Sec. 3-29. - Animal confinement in motor vehicles prohibited—Transporting animals.

(a)

No owner or person shall confine any animal in a motor vehicle in such a manner that places the animal in a life or health threatening situation by exposure to prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.

(b)

A law enforcement officer or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death. Nothing in this section shall prevent a law enforcement officer or animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(c)

A law enforcement officer or animal control officer who removes an animal in accordance with this section shall, in a secure and conspicuous location or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.

(d)

A law enforcement officer or animal control officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.

(e)

Any animal control officer may issue the person(s) in violation of this section a fine of $100.00 for a first violation, $200.00 and seizure of the animal for a second violation, and $400.00 and the seizure of the animal for the third violation. Second and subsequent violations of this section may be considered a violation of G.L. 1956, § 4-1-2.

(f)

It shall be unlawful for any person to transport any animal or animals either for business or pleasure on or in an open-air motor vehicle unless the animal, or animals, being transported:

(1)

Is kept in an enclosed area of the motor vehicle;

(2)

The animal or animals are under the physical control of a person other than the operator of the motor vehicle; or

(3)

The animal or animals are placed in the motor vehicle and safely restrained by a harness manufactured for the purpose of restraining animals by means other than neck restraints.

(4)

Any person violating the provisions of this subsection shall be punished by a fine of not more than $50.00 for a first offense, nor more than $200.00 for each subsequent offense. (G.L. 1956, § 31-22-28)

(Ch. 523, § I, 1-4-11; Ch. 557, § VIII, 6-5-12)