The text
Sec. 4-20. - Overwork, mistreatment, or failure to feed animals.#
(a)
Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500.00), or both. If the offense described in this section results in the death of the animal, the person shall be punished in the manner provided in section 4-24.
(b)
Any person who has been previously convicted of an offense provided for in this chapter and/or in Chapter 1 of Title 4 of the R.I.G.L. shall, upon conviction of a second or subsequent violation within a ten-year (10) period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars ($500.00) and not exceeding five thousand dollars ($5,000.00), or both. In addition, every person convicted under this Article and/or Chapter 1 of Title 4 of the R.I.G.L. of a second or subsequent offense shall be required to serve one hundred (100) hours of community restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.
(c)
Every owner, possessor, or person having charge of any animal may, upon conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal to the animal control officer or to a humane society that owns and operates a duly licensed shelter.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1-2
Sec. 4-21. - Unnecessary cruelty.#
(a)
Every owner, possessor, or person having the charge or custody of any animal, who cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal, or who carries that animal or who fails to provide that animal with adequate living conditions as defined in this chapter, or who engages in the hazardous accumulation of animals, or causes that animal to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman manner; or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or permits that animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or who places, or causes to have placed, on any animal any substance that may produce irritation or pain or that is declared a hazardous substance by the U.S. Food and Drug Administration or by the State Department of Health, shall be punished for each offense in the manner provided in section 4-20 and/or R.I.G.L. § 4-1-2. If the offense described in this section results in the death of the animal, the person shall be punished in the manner provided in section 4-24 and/or R.I.G.L. § 4-1-5. If any owner, possessor, or person having the charge or custody of any animal is found guilty of or pleads nolo contendere to a violation of this section and said violation involves the hazardous accumulation of animals, the court shall, in imposing a penalty under this section, take into account whether the defendant's conduct could be considered to be the result of a mental health disorder as defined in R.I.G.L. § 27-38.2-2.
(b)
The substances proscribed by subsection (a) do not include any drug having curative and therapeutic effect for disease in animals and that is prepared and intended for veterinary use.
(c)
University, college, or hospital research facilities licensed and/or inspected by the U.S. Department of Agriculture or the U.S. Public Health Service of the Department of Health and Human Services shall be exempt from the provisions of subsection (a) provided that they are in good standing with the federal agency responsible for licensing or assurance of the facility.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1-3
Sec. 4-22. - Animal confinement in motor vehicles prohibited.#
(a)
No owner or person shall confine any animal in a motor vehicle that is done in a manner that places the animal in a life-threatening or extreme health-threatening situation by exposing it to a 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, law enforcement officer, or fire fighter who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means necessary under the circumstances after making a reasonable effort to locate the owner or other responsible person.
(b)
A law enforcement officer, animal control officer, or fire fighter may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's health, safety, 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.
(c)
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. A law enforcement officer, animal control officer, or fire fighter may enter the motor vehicle for the sole purpose of rescue or release of the animal and may not search the vehicle unless otherwise permitted by law.
(d)
A law enforcement officer, animal control officer, or fire fighter who removes an animal in accordance with this section shall, in a secure and conspicuous location on 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 retrieved. The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.
(e)
A law enforcement officer, animal control officer, or fire fighter 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.
(f)
Any person who knowingly violates this section shall be punished by imprisonment for a term not exceeding one (1) year or by a fine of no more than one thousand dollars ($1,000.00), or both.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1-3.2
Sec. 4-23. - Abandonment of infirm animals.#
If any maimed, sick, infirm, or disabled animal is abandoned to die, by any owner or person having charge of that animal, that person shall, for each offense, be punished in the manner provided in section 4-20.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1-4
Sec. 4-24. - Malicious injury to or killing of animals.#
(a)
Every person who cuts out the tongue or otherwise dismembers any animal maliciously; or maliciously kills or wounds any animal; or maliciously administers poison to or exposes any poisonous substance with intent that the poison shall be taken or swallowed by any animal; or who maliciously exposes poisoned meat with intent that the poison meat is taken or swallowed by any wild animal, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000.00), and shall, in the case of any animal of another, be liable to the owner of this animal for triple damages, to be recovered by civil action. In addition, any person convicted under this section is required to serve fifty (50) hours of community restitution. The community restitution penalty shall not be suspended or deferred and is mandatory.
(b)
This section shall not apply to licensed hunters during hunting season or a licensed business killing animals for human consumption.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1-5
Sec. 4-25. - Abandonment of animals.#
(a)
If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure without providing for the care of that animal, he or she shall be punished in the manner provided in section 4-20 for each such offense. If this abandonment results in the death of the animal, the person shall be punished in the manner provided in section 4-24.
(b)
Any duly licensed pound or animal shelter shall deem abandoned any animal impounded and not redeemed by its owner within ten (10) days of impoundment if such animal is wearing identification. Any animal impounded and not wearing identification shall be deemed abandoned if not redeemed by its owner within five (5) days of impoundment. Any animal deemed abandoned shall become the property of the impounding agency and may be adopted.
