§ 4-1-22. Care of neglected animals by society — Forfeiture of owner's rights — Expenses.
(a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals
may lawfully take charge of and shall provide adequate care to any animal found abandoned
or neglected or hazardously accumulated as defined in § 4-1-1, or that in the opinion of that officer or agent, is aged, maimed, disabled, lame,
sick, diseased, injured, unfit for the labor it is performing, or cruelly treated,
and shall give notice to the owner or guardian, if known.
(b) Every owner or guardian, upon conviction, plea of guilty, or plea of nolo contendere,
of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment of any animal taken charge of by the Rhode Island Society
for the Prevention of Cruelty to Animals under this section, forfeits the rights to
ownership or control of that animal to the Society for disposition in any manner deemed
suitable for that animal.
(c) Whenever any officer or agent of the Rhode Island Society for the Prevention of Cruelty
to Animals lawfully takes charge of any animal under this section, all reasonable
expenses for the care and treatment of the animal(s), while in the custody of the
Society during this time, shall be paid for by the owner or guardian. The Society
has the authority to commence a civil action for damages against the owner or guardian
thirty (30) days after a written demand for payment of the expense of the suitable
care of that animal has been sent and no payment has been received. The written demand
shall state that the failure to pay or make arrangements to pay for the care of that
animal may result in forfeiture of ownership of the animal. The cost of the care and
treatment that is billed to the owner or guardian shall be reasonable and related
to equivalent services provided by veterinary care and animal sheltering, feeding,
and boarding services in this state.
(d) The owner or guardian of any animal that is in the charge of the Rhode Island Society
for the Prevention of Cruelty to Animals pursuant to the authority granted in this
section may, within sixty (60) days following the date that the society gives notice
of the taking of possession of the animal, petition the district court for an order
to return custody of the animal to the owner or guardian.
(e) Upon the filing of the petition, the court shall cause a summons to be issued requiring
an authorized representative of the Society for the Prevention of Cruelty to Animals
to appear in court at the time and place named, which summons shall be served not
less than fourteen (14) days before the date of the hearing.
(f) At the hearing on the petition, the court shall consider:
(1) The animal's condition;
(2) The care required to maintain the animal safely and in an appropriate environment;
and
(3) The ability of the petitioner to provide or arrange for the adequate care of the animal,
including during the time any criminal charges related to or arising from the seizure
are pending.
(g) If, after hearing, the court finds that the owner or guardian of the animal has the
ability to properly care for or arrange for the adequate care of the animal during
the pendency of the criminal charges, the court may allow the owner or guardian of
the animal to have or arrange for the adequate care, custody, and control of the animal
pending the final determination of the related criminal charges subject to such restrictions
and conditions as the court determines to be reasonable or necessary.
(h) All issues will be decided upon a preponderance of the evidence.
(i) In the event that the court orders an animal returned to the owner or guardian following
the hearing, the owner or guardian will not be required to pay for the cost of care
incurred prior to the date of the hearing unless and until such time as there has
been a conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect,
hazardous accumulation as defined in § 4-1-1, or otherwise cruel treatment in the related criminal proceeding.
(j) In the event that the owner or guardian fails to petition for custody of the animal
within sixty (60) days of notice of the taking or fails to pay within sixty (60) days
of the written demand for payment, the Rhode Island Society for the Prevention of
Cruelty to Animals may petition the court for transfer of ownership of the animal
to the Rhode Island Society for the Prevention of Cruelty to Animals. If the owner
or guardian fails to respond to the petition for transfer of ownership the court shall
transfer ownership to the society.