1-5(d). 25
69	69	Notwithstanding the definition of a dangerous dog in this subsection, no dog may be 26
70	70	declared dangerous in accordance with § 4-13.1-11 if an injury or damage is sustained by a person 27
71	71	who, at the time that injury or damage was sustained, was committing a trespass or other tort upon 28
72	72	premises occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking, 29
73	73	abusing, or assaulting the dog; or was committing, or attempting to commit, a crime; or until the 30
74	74	society for the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the 31
75	75	provisions of § 4-13.1-5(d). 32
76	76	(v) No dog may be declared dangerous if an injury or damage was sustained by a domestic 33
77	77	animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking, 34
78	78
79	79
80	80	LC002364 - Page 3 of 16
81	81	abusing, or assaulting the dog. No dog may be declared dangerous if the dog was protecting or 1
82	82	defending a human being within the immediate vicinity of the dog from an unjustified attack or 2
83	83	assault. 3
84	84	(vi) A dog that has been declared vicious following a hearing conducted pursuant to an 4
85	85	earlier version of this chapter. 5
86	86	(1)(2) “Dog officer” means any person defined by the provisions of chapter 19 of this title. 6
87	87	(2)(3) “Domestic animals” means animals that, through extremely long association with 7
88	88	humans, have been bred to a degree that has resulted in genetic changes affecting the temperament, 8
89	89	color, conformation, or other attributes of the species to an extent that makes them unique and 9
90	90	distinguishable from wild individuals of their species. Such animals may include, but are not 10
91	91	limited to: 11
92	92	(i) Domestic dog (Canis familiaris); 12
93	93	(ii) Domestic cat (Felis catus); 13
94	94	(iii) Domestic horse (Equus caballus); 14
95	95	(iv) Domestic ass, burro, and donkey (Equus asinus); 15
96	96	(v) Domestic cattle (Bos taurus and Bos indicus); 16
97	97	(vi) Domestic sheep (Ovi aries); 17
98	98	(vii) Domestic goat (Capra hircus); 18
99	99	(viii) Domestic swine (Sus scrofa domestica); 19
100	100	(ix) Llama (lama alama); 20
101	101	(x) Alpaca (lama pacos); 21
102	102	(xi) Camels (Camelus bactrianus and Camel dromedarius); 22
103	103	(xii) Domestic races of European rabbit (Oryctolagus cuniculus); 23
104	104	(xiii) Domestic races of chickens (Callus gallus); 24
105	105	(xiv) Domestic races of duck and geese (Anatidae) morphologically distinguishable from 25
106	106	wild birds; 26
107	107	(xv) Domestic races of guinea fowl (Numida meleagris); 27
108	108	(xvi) Domestic races of peafowl (Pavo scristatus). 28
109	109	(3)(4) “Enclosed area” means an area surrounded by a fence that will prevent the dog from 29
110	110	leaving the owner’s property. 30
111	111	(4)(5) “Enclosure” means a fence or structure of at least six feet (6′) in height, forming or 31
112	112	causing an enclosure suitable to prevent the entry of young children, and suitable to confine a 32
113	113	vicious dangerous dog in conjunction with other measures that may be imposed by the hearing 33
114	114	panel taken by the owner or keeper, such as tethering of the vicious dangerous dog. The enclosure 34
115	115
116	116
117	117	LC002364 - Page 4 of 16
118	118	shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be 1
119	119	designed to prevent the animal from escaping from the enclosure. 2
120	120	(5)(6) “Guardian” shall mean a person(s) having the same rights and responsibilities of an 3
121	121	owner and both terms shall be used interchangeably. A guardian shall also mean a person who 4
122	122	possesses; has title to or an interest in, harbors; or has control, custody, or possession of an animal 5
123	123	and who is responsible for an animal’s safety and well-being. 6
124	124	(6)(7) “Impounded” means taken into the custody of the public pound in the city or town 7
125	125	where the vicious dangerous dog is found. 8
126	126	(7)(8) “Leash” means a rope, cable, nylon strap, or other means attached to the dog not 9
127	127	exceeding three feet (3’) in length and which is of sufficient strength to maintain and control the 10
128	128	dog, taking into consideration the size and strength of the dog and that will provide the owner 11
129	129	handler the ability with to control of the dog. 12
130	130	(8)(9) “Muzzle” means a device that shall not cause injury to the dog or interfere with its 13
131	131	vision or respiration but shall prevent the dog from biting a person or animal. 14
132	132	(9)(10) “Person” means a natural person or any legal entity, including but not limited to, a 15
133	133	corporation, firm, partnership, or trust. 16
134	134	(10)(11) “Serious injury” means any physical injury consisting of a broken bone(s) or 17
135	135	permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic 18
136	136	surgery. 19
137	137	(11)(12) “Tie-out” means a cable, rope, light-weight chain, or other means attached to the 20
138	138	dog that will prevent the dog from leaving the owner’s property and which is of sufficient strength 21
