Senate Bill #2055 (2018)

AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CARE OF DOGS

Defines the term "adequate shelter" where dogs may be kept. It would limit the weight of any dog chain or tether to one-eighth (1/8) of the dogs total body weight. In addition it would limit the time dogs may be tethered outdoors.

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Changes since original draft

  • 2018 – S 2055
  • 2018 – S 2055 SUBSTITUTE A
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  • LC003344
  • LC003344/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CARE OF DOGS
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY CARE OF DOGS
  • Introduced By: Senators Lynch Prata, Sosnowski, Coyne, Goodwin, and McCaffrey
  • Date Introduced: January 18, 2018
  • Referred To: Senate Environment & Agriculture
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 4-13-42 of the General Laws in Chapter 4-13 entitled "Dogs" is hereby amended to read as follows:
  • 4-13-42. Care of dogs.
  • (a) It shallbe a violation of this section for an owner or keeper to:
  • (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6') radius at ground level.
  • (2) Tether a dog with a choke-type collar or prong-type collar.
  • (3) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour period or keep any dog confined in a pen, cage, or other shelter for more than fourteen (14) hours during any twenty-four (24) hour period.
  • (4) Keep any dog outside either tethered, penned, caged, fenced, or otherwise confined without access to an outdoor housing facility when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing signs of poor health due to the weather conditions.
  • (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog with adequate feed,adequate water,or adequate veterinary care as those terms are defined in § 4- 19-2; provided however, that adequate veterinary care may be provided by an owner using acceptable animalhusbandry practices.
  • (c) Any person in violation of this section shall be given a warning for a first violation. Second and subsequent violations of this subsection can be considered a violation of § 4-1-2. Each day of violation shall constitute a separate offense.
  • (d) The provisions of this section shall not apply:
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 4-13-1.2 and 4-13-42 of the General Laws in Chapter 4-13 entitled "Dogs" are hereby amended to read as follows:
  • 4-13-1.2. Definitions.
  • (1) "Adequate shelter" means the provision of and access to shelter that is suitable for the species, age, condition, size, and type of each dog; provides sufficient space for the dog to maintain comfortable rest, normal posture and range of movement; is safe to protect each dog from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering and impairment of health. Shelters with wire grid or slat floors which permit the dog's feet to pass through the openings, sag under the dog's weight or otherwise do not protect the dog's feet from injury, are not considered adequate shelter.
  • (1)(2) "Board" means the rabies control board.
  • (2)(3) "Department" means the department of environmental management or its successor.
  • (3)(4) "Director" means the director of the department of environmental management (or its successor) or his or her designee.
  • (4)(5) "Division" means the division of agriculture.
  • (5)(6) "Guardian" means a person(s) having the same rights and responsibilities as an owner or keeper, and the terms may 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) "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.
  • (7)(8) "Owner or 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 that person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.
  • (8)(9) "Person" means an individual, firm, joint stock company, partnership, association, private or municipal corporation, trust, estate, state, commission, political subdivision, any interstate body, the federal government or any agency or subdivision of the federal government, other government entity, or other legal entity.
  • (9)(10) "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.
  • (10)(11) "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.
  • (11)(12) "Tether" means the practice of fastening a dog to a stationary object or stake by a chain, rope or other tethering device as a means of keeping the dog under control. A dog being walked on a leash is not tethered.
  • 4-13-42. Care of dogs.
  • (a) It shall be a violation of this section for an owner or keeper to:
  • (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6') radius at ground level.
  • (2) Tether a dog with a choke-type collar, head collar or prong-type collar. The weight of any chain or tether shall not exceed one-eighth (1/8) of the dog's total body weight.
  • (3) Keep any dog tethered for more than ten (10) hours during a twenty-four (24) hour period or keep any dog confined in an area or primary enclosure a pen, cage, or other shelter for more than fourteen (14) hours during any twenty-four (24) hour period, and more than ten (10) hours during a twenty-four (24) hour period, if the area is not greater than that which is required under the most recently adopted version of the department of environmental management's rules and regulations governing animal care facilities.
  • (4) Tether a dog anytime from the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.
  • (4)(5) Keep any dog outside either tethered, penned, caged, fenced, or otherwise confined without access to an outdoor housing facility when the ambient temperature is beyond the industry standard for the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing signs of poor health due to the weather conditions.
