(a)  Notwithstanding any provision of the general or public laws to the contrary, it shall be unlawful to dispose of any animal by using a carbon monoxide chamber or gas chamber. All animals that must be disposed of by a municipal pound or shelter, the humane society, an animal shelter, rescue, pet shop, breeder, kennel, or any other entity that is required to be licensed or registered under this chapter must be disposed of by lethal injection. In the event of an emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion of the animal-control officer, animal-control administrator, approved humane investigator, animal shelter employee, or agent of any other entity so required to be licensed under the provisions of this chapter, the animal is so severely injured, diseased, or suffering in such a manner the animal cannot otherwise be humanely destroyed in an expeditious manner, the animal may be destroyed by shooting; provided, that:

(1)  Maximum precaution is taken to minimize the animal’s suffering and to protect other persons and animals;

(2)  The animal is restrained in a humane manner;

(3)  Shooting is performed by highly skilled and trained personnel utilizing a weapon, ammunition of suitable caliber, and other characteristics, and proper placement of the shot to produce an instantaneous death by a single gunshot.

If any type of restraint or confinement is deemed necessary for the safety of those involved, or for efficiency in euthanizing the animal, it must be done in the most humane way possible to cause the least amount of additional stress to that animal.

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Terms Used In Rhode Island General Laws 4-19-12

  • Animal: means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep, goats, swine, and domestic fowl. See Rhode Island General Laws 4-19-2
  • Animal shelter: means a brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. See Rhode Island General Laws 4-19-2
  • animal-control officer: means any person employed, contracted, or appointed by the state, or any political subdivision of the state, for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats, or other animals; the control of dogs, cats, or other animals; or the seizure and impoundment of dogs, cats, or other animals and includes any state or municipal peace officer, animal-control officer, sheriff, constable, or other employee whose duties, in whole or in part, include assignments that involve the seizure or taking into custody of any dog, cat, or other animal. See Rhode Island General Laws 4-19-2
  • Breeder: means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below. See Rhode Island General Laws 4-19-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dealer: means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility. See Rhode Island General Laws 4-19-2
  • Director: means the director of environmental management of the state of Rhode Island. See Rhode Island General Laws 4-19-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Kennel: means a place or establishment, other than a pound or animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee. See Rhode Island General Laws 4-19-2
  • Licensed releasing agency: means any animal shelter, animal-rescue, pound, animal-control officer, or broker that is required to be licensed or registered with the director pursuant to the provisions of this chapter and is so licensed or registered. See Rhode Island General Laws 4-19-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pet shop: means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. See Rhode Island General Laws 4-19-2
  • rescue: means an entity, without a physical brick-and-mortar facility, that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption. See Rhode Island General Laws 4-19-2
  • Research facility: means any place, laboratory, or institution at which scientific tests, investigations, or experiments involving the use of living animals are carried out, conducted, or attempted. See Rhode Island General Laws 4-19-2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

(b)(1)  No dog officer shall give or sell, or negotiate for the gift or sale, to a dealer or research facility of any animal that may come into his or her custody in the course of carrying out his or her official assignments.

(2)  No dog officer shall be granted a dealer’s license. Each application for a dealer’s license shall include a statement made under oath, that neither the applicant, nor any member or employee of the firm, partnership, or corporation making application, is a dog officer within the meaning of this chapter.

(3)  A dog officer, or other licensed releasing agency, upon taking custody of any animal in the course of his, her, or its official duties, shall immediately make a record of the matter in the manner prescribed by the director and the record shall include a description of the animal, including: color, breed, sex, reason for seizure, location of seizure, the owner’s name and address if known, and all license or other identification numbers if any. Complete information relating to the disposition of the animal, including compliance with the provisions of §§?4-19-16 and 4-19-18 and any legal actions taken to uphold and enforce this law, shall be added in the manner provided by the director immediately after disposition. The information shall be forwarded monthly to the department of environmental management.

(c)  This section shall not apply to any research laboratories or facilities of any hospital, college, or university within the state.

History of Section.
P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 420, § 1; P.L. 2000, ch. 162, § 1; P.L. 2005, ch. 125, § 1; P.L. 2005, ch. 203, § 1; P.L. 2005, ch. 256, § 2; P.L. 2005, ch. 262, § 2; P.L. 2016, ch. 488, § 1; P.L. 2016, ch. 490, § 1; P.L. 2017, ch. 447, § 1; P.L. 2017, ch. 475, § 1.