139	139	to maintain such control taking into consideration the size and strength of the dog. 22
140	140	(12) “Vicious dog” means: 23
141	141	(i) Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any 24
142	142	person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; 25
143	143	(ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to 26
144	144	cause injury, or to otherwise endanger the safety of human beings or domestic animals; 27
145	145	(iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or 28
146	146	domestic animal without provocation on public or private property; or 29
147	147	(iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any 30
148	148	dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode 31
149	149	Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of § 32
150	150	4-13.1-5(d). 33
151	151	Notwithstanding the definition of a vicious dog in subsection (12), no dog may be declared 34
152	152
153	153
154	154	LC002364 - Page 5 of 16
155	155	vicious in accordance with § 4-13.1-11 if an injury or damage is sustained by a person who, at the 1
156	156	time that injury or damage was sustained, was committing a trespass or other tort upon premises 2
157	157	occupied by the owner or keeper of the dog; or was teasing, tormenting, provoking, abusing, or 3
158	158	assaulting the dog; or was committing, or attempting to commit, a crime; or until the society for 4
159	159	the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions 5
160	160	of § 4-13.1-5(d). 6
161	161	(v) No dog may be declared vicious if an injury or damage was sustained by a domestic 7
162	162	animal which, at the time that injury or damage was sustained, was teasing, tormenting, provoking, 8
163	163	abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or 9
164	164	defending a human being within the immediate vicinity of the dog from an unjustified attack or 10
165	165	assault. 11
166	166	4-13.1-3. Requirements for registration. 12
167	167	(a) No dog that has been declared vicious dangerous shall be licensed by any city or town 13
168	168	for any licensing period commencing after April 1986, unless the owner or keeper of that dog that 14
169	169	has been declared vicious dangerous meets any or all of the following requirements as may be 15
170	170	imposed by the hearing panel: 16
171	171	(1) A panel convened pursuant to § 4-13.1-11 of this chapter and/or a judge of the district 17
172	172	court may require the owner or keeper to present to the city or town clerk or other licensing 18
173	173	authority proof that the owner or keeper has procured liability insurance in the amount of at least 19
174	174	one hundred thousand dollars ($100,000) on an occurrence basis, covering any damage or injury 20
175	175	which may be caused by the vicious dangerous dog during the twelve (12) month period for which 21
176	176	licensing is sought, which policy contains a provision requiring the city or town to be named as 22
177	177	additional insured for the sole purpose of the city or town clerk or other licensing authority where 23
178	178	that dog is licensed to be notified by the insurance company of any cancellation, termination, 24
179	179	material modification, or expiration of the liability insurance policy. 25
180	180	(2) The owner or keeper shall, at his or her own expense, have a microchip implanted in a 26
181	181	dog that has been determined to be dangerous that contains the licensing number assigned to the 27
182	182	vicious dangerous dog and, or any other identification number that the city or town clerk or other 28
183	183	licensing authority determines,. A tattoo may be used as an alternative to a microchip if tattooed 29
184	184	upon the vicious dangerous dog by a licensed veterinarian or person trained as a tattooist and 30
185	185	authorized a licensed veterinarian or tattooist by any state, city or town police department. The 31
186	186	tattoo shall be placed on the upper inner left rear thigh of the vicious dangerous dog. The dog officer 32
187	187	may, in his or her discretion, designate the particular location of the tattoo. The licensing number 33
188	188	shall be noted on the city or town licensing files for the vicious dog, if it is different from the license 34
189	189
190	190
191	191	LC002364 - Page 6 of 16
192	192	number of the vicious dog. For the purposes of this section, tattoo shall be defined as any permanent 1
193	193	numbering of a vicious dangerous dog by means of indelible or permanent ink with the number 2
194	194	designated by the licensing authority, or any other permanent, acceptable method of tattooing. A 3
195	195	microchip may be used in lieu of a tattoo. Each city or town shall affix a two (2) letter prefix to the 4
196	196	identification number of any dog that has been declared dangerous in order to identify the particular 5
197	197	city or town where the dog was initially licensed. 6
198	198	(3) The owner or keeper shall display a sign on his or her one or more signs on their 7
199	199	premises warning that there is a vicious dangerous dog on the premises. The A required sign shall 8
