[Adopted 1-21-2020 by Ord. No. 2020-02]
A.
Definitions.
(1)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- COMMERCIAL ESTABLISHMENT
- Any for-profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs and cats.
- NONPROFIT RESCUE ORGANIZATION
- Any Rhode Island nonprofit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats; or any nonprofit organization that is not exempt from taxation under Internal Revenue Code Section 501(c)(3) but is currently an active rescue partner with a Town shelter or humane society, whose mission is, in whole and significant part, the rescue and placement of dogs or cats.
(2)
The definitions set forth in Rhode Island General Law §§ 4-19-2
and 4-25-1, as may be amended from time to time, are hereby incorporated,
adopted and specifically included in this definitions section as if
set forth in full at all times.
B.
It is unlawful for any person to display, offer for sale, deliver,
barter, auction, give away, transfer, or sell any live dog or cat
in any pet store, retail business or other commercial establishment
located in the Town of Smithfield unless licensed under Rhode Island
General Law § 4-19-1 et seq.
(1)
Persons qualifying as a hobby breeder under Rhode Island General
Law § 4-19-2(17) and considered exempt as a seller under
4-25-1(4) shall be exempt from the provisions of this article.
C.
Nothing in this section shall prevent the owner, operator, or employees
of a pet store, retail business, or other commercial establishment
located in the Town from providing space and appropriate care for
animals owned by a Town animal shelter or animal control agency, humane
society, or nonprofit rescue organization and maintain those animals
at the pet store retail business or other commercial establishment
for the purpose of public adoption.
Any person, firm, or corporation who or that violates any provision
herein is subject upon conviction, plea of guilty, or plea of nolo
contendere to a fine of $500 for the first offense and not to exceed
$1,000 for the second and subsequent offense and loss of animal(s)
and revocation of license and/or certificate after a public hearing.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be subject to penalties as provided
herein for each separate offense. See http://webserver.rilin.state.ri.us/Statutes/TITLE4/4-19/4-19-11.3.HTM.
Violations of this article will be adjudicated in the Smithfield Municipal
Court.
The provisions of this article shall be enforced by the Animal
Control Warden or any police officer of the Town of Smithfield.
