§ 4-13.1-2 - Definitions.
SECTION 4-13.1-2
§ 4-13.1-2 Definitions. – As used in §§ 4-13.1-1 – 4-13.1-14, the following words andterms shall have the following meanings, unless the context indicates anotheror different meaning or intent:
(1) "Dog officer" means any person defined by the provisionsof chapter 19 of this title.
(2) "Domestic animals" means animals which, through extremelylong association with humans, have been bred to a degree which has resulted ingenetic changes affecting the temperament, color, conformation, or otherattributes of the species to an extent that makes them unique anddistinguishable from wild individuals of their species. Such animals mayinclude but are not limited to:
(i) Domestic dog (Canis familiaris);
(ii) Domestic cat (Felis catus);
(iii) Domestic horse (Equus caballus);
(iv) Domestic ass, burro, and donkey (Equus asinus);
(v) Domestic cattle (Bos taurus and Bos indicus);
(vi) Domestic sheep (Ovi aries);
(vii) Domestic goat (Capra hircus);
(viii) Domestic swine (Sus scrofa domestica);
(ix) Llama (lama alama);
(x) Alpaca (lama pacos);
(xi) Camels (Camelus bactrianus and Camel dromedarius);
(xii) Domestic races of European rabbit (Oryctolaguscuniculus);
(xiii) Domestic races of chickens (Callus gallus);
(xiv) Domestic races of duck and geese (Anatidae)morphologically distinguishable from wild birds;
(xv) Domestic races of guinea fowl (Numida meleagris);
(xvi) Domestic races of peafowl (Pavo scristatus).
(3) "Enclosure" means a fence or structure of at least sixfeet (6') in height, forming or causing an enclosure suitable to prevent theentry of young children, and suitable to confine a vicious dog in conjunctionwith other measures which may be taken by the owner or keeper, such astethering of the vicious dog. The enclosure shall be securely enclosed andlocked and designed with secure sides, top, and bottom and shall be designed toprevent the animal from escaping from the enclosure.
(4) "Impounded" means taken into the custody of the publicpound in the city or town where the vicious dog is found.
(5) "Person" means a natural person or any legal entity,including but not limited to, a corporation, firm, partnership, or trust.
(6) "Vicious dog" means:
(i) Any dog that, when unprovoked, in a vicious orterrorizing manner, approaches any person in apparent attitude of attack uponthe streets, sidewalks, or any public grounds or places;
(ii) Any dog with a known propensity, tendency, ordisposition to attack unprovoked, to cause injury, or to otherwise endanger thesafety of human beings or domestic animals;
(iii) Any dog that bites, inflicts injury, assaults, orotherwise attacks a human being or domestic animal without provocation onpublic or private property; or
(iv) Any dog owned or harbored primarily or in part for thepurpose of dog fighting or any dog trained for dog fighting.
Notwithstanding the definition of a vicious dog in subsection(6), no dog may be declared vicious in accordance with § 4-13.1-11 of thischaper if an injury or damage is sustained by a person who, at the time thatinjury or damage was sustained, was committing a trespass or other tort uponpremises occupied by the owner or keeper of the dog, or was teasing,tormenting, provoking, abusing or assaulting the dog or was committing orattempting to commit a crime.
No dog may be declared vicious if an injury or damage wassustained by a domestic animal which at the time that injury or damage wassustained was teasing, tormenting, provoking, abusing or assaulting the dog. Nodog may be declared vicious if the dog was protecting or defending a humanbeing within the immediate vicinity of the dog from an unjustified attack orassault.
(7) "Guardian" shall mean a person(s) having the same rightsand responsibilities of an owner, and both terms shall be used interchangeably.A guardian shall also mean a person who possesses, has title to or an interestin, harbors or has control, custody or possession of an animal and who isresponsible for an animal's safety and well-being.
(8) "Muzzle" means a device which shall not cause injury tothe dog or interfere with its vision or respiration but shall prevent the dogfrom biting a person or animal.
(9) "Serious injury" means any physical injury consisting ofa broken bone(s) or permanently disfiguring lacerations requiring stitches,multiple stitches or sutures, or cosmetic surgery.
(10) "Enclosed area" means an area surrounded by a fence thatwill prevent the dog from leaving the owner's property.
(11) "Tie-out" means a cable, rope, light weight chain, orother means attached to the dog that will prevent the dog from leaving theowner's property.
(12) "Leash" means a rope, cable, nylon strap, or other meansattached to the dog that will provide the owner with control of the dog.