200	200	be visible and capable of being read from the all public highway thoroughfares abutting the 9
201	201	premises. 10
202	202	(4) The owner or keeper shall sign a statement attesting that: 11
203	203	(i) The owner or keeper shall maintain and not voluntarily cancel the liability insurance 12
204	204	required by this section during the twelve (12) month period for which licensing is sought, unless 13
205	205	the owner or keeper ceases to own or keep the vicious dangerous dog prior to expiration of the 14
206	206	license. 15
207	207	(ii) The owner or keeper shall have an enclosure for the vicious dangerous dog on the 16
208	208	property where the vicious dangerous dog will be kept or maintained. 17
209	209	(iii) The owner or keeper shall notify the police department or the dog officer within two 18
210	210	(2) hours if a vicious dangerous dog is on the loose, is unconfined, has attacked another animal or 19
211	211	has attacked a human being, or has died. 20
212	212	(5) When the dog a dog that has been declared dangerous is off the owner’s property, it 21
213	213	shall be on a leash and/or muzzled. 22
214	214	(6) When the dog is outdoors on the owner’s property, it must be on a leash and/or muzzled, 23
215	215	or tie-out, or in an enclosure or in an enclosed area which prevents its escape and which has been 24
216	216	inspected and approved by the dog officer. 25
217	217	(b) A dog officer is empowered to make whatever inquiry is deemed necessary to ensure 26
218	218	compliance with this chapter, and any dog officer is empowered to seize and impound any vicious 27
219	219	dog that has previously been declared dangerous whose owner or keeper fails to comply with this 28
220	220	chapter. 29
221	221	(c) In the event that the owner or keeper of the a dog that has previously been declared 30
222	222	dangerous refuses to surrender the animal dog to the dog officer, the dog officer may request a 31
223	223	police officer to obtain a search warrant from a justice of the district court and to seize the dog upon 32
224	224	execution of the warrant. 33
225	225	(d) A dog that has been declared dangerous must be spayed or neutered unless a licensed 34
226	226
227	227
228	228	LC002364 - Page 7 of 16
229	229	veterinarian states in writing that the procedure would threaten the life of the dog. If a dog that has 1
230	230	been declared dangerous is not spayed or neutered based upon a veterinarian’s statement, that dog 2
231	231	will not be allowed to reside with or come into contact with any dog of any age that has not been 3
232	232	spayed or neutered. 4
233	233	(e) If an owner or keeper of a dog that has been declared dangerous moves, he or she shall 5
234	234	notify the dog officer of the city or town in which he/she resides and the dog officer of the city or 6
235	235	town in which he or she is to reside. 7
236	236	(f) An owner or keeper may leave a dog that has previously been declared dangerous under 8
237	237	the care and control of someone over the age of sixteen (16) years; provided that, the person shall 9
238	238	have been informed of the fact that the dog has previously been declared dangerous. 10
239	239	(g) It shall be unlawful for the owner or keeper to sell or give away any dog that has 11
240	240	previously been declared vicious dangerous without the prior written authorization of the dog 12
241	241	officer which may be granted or withheld in the discretion of the dog officer and which may be 13
242	242	granted subject to conditions. 14
243	243	4-13.1-4. Control of vicious dogs Control of dangerous dogs. 15
244	244	(a) All dogs that have been declared vicious dangerous shall be confined in an enclosure 16
245	245	when outside of the dwelling of the owner or keeper or outside of a kennel maintained by the owner 17
246	246	or keeper that is acceptable to the dog officer. It is unlawful for any owner or keeper to maintain a 18
247	247	dog that has been declared vicious dangerous upon any premises which does not have a locked 19
248	248	enclosure. 20
249	249	(b) It is unlawful for any owner or keeper to allow any vicious dangerous dog that has been 21
250	250	declared to be dangerous to be outside of the dwelling of the owner or keeper or outside of the 22
251	251	enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious 23
252	252	dangerous dog or to comply with commands or directions of the dog officer with respect to the 24
253	253	vicious dangerous dog, or to comply with the provisions of § 4-13.1-3(a)(1) or (a)(2). In this event, 25
254	254	the vicious dangerous dog shall be securely muzzled and restrained with a leash or chain having a 26
255	255	minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3′) in length, 27
256	256	and shall be under the direct control and supervision of the owner or keeper of the vicious dangerous 28
257	257	dog. 29
258	258	4-13.1-5. Harboring dogs for dog fighting — Training dogs to attack humans — 30
259	259	Selling, breeding, or buying dogs. 31