(c)
Any pound or animal shelter shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal, including scanning the animal for a microchip.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1-26
Sec. 4-26. - Seizure of animals being cruelly treated.#
(a)
The animal control officer may lawfully take charge and possession of any animal found abandoned or neglected or hazardously accumulated, or in the opinion of the officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and may thereupon proceed to provide all necessary care and treatment required or take other appropriate action as determined by a licensed veterinarian.
(b)
Any person authorized to seize an animal pursuant to this Section must leave written notice on the property where the animal was seized within twenty-four (24) hours of the seizure. This notice must be left in a location where it is reasonably likely to be found and must include the name, address, telephone number, and signature of the person seizing the animal; the reason for seizing the animal; and the location where the seized animal is being kept pending any order pursuant to Section 4-28. If the address of the animal owner is known, notification through certified mail with return receipt requested shall also be provided.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1.2-1
Sec. 4-27. - Notice of hearing.#
Any authorized person making a seizure under section 4-26 may file with a district court that has jurisdiction over the matter a verified petition plainly stating those facts as to bring such animal within the jurisdiction of the court and praying for appropriate action by the court in accordance with the provisions of this chapter. Upon the filing of the petition, the court shall cause a summons to be issued requiring the owner(s) or person(s) having responsibility for the care of the animal, if known, to appear in court at the time and place named, which summons shall be served not less than fourteen (14) days before the date of the hearing. If the owner(s) or person(s) having responsibility for the care of the animal is not known, notice of the time and place of the hearing shall be given by publication in a newspaper having a circulation in the town in which the officer took charge of the animal not less than fourteen (14) days before the date of the hearing. The court shall further give notice to the petitioner of the time and place of the hearing not less than fourteen (14) days before the date of the hearing.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1.2-2
Sec. 4-28. - Order for temporary care of seized animals.#
(a)
If it appears from the allegations of the petition and other affirmations of fact accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find that the animal's condition or the circumstances surrounding its care require that its custody be immediately assumed to safeguard its welfare, the court shall either:
(1)
Issue an order to the owner(s) or person(s) having responsibility for the care of the animal to show cause at such time as the court may designate why the court shall not vest in some suitable state, municipal, or other public or private agency or person the animal's temporary care and custody pending a hearing on the petition; or
(2)
Issue an order vesting in some suitable state, municipal, or other public or private agency or person, the animal's temporary care and custody, pending a hearing on the petition, which hearing shall be held within ten (10) days from the issuance of the order on the need for such temporary care and custody. The service of the orders may be made by any officer authorized by law to serve process, state police officer, indifferent person, or by certified mail with return receipt requested if the individual lives out of state.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1.2-3
Sec. 4-29. - Posting of bond.#
(a)
If the court issues an order pursuant to section 4-28 vesting the animal's temporary care and custody in some suitable state, municipal, or other public or private agency or person, the owner(s) shall either surrender ownership of the animal or post a surety bond or cash bond with the agency or person in whom the animal's temporary care and custody was vested. The surety bond or cash bond shall be in an amount sufficient to pay the reasonable expenses related to necessary veterinary care, shelter, feeding, and board that is reasonably anticipated to be incurred by the agency or person having temporary care and custody of the animal during the litigation of the process referenced in section 4-26.
(b)
The surety bond or cash bond shall cover the expenses for a period as decided by the court with subsequent bonds being necessary upon the expiration of the preceding bond until the animal is transferred, returned, or otherwise treated pursuant to section 4-30. Failure to post the original or subsequent bonds will result in forfeiture of the seized animals, with disposition as provided for pursuant to section 4-30.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1.2-4
Sec. 4-30. - Disposition of seized animals.#
(a)
If a seized animal is forfeited or surrendered pursuant to section 4-29, or after hearing the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the animal in any state, municipal, or other public or private agency that is permitted by law to care for neglected or cruelly treated animals or with any person found to be suitable or worthy of the responsibility by the court.
(b)
If, after hearing, the court finds that the animal is so injured or diseased, the court may order the animal into the care of a licensed veterinarian to provide the animal with appropriate treatment.
(c)
If, after hearing, the court finds that the animal is not neglected or cruelly treated, it may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care or, if the owner(s) or person(s) is unknown or unwilling to resume caring for the animal, it may transfer ownership of the animal to any state, municipal, or other public or private agency or person found to be suitable or worthy of the responsibility.
(d)
If the court renders a final decision under subsection (a) or (b) of this section, the agency or person with whom the bond was posted shall return the balance, if any, of the bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the number of days less than thirty (30) that the agency or person has not had temporary care and custody of the animal.
(e)
If the court makes a finding pursuant to subsection (c) of this section after the issuance of an order of temporary care and custody pursuant to section 4-28 and the owner(s) of the animal has posted a bond pursuant to section 4-29, the agency or person with whom the bond was posted shall return all the bond(s) to the owner(s).
(f)
Unless the court finds that there was no probable cause to institute a complaint that the animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in providing proper food, shelter, and care to an animal it has seized pursuant to this chapter and the expense incurred by any state, municipal, or other public or private agency or person in providing temporary care and custody to an animal pursuant to the provisions of this chapter shall be determined by calculating the average costs from three (3) providers of the necessary equivalent services related to the veterinary care, sheltering, feeding, and board in the state, which was provided to the animal.
(Ch. 291, 12-4-23)
State Law reference— R.I.G.L. § 4-1.2-5