(a)  No person shall operate a public auction or a kennel, as defined in this chapter, unless a license to operate that establishment has been granted by the director. Application for the license shall be made in the manner provided by the director. The license period is the fiscal year and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning with the first day of the fiscal year.

Terms Used In Rhode Island General Laws 4-19-6

  • 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Director: means the director of environmental management of the state of Rhode Island. See Rhode Island General Laws 4-19-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Person: means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. See Rhode Island General Laws 4-19-2
  • Public auction: means any place or location where dogs or cats are sold at auction to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a group, or by weight. See Rhode Island General Laws 4-19-2
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  This section shall not be interpreted to interfere in any manner with the issuing of a public auction or kennel license by any city or town, nor any fee charged by any city or town. No license shall be issued by the director except for those premises as shall be designated for the licensure by the respective city or town council.

(c)  Pursuant to § 4-19-2(19), any person who provides the sheltering, feeding, and watering in return for a fee in a residential setting of no more than four (4) animals not owned by the proprietor is:

(1)  Exempt from licensure as a kennel under this chapter; and

(2)  Subject to inspection by an authorized agent of the department of environmental management (hereinafter “the department”) upon the department receiving a written complaint against the person. Only complaints related to animal care, animal health, and animal welfare may initiate an inspection. Any inspection that is conducted by the department shall be conducted during the hours of eight o’clock a.m. (8:00 a.m.) through five o’clock p.m. (5:00 p.m.), unless the person who is the subject of the complaint agrees to an inspection at another time; and

(3)  Required to be compliant with the department’s rules and regulations governing animal care facilities, RICR 250-RICR-40-05-4, §§ 4.7 and 4.8.A.1 through 8 (excluding the sanitation log requirements of § 4.8.A.3). Any inspection conducted by an authorized agent of the department shall be limited to the aforementioned sections and shall be limited to areas to which the animals being cared for have access. Any violations of these sections are punishable in accordance with § 4.12 of the rules and regulations governing animal care facilities and any appeal for any enforcement action shall be made in accordance with § 4.11.B of those rules and regulations; and

(4)  Any person who is subject to inspection pursuant to the conditions set forth in subsection (c)(2), but who denies access to authorized inspectors from the department, is subject to a civil fine of three hundred fifty dollars ($350). Each day that access is denied shall constitute a separate punishable offense.

History of Section.
P.L. 1972, ch. 46, § 1; P.L. 1994, ch. 231, § 2; P.L. 2004, ch. 595, art. 33, § 4; P.L. 2018, ch. 81, § 1; P.L. 2018, ch. 91, § 1; P.L. 2019, ch. 120, § 1; P.L. 2019, ch. 145, § 1.