260	260	(a) No person shall own or harbor any dog for the purpose of dog fighting; or train, torment, 32
261	261	badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked 33
262	262	attacks upon human beings or domestic animals. 34
263	263
264	264
265	265	LC002364 - Page 8 of 16
266	266	(b) No person shall possess with intent to sell, or offer for sale, breed, or buy, or attempt to 1
267	267	buy, within the state any dog that has previously been declared vicious dangerous by the vicious 2
268	268	dangerous dog panel in accordance with § 4-13.1-11 (“Determination of a vicious dangerous dog”). 3
269	269	(c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff, 4
270	270	deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the 5
271	271	Prevention of Cruelty to Animals (RISPCA) may be placed in the care of the RISPCA pursuant to 6
272	272	the provisions of § 4-1-22. 7
273	273	(d) Humane euthanization, conducted in accordance with the provisions of § 4-19-12, of a 8
274	274	dog described in subsection (a) or (b) of this section shall occur only if the RISPCA, after an 9
275	275	evaluation, has determined that the dog’s medical and/or behavioral condition warrants euthanasia 10
276	276	or it is determined by the sheriff, deputy sheriff, constable, police officer, agent or officer of the 11
277	277	RISPCA having possession of the dog, after reasonable time and effort have been expended, that 12
278	278	no appropriate placement for the dog exists. 13
279	279	(e) A municipality that transfers a dog seized pursuant to this section into the care of the 14
280	280	RISPCA shall be responsible for the costs incurred by the RISPCA for the care and treatment of 15
281	281	the dog. The cost of the care and treatment billed to the transferring municipality shall be reasonable 16
282	282	and related to equivalent services provided by veterinary care and animal sheltering, feeding, and 17
283	283	boarding services in the state. Notwithstanding the receipt of payment for care and treatment from 18
284	284	a transferring municipality, the RISPCA may proceed pursuant to § 4-1-22(c) to collect the full 19
285	285	cost of care and treatment of any dog that is in its care or custody pursuant to this section and any 20
286	286	amounts recovered shall be applied first to satisfy any outstanding invoices for services provided 21
287	287	that have not previously been paid for with the balance of any amount recovered to be paid to the 22
288	288	transferring municipality. 23
289	289	4-13.1-7. Action for damages — Destruction of offending vicious dog Action for 24
290	290	damages –Destruction of offending dangerous dog. 25
291	291	If any dog declared vicious dangerous under § 4-13.1-11, when unprovoked, kills or 26
292	292	wounds, or assists in killing or wounding, any domestic animal, belonging to or in the possession 27
293	293	of any person, or, when unprovoked, attacks, assaults, bites, or otherwise injures any human being 28
294	294	or assists in attacking, assaulting, biting or otherwise injuring any human being while out of or 29
295	295	within the enclosure of the owner or keeper of the vicious dangerous dog, or while otherwise on or 30
296	296	off the property of the owner or keeper whether or not the vicious dangerous dog was on a leash 31
297	297	and securely muzzled or whether the vicious dangerous dog escaped without fault of the owner or 32
298	298	keeper, the owner or keeper of the dog may be liable to the person aggrieved for all damage 33
299	299	sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter 34
300	300
301	301
302	302	LC002364 - Page 9 of 16
303	303	of law that the owning, keeping, or harboring of a dog that has been declared vicious in violation 1
304	304	of this chapter is a nuisance. It shall not be necessary, in order to sustain any action, to prove that 2
305	305	the owner or keeper of a dog that has been declared vicious knew that the dog that has been declared 3
306	306	vicious possessed the propensity to cause this damage or that the dog had a vicious nature. 4
307	307	4-13.1-8. Exemptions. 5
308	308	(a) Sections 4-13.1-3 — 4-13.1-7 shall not apply to kennels an animal shelter or animal 6
309	309	rescue licensed in accordance with the provisions of this chapter or chapter 19 of this title that did 7
310	310	not have actual notice that an animal in its ownership, possession or control had previously been 8
311	311	declared dangerous. 9
312	312	(b) This chapter shall not apply to K-9 or other dogs owned by any police department or 10
313	313	any law enforcement officer which are used in the performance of police work. 11
314	314	4-13.1-9. Penalties for violation — Licensing ordinances and fees. 12
315	315	(a) Any dog declared vicious dangerous under § 4-13.1-11: 13
316	316	(1) Whose owner or keeper does not secure the liability insurance coverage required in 14
317	317	accordance with § 4-13.1-3; 15
318	318	(2) Which is not maintained on property with an enclosure; 16
319	319	(3) Which is outside of the dwelling of the owner or keeper, or outside of an enclosure 17
