Town of Smithfield, RI Retail Sales of Dogs and Cats

Definitions.

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 Laws §§ 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.

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.

(1)

Persons qualifying as a hobby breeder under Rhode Island General Laws § 4-19-2(17) and considered exempt as a seller under § 4-25-1(4) shall be exempt from the provisions of this article.

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 of this article 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.