§ 4-13.1-9 - Penalties for violation – Licensing ordinances and fees.
SECTION 4-13.1-9
§ 4-13.1-9 Penalties for violation –Licensing ordinances and fees. – (a) Any dog declared vicious under § 4-13.1-11:
(1) Whose owner or keeper does not secure the liabilityinsurance coverage required in accordance with § 4-13.1-3;
(2) Which is not maintained on property with an enclosure;
(3) Which is outside of the dwelling of the owner or keeper,or outside of an enclosure except as provided in § 4-13.1-4; or
(4) Which is not tattooed or microchipped, may be confiscatedby a dog officer or may be destroyed in an expeditious and humane manner afterthe expiration of a five (5) day waiting period exclusive of Sundays andholidays which shall not include any day or part thereof that the public poundis not open for a specified period of time, not to be less than one half (1/2)the normal hours of business, for the purpose of reclaiming any such dog by itsrightful owner. In addition, the owner or keeper shall pay a five hundred fiftydollar ($550) fine.
(5) Provided, further, that in addition to the violationslisted herein, if any section of this chapter does not specifically provide apenalty for a violation, the penalty shall be five hundred fifty dollars ($550)for the first offense and one thousand dollars ($1000) for any subsequentviolation.
(b) If any dog declared vicious under § 4-13.1-11, whenunprovoked, kills, wounds, or worries or assists in killing or wounding anyanimal described in § 4-13.1-7, the owner or keeper of the dog shall pay afive hundred fifty dollar ($550) fine. The dog officer is empowered toconfiscate the dog. After the expiration of a five (5) day waiting period,excluding Sundays and holidays, which shall not include any day or part thereofthat the public pound is not open for a specified period of time, not to beless than one half (1/2) the normal hours of business, for the purpose of therightful owner's reclaiming the dog, the dog officer may destroy the viciousdog. For each subsequent violation, the owner or keeper of the dog shall pay afine of one thousand dollars ($1,000).
(c) If any dog declared vicious under § 4-13.1-11, whenunprovoked, attacks, assaults, wounds, bites, or otherwise injures, kills orseriously injures a human being, the owner or keeper shall pay a fine of onethousand dollars ($1,000) and the dog officer is empowered to confiscate and,after the expiration of a five (5) day waiting period, which shall not includeany day or part thereof that the public pound is not open for a specifiedperiod of time, not to be less than one half (1/2) the normal hours ofbusiness, for the purpose of reclaiming any such dog by its rightful owner, maydestroy the vicious dog. For each subsequent violation, the owner or keepershall pay a fine of one thousand dollars ($1,000), for owning or keeping avicious dog which attacks, assaults, wounds, bites or otherwise injures orkills a human being. In the event a dog kills a person, the dog shall behumanely euthanized.
(2) The dog officer may confiscate a dog for any violation ofthis section. If the owner or keeper does not contact the dog officer, or ifthe dog officer cannot, with a reasonable effort, contact the owner or keeper,the dog may be euthanized under § 4-13-15. If the owner or keeper isfound, the dog officer may give the owner or keeper up to ten (10) days to meetthe previously imposed requirements. If the requirements are not met in theallotted time, the dog may be euthanized. The owner or keeper will beresponsible for the kennel and euthanizing cost.
(3) No person shall be charged under subsections (a), (b) or(c), unless the dog, prior to the offense alleged, has been declared viciouspursuant to the provisions of this chapter.
(4) If any dog declared vicious under § 4-13.1-11,seriously injures a person as that term is defined in § 4-13.1-2 or killsor seriously injures a domestic animal, the dog may be humanely euthanized, atthe owner's expense, upon a unanimous vote of the hearing panel.
(d) Every city or town shall enact an ordinance requiring thelicensing of dogs within their jurisdiction at a fee not to exceed ten dollars($10.00). In addition, each city or town shall charge an additional fee of twodollars ($2.00) for each license, that fee to be used exclusively by the citiesand towns for enforcement of laws pertaining to animals.
(2) Every owner or keeper of any dog found to be in violationof any city or town ordinance governing the licensing of dogs shall for thefirst offense be fined twenty-five dollars ($25.00) and for a second violationof the ordinance shall be fined two hundred dollars ($200) and shall berequired at his or her own expense, to have the dog tattooed in a mannerprescribed this chapter, and for a third or subsequent offense shall be finedfive hundred dollars ($500), and shall be required at his or her own expense,to have the dog tattooed or microchipped in a manner prescribed by this chapter.
(3) No fine and/or tattooing or microchipping requirementshall be suspended by any court of competent jurisdiction.
(e) If the owner or keeper of a dog impounded for an allegedviolation of §§ 4-13.1-3, 4-13.1-4, or 4-13.1-5 believes that therehas not been a violation of those sections, the owner or keeper may petitionthe district court which has jurisdiction in the city or town where the dog isimpounded praying that the impounded dog not be destroyed. The impounded dogshall not be destroyed pending resolution of the owner's or keeper's petition.
(2) The petition shall be filed within five (5) days ofimpoundment of the dog. Notice shall be served within five (5) days of theimpoundment of the dog upon the dog officer or keeper of the dog pound. Thehearing shall be conducted within fourteen (14) days from serving of the notice.
(3) The decision of the district court may be appealed to thesuperior court by any aggrieved party within forty eight (48) hours of thedecision. The dog shall remain impounded pending the appeal. A hearing de novo,without a jury, shall be conducted within fourteen (14) days of the appeal.
(4) The decision of the superior court shall be final andconclusive upon all parties thereto. However, the dog officer or any lawenforcement officer shall have the right to convene a hearing under §4-13.1-3 for any actions of the dog subsequent to the date of violation. If thecourt finds that there has not been a violation of §§ 4-13.1-3through 4-13.1-5, the dog may be released to the custody of the owner or keeperupon payment to the pound keeper or dog officer of the expense of keeping thedog. The city or town councils may establish by ordinance a schedule of thosecosts.
(f) One-half ( 1/2) of all fines paid pursuant to thissection shall be paid to the city or town in which the violation occurred forthe purpose of defraying the cost of the implementation of the provisions ofthis chapter.
(g) No dog shall be destroyed within five (5) days of beingimpounded, exclusive of Sundays and holidays, and which shall not include anyday or part of a day that the public pound is not open for a specified periodof time, not to be less than one half (1/2) the normal hours of business, forthe purpose of reclaiming any such dog by its rightful owner.
(h) If a dog has been declared vicious pursuant to §4-13.1-11, the owner or keeper shall display a sign on his or her premiseswarning that there is a vicious dog on the premises. The sign shall be visibleand capable of being read from the public highway.
(i) If a dog has been declared vicious pursuant to §4-13.1-11, the owner or keeper shall sign a statement attesting that the owneror keeper shall maintain and not voluntarily cancel any liability insurancerequired pursuant to this section during the twelve (12) month period for whichlicensing is sought, unless the owner or keeper shall cease to own or keep thevicious dog prior to the expiration of the license.
(j) The owner or keeper shall notify the local police oranimal control officer within two (2) hours if a dog that has been declaredvicious is on the loose, is unconfined, has attacked another animal or hasattacked a human being or has died.
(k) It shall be unlawful for any owner to sell or give away adog that has been declared vicious within the state.
(l) A dog officer is hereby empowered to make whateverinquiry is deemed necessary to ensure compliance with the provisions of thischapter, and any such dog officer is hereby empowered to seize and impound anydog that has been declared vicious whose owner or keeper fails to comply withthese provisions.