320	320	except as provided in § 4-13.1-4; or 18
321	321	(4) Which is not tattooed or microchipped, may be confiscated by a dog officer or and may 19
322	322	be destroyed euthanized in an expeditious and humane manner after the expiration of a five (5) day 20
323	323	waiting period exclusive of Sundays and holidays which shall not include any day or part thereof 21
324	324	that the public pound is not open for a specified period of time, not to be less than one half (½) the 22
325	325	normal hours of business, for the purpose of reclaiming any such dog by its rightful owner. The 23
326	326	owner or keeper of the confiscated, dangerous dog will be responsible for all costs incurred by the 24
327	327	city or town for the confiscation and care of the dog and for the cost of the humane euthanasia and 25
328	328	disposal, if applicable. In addition, the owner or keeper shall pay a five hundred fifty dollar ($550) 26
329	329	fine. 27
330	330	(5) Provided, further, that in addition to the violations listed herein, if any section of this 28
331	331	chapter does not specifically provide a penalty for a violation, the penalty shall be five hundred 29
332	332	fifty dollars ($550) for the first offense and one thousand dollars ($1,000) for any subsequent 30
333	333	violation. 31
334	334	(b) If any dog declared vicious dangerous under § 4-13.1-11, when unprovoked, kills, 32
335	335	wounds, or worries or assists participates in killing or wounding any animal described in § 4-13.1-33
336	336	7, the owner or keeper of the dog shall pay a five hundred fifty dollar ($550) fine. The and the dog 34
337	337
338	338
339	339	LC002364 - Page 10 of 16
340	340	officer is empowered to confiscate the dog. If the owner or keeper of the dog is present at the time 1
341	341	the dog is confiscated, the dog officer shall provide written notice of confiscation to the owner or 2
342	342	keeper of the dog at the time of confiscation. If the owner or keeper of the dog is not present at the 3
343	343	time of confiscation, the dog officer shall post a written notice of confiscation at the location of the 4
344	344	seizure and in a location that is readily visible. After the expiration of a five (5) day waiting period 5
345	345	following the confiscation, excluding Sundays and holidays, which shall not include any day or 6
346	346	part thereof that the public pound is not open for a specified period of time, not to be less than one 7
347	347	half (½) the normal hours of business, for the purpose of the rightful owner’s reclaiming the dog, 8
348	348	the dog officer may destroy humanely euthanize the vicious confiscated dog. The owner or keeper 9
349	349	of the confiscated dog shall be responsible for all costs of care incurred by the city or town as set 10
350	350	forth in § 4-13.1-11 (e) and for the actual cost of the humane euthanasia and disposal, if applicable. 11
351	351	For each subsequent violation, the owner or keeper of the dog shall pay a fine of one thousand 12
352	352	dollars ($1,000). In the event a dog kills a person, the dog shall be humanely euthanized. 13
353	353	(c)(1) If any dog declared vicious under § 4-13.1-11, when unprovoked, attacks, assaults, 14
354	354	wounds, bites, or otherwise injures, kills or seriously injures a human being, the owner or keeper 15
355	355	shall pay a fine of one thousand dollars ($1,000) and the dog officer is empowered to confiscate 16
356	356	and, after the expiration of a five (5) day waiting period, which shall not include any day or part 17
357	357	thereof that the public pound is not open for a specified period of time, not to be less than one half 18
358	358	(½) the normal hours of business, for the purpose of reclaiming any such dog by its rightful owner, 19
359	359	may destroy the vicious dog. For each subsequent violation, the owner or keeper shall pay a fine of 20
360	360	one thousand dollars ($1,000), for owning or keeping a vicious dog which attacks, assaults, wounds, 21
361	361	bites or otherwise injures or kills a human being. In the event a dog kills a person, the dog shall be 22
362	362	humanely euthanized. 23
363	363	(2)(1) The dog officer may confiscate a dog that has previously been declared dangerous 24
364	364	for any violation of this section and shall provide written notice of confiscation to the owner or 25
365	365	keeper of the dog if the owner or keeper is present at the time of confiscation. If the owner or keeper 26
366	366	of the dog is not present at the time of confiscation, the dog officer shall post written notice of 27
367	367	confiscation at the location of the seizure in a location that is readily visible. If the owner or keeper 28
368	368	does not contact the dog officer, or if the dog officer cannot, with a reasonable effort, contact the 29
369	369	owner or keeper, the dog may be euthanized under § 4-13-15. If the owner or keeper is found, the 30
370	370	The dog officer may give, but is not required to give, the owner or keeper additional time, up to ten 31
371	371	(10) days to meet the any previously imposed requirements. If the previously imposed requirements 32