  • (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog with adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4- 19-2; provided however, that adequate veterinary care may be provided by an owner using acceptable animal husbandry practices.
  • (c) Any person in violation of this section shall be given a warning for a first violation. Second and subsequent violations of this subsection can be considered a violation of § 4-1-2. Each day of violation shall constitute a separate offense. Exposing any dog to adverse weather conditions strictly for the purpose of conditioning shall be prohibited.
  • (d) The provisions of this section, as they relate to the duration and timeframe of tethering or confinement, shall not apply:
  • (1) If the tethering or confinement is authorized for medical reasons in writing by a veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is provided;
  • (2) If tethering or confinement is authorized in writing by an animal control officer;
  • (3) To a training facility, grooming facility, commercial boarding kennel, pet shop licensed in accordance with chapter 19 of this title, animal shelter, municipal pound, or veterinary facility;
  • (4) To licensed hunters, field trial participants, or any person raising or training a gun dog or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively engaged in hunting, training, or field trial hunt testing or is transporting the dog to or from an event;
  • (5) To livestock farmers who use their dogs to protect their livestock from predators;
  • (6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. § 2133) that are temporarily in the state; or
  • (7) To sled dog owners who are actively training their dogs to pull sleds in winter conditions.
  • (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11) months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. Each day of violation shall constitute a separate offense.
  • (f) General agents or special agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in cooperation with animal control officers.
  • SECTION 2. This act shalltake effect upon passage.
  • (2) If tethering or confinement is authorized in writing by an animal control officer, or duly sworn police officer assigned to the animal control division, for the purposes, including, but not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be renewed annually. Such written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept shall be considered valid in every other political subdivision of the state. Such written authorization issued by an animal control officer or duly sworn police officer assigned to the animal control division in the political subdivision of the state where the dogs are kept is revocable by that animal control officer or police officer if there are any conditions present that warrant revocation. Such conditions include, but are not limited to, changes in the number or type of dogs, changes in the facility structure or safety, and changes in the health of the dog;
  • (3) To a training facility, grooming facility, commercial boarding kennel, pet shop licensed in accordance with chapter 19 of this title, animal shelter, municipal pound, To any entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary facility;
  • (4) To licensed hunters, field trial participants, or any person raising or training a gun dog or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively engaged in hunting, training, or field trial hunt testing or is transporting the dog to or from an event;
  • (5) To livestock farmers who use their dogs to protect their livestock from predators;
  • (6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. § 2133) that are temporarily in the state, if authorized by the department of environmental management (DEM); or
  • (7) To sled dog owners who are actively training their dogs to pull sleds in winter conditions.
  • (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11) months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. Each day of violation shall constitute a separate offense.
  • (f) General agents or special agents of the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in cooperation with animal control officers and the department of environmental management (DEM).
  • SECTION 2. This act shall take effect upon passage.
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  • LC003344
  • LC003344/SUB A
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  • LC003344 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CARE OF DOGS
  • ***
  • This act would repeal exception which allows hunting dogs to be kept outdoors in cold weather.
  • This act would take effect upon passage. ======== LC003344 ========
  • LC003344 - Page 3of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY CARE OF DOGS
  • ***
  • This act would define the term "adequate shelter" where dogs may be kept. It would limit the weight of any dog chain or tether to one-eighth (1/8) of the dogs total body weight. In addition it would limit the time dogs may be tethered outdoors.
  • This act would take effect upon passage. ======== LC003344/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

May 30, 2018 at 4:32pm
Yeas: 35 / Nays: 0 / Not voting: 2 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano NV
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for PASSAGE IN CONCURRENCE

June 22, 2018 at 9:47pm
Yeas: 66 / Nays: 0 / Not voting: 9 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale NV
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee NV
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield NV