Section 4-19-6 Public auction and kennel licenses. [Effective until July 1, 2020.]

RI Gen L § 4-19-6 (2019) (N/A)
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§ 4-19-6. Public auction and kennel licenses. [Effective until July 1, 2020.] (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.

(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 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.)