372	372	are not met in the allotted time, including any extensions, the dog may be euthanized without 33
373	373	additional notice to the owner or keeper. The owner or keeper of the confiscated dog shall be 34
374	374
375	375
376	376	LC002364 - Page 11 of 16
377	377	responsible for all costs of care incurred by the city or town as set forth in § 4-13.1-11(e) and for 1
378	378	the actual cost of the humane euthanasia and disposal, if applicable. The owner or keeper will be 2
379	379	responsible for the kennel and euthanizing cost. 3
380	380	(3)(2) No person shall be charged under subsections (a), or (b), or (c), unless the dog, prior 4
381	381	to the offense alleged, has been declared vicious dangerous pursuant to the provisions of this 5
382	382	chapter. 6
383	383	(4)(3) If any dog declared vicious under § 4-13.1-11, seriously injures a person as that term 7
384	384	is defined in § 4-13.1-2 or kills or seriously injures a domestic animal and is declared to be 8
385	385	dangerous, the hearing panel dog may order the dog to be humanely euthanized, at the owner’s 9
386	386	expense, upon a unanimous vote of the hearing panel without any previous determination of 10
387	387	dangerousness being required. 11
388	388	(d)(1) Every city or town shall enact an ordinance requiring the licensing of dogs within 12
389	389	their jurisdiction at a an annual fee not to exceed ten twenty dollars ($10.00) ($20.00). In addition, 13
390	390	each city or town shall charge an additional fee of two ten dollars ($2.00) ($10.00) for each license, 14
391	391	that fee to be used exclusively by the cities and towns for enforcement of laws pertaining to animals. 15
392	392	(2) Every owner or keeper of any dog found to be in violation of any city or town ordinance 16
393	393	governing the licensing of dogs shall for the first offense be fined twenty-five dollars ($25.00) and 17
394	394	for a second violation of the ordinance shall be fined two hundred dollars ($200) and shall be 18
395	395	required at his or her own expense, to have the dog tattooed or microchipped in a manner prescribed 19
396	396	this chapter, and for a third or subsequent offense shall be fined five hundred dollars ($500), and 20
397	397	shall be required at his or her own expense, to have the dog tattooed or microchipped in a manner 21
398	398	prescribed by this chapter. 22
399	399	(3) No fine and/or tattooing or microchipping requirement shall be suspended by any court 23
400	400	of competent jurisdiction. 24
401	401	(e)(1) If the owner or keeper of a dog impounded for an alleged violation of §§ 4-13.1-3, 25
402	402	4-13.1-4, or 4-13.1-5 believes that there has not been a violation of those sections, the owner or 26
403	403	keeper may petition the district court which has jurisdiction in the city or town where the dog is 27
404	404	impounded praying that the impounded dog not be destroyed. The impounded dog shall not be 28
405	405	destroyed pending resolution of the owner’s or keeper’s petition. 29
406	406	(2) The petition shall be filed within five (5) days of impoundment of the dog. Notice shall 30
407	407	be served within five (5) days of the impoundment of the dog upon the dog officer or keeper of the 31
408	408	dog pound. The hearing shall be conducted within fourteen (14) days from serving of the notice. 32
409	409	(3) The decision of the district court may be appealed to the superior court by any aggrieved 33
410	410	party within forty eight (48) hours of the decision. The dog shall remain impounded pending the 34
411	411
412	412
413	413	LC002364 - Page 12 of 16
414	414	appeal. A hearing de novo, without a jury, shall be conducted within fourteen (14) days of the 1
415	415	appeal. 2
416	416	(4) The decision of the superior court shall be final and conclusive upon all parties thereto. 3
417	417	However, the dog officer or any law enforcement officer shall have the right to convene a hearing 4
418	418	under § 4-13.1-3 for any actions of the dog subsequent to the date of violation. If the court finds 5
419	419	that there has not been a violation of §§ 4-13.1-3 through 4-13.1-5, the dog may be released to the 6
420	420	custody of the owner or keeper. upon payment to the pound keeper or dog officer of the expense of 7
421	421	keeping the dog. The city or town councils may establish by ordinance a schedule of those costs. 8
422	422	(f) One-half (½) of all fines paid pursuant to this section shall be paid to the city or town 9
423	423	in which the violation occurred for the purpose of defraying the cost of the implementation of the 10
424	424	provisions of this chapter. 11
425	425	(g) No dog shall be destroyed within five (5) days of being impounded, exclusive of 12
426	426	Sundays and holidays, and which shall not include any day or part of a day that the public pound 13
427	427	is not open for a specified period of time, not to be less than one half (½) the normal hours of 14
428	428	business, for the purpose of reclaiming any such dog by its rightful owner. 15
429	429	(h) If a dog has been declared vicious pursuant to § 4-13.1-11, the owner or keeper shall 16
430	430	display a sign on his or her premises warning that there is a vicious dog on the premises. The sign 17
431	431	shall be visible and capable of being read from the public highway. 18
432	432	(i) If a dog has been declared vicious pursuant to § 4-13.1-11, the owner or keeper shall 19
433	433	sign a statement attesting that the owner or keeper shall maintain and not voluntarily cancel any 20
434	434	liability insurance required pursuant to this section during the twelve (12) month period for which 21
435	435	licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to 22
436	436	the expiration of the license. 23
437	437	(j) The owner or keeper shall notify the local police or animal control officer within two 24
438	438	(2) hours if a dog that has been declared vicious is on the loose, is unconfined, has attacked another 25
439	439	animal or has attacked a human being or has died. 26
440	440	(k) It shall be unlawful for any owner to sell or give away a dog that has been declared 27
441	441	vicious within the state. 28
442	442	(l) A dog officer is hereby empowered to make whatever inquiry is deemed necessary to 29
443	443	ensure compliance with the provisions of this chapter, and any such dog officer is hereby 30
444	444	empowered to seize and impound any dog that has been declared vicious whose owner or keeper 31
445	445	fails to comply with these provisions. 32
446	446	4-13.1-11. Determination of a vicious dog Determination of a dangerous dog. 33
447	447	(a) In the event that the dog officer or law enforcement officer has probable cause to believe 34
448	448
449	449
450	450	LC002364 - Page 13 of 16
451	451	that a dog is vicious dangerous, the chief dog officer, or his or her immediate supervisor, or the 1
452	452	chief of police, or his or her designee, is empowered to convene a hearing for the purpose of 2
453	453	determining whether or not the dog in question should be declared vicious dangerous. The dog 3
454	454	officer or chief of police shall conduct, or cause to be conducted, an investigation and shall notify 4
455	455	the owner or keeper of the dog that a hearing will be held, at which time he or she may have the 5
456	456	opportunity to present evidence why the dog should not be declared vicious dangerous. The dog 6
457	457	officer or chief of police shall also notify the alleged victim that a hearing will be held and of the 7
458	458	date, time and location of the hearing and at the hearing a representative of the city or town who is 8
459	459	not serving as a hearing panelist, will have the opportunity to present evidence as to why the dog 9
460	460	should be declared dangerous. The hearing shall be held promptly within no less than five (5), nor 10
461	461	more than ten (10), days after service of notice upon the owner or keeper of the dog. The hearing 11
462	462	shall be informal and shall be open to the public. The hearing shall be conducted by a panel of three 12
463	463	(3) persons that shall consist of the chief of police, or his or her designee, the executive director of 13
464	464	the Society for the Prevention of Cruelty to Animals (S.P.C.A.), or his or her designee; and a person 14
465	465	chosen by the chief of police and the executive director of the S.P.C.A. All members of the panel 15
466	466	shall have one vote in making a determination whether or not the dog in question is vicious 16
467	467	dangerous. Hearing officers shall have immunity. Hearing panels established pursuant to this 17
468	468	section are temporary in nature and exist for the sole purpose of considering whether the dog 18
469	469	referred to the panel is dangerous and shall disband once a determination as to whether or not the 19
470	470	dog is dangerous has been made. The provisions of chapter 46 of title 42 do not apply to hearings 20
471	471	held pursuant to this section. Any person in attendance at a hearing may create an audio recording 21
472	472	of the hearing. All official records related to the hearing shall be maintained by the city or town. 22
473	473	(b) After the hearing, the owner or keeper of the dog shall be notified in writing of the 23
474	474	determination. If a determination is made that the dog is vicious dangerous, the owner or keeper 24
475	475	shall comply with this chapter in accordance with a time schedule established by the dog officer or 25
476	476	chief of police, but in no case more than thirty (30) days subsequent to the date of the determination. 26
477	477	If the owner or keeper of the dog contests the determination, he or she may, within five (5) days of 27
478	478	that determination, bring a petition in the district court within the judicial district where the dog is 28
479	479	owned or kept, praying that the court conduct its own hearing on whether or not the dog should be 29
480	480	declared vicious dangerous. After service of notice upon the dog officer, the court shall conduct a 30
481	481	hearing de novo and make its own determination as to viciousness dangerousness. The hearing shall 31
482	482	be conducted within seven (7) days of the service of the notice upon the dog officer or law 32
483	483	enforcement officer involved. The issue shall be decided upon the preponderance of the evidence. 33
484	484	If the court rules the dog to be vicious dangerous, the court may establish a time schedule to ensure 34
485	485
486	486
487	487	LC002364 - Page 14 of 16
488	488	compliance with this chapter, but in no case more than thirty (30) days subsequent to the date of 1
489	489	the court’s determination. If the owner has not complied with the provisions of this chapter at the 2
490	490	end of thirty (30) days from the written notification that the dog is vicious dangerous, the dog may 3
491	491	be euthanized. 4
492	492	(c) The court may decide all issues for or against the owner or keeper of the dog regardless 5
493	493	of the fact that the owner or keeper fails to appear at the hearing. 6
494	494	(d) The determination of the district court shall be final and conclusive upon all parties. 7
495	495	The dog officer or any law enforcement officer shall have the right to convene a hearing under this 8
496	496	section for any subsequent actions of the dog. 9
497	497	(e) In the event that the dog officer or law enforcement officer has probable cause to believe 10
498	498	that the dog in question is vicious dangerous and may pose a threat of serious harm to human beings 11
499	499	or other domestic animals, the dog officer or law enforcement officer may seize and impound the 12
500	500	dog pending the hearings. If a dog that has been declared dangerous is in the custody of the city or 13
501	501	town at the time of the hearing, the dog officer may maintain custody of the dog until the appeal 14
502	502	period has expired and all appeals have been finally determined. If a dog that has been declared 15
503	503	dangerous in the care or custody of its owner or keeper at the time an appeal is taken, any conditions 16
504	504	imposed by the hearing panel will continue in full force and effect until the appeal is finally 17
505	505	determined by the court and any violation of any continuing condition shall be subject to any 18
506	506	penalties set forth in § 4-13.1-9. 19
507	507	The owner or keeper of the dog is liable to the city or town where the dog is impounded 20
508	508	for the costs and expenses of keeping the dog. The city or town council may establish by ordinance 21
509	509	a schedule of those costs and expenses. In the absence of a schedule of costs and expenses that have 22
510	510	been established by a city or town council, the cost of the care and treatment that is billed to the 23
511	511	owner or keeper shall be reasonable and related to the equivalent services provided by veterinary 24
512	512	care and animal sheltering, feeding, and boarding services in this state. 25
513	513	4-13.1-12. Uniform summons — Mail-in fines — Prosecution Prosecution and 26
514	514	enforcement. 27
515	515	The attorney general shall establish a uniform summons or citation to be used by state and 28
516	516	municipal law enforcement agencies in the enforcement of this chapter. Fines of one hundred 29
517	517	dollars ($100) or less may be paid by mail. All other costs, fines or penalties due to be paid to a 30
518	518	city or town hereunder that are not paid within ten (10) days following written demand from the 31
519	519	city or town, are subject to collection by a civil action initiated by the city or town in the district 32
520	520	court within the county where the city or town is situated. shall require a court appearance. Any 33
521	521	offense under this chapter may be prosecuted by complaint. 34
522	522
523	523
524	524	LC002364 - Page 15 of 16
525	525	4-13.1-13. Liability of parents for damages caused by dog owned by minor. 1
526	526	In the event that the owner or keeper of the vicious dangerous dog is a minor, the parent or 2
527	527	guardian of that minor is liable for all injuries and property damage sustained by any person or 3
528	528	domestic animal caused by an unprovoked attack by that vicious dangerous dog. 4
529	529	SECTION 3. This act shall take effect upon passage. 5
530	530	========
531	531	LC002364
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533	533
534	534
535	535	LC002364 - Page 16 of 16
536	536	EXPLANATION
537	537	BY THE LEGISLATIVE COUNCIL
538	538	OF
539	539	A N A C T
540	540	RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- REGULATION OF VICIOUS
541	541	DOGS
542	542	***
543	543	This act would change the term vicious dogs to dangerous dogs, would expand on 1
544	544	requirements relative to leashes, enclosures, address fines and penalties, require signage, prevent 2
545	545	dangerous dogs from being left outside unless in an enclosure and provide other requirements upon 3
546	546	owners or keepers of dangerous dogs and set out notice and hearing requirements. 4
547	547	This act would take effect upon passage. 5
548	548	========
549	549	LC002364
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551	551