N.Y. Agriculture & Markets Law § 433: Violations

§ 433. Violations. 1. Any animal shelter that violates any provision

of this article may be subject to licensure denial, revocation,

suspension, or refusal of license renewal in accordance with the

provisions of subdivision seven of section four hundred twenty-one of

this article.

2. Violation of any provision of this article shall be a civil

offense, for which a penalty of not less than one hundred dollars and

not more than one thousand dollars for each violation may be imposed by

the commissioner; provided, that whenever there shall be a violation of

this article, application may be made by the attorney general in the

name of the people of the state of New York to a court or justice having

jurisdiction by a special proceeding to issue an injunction, and upon

notice to the defendant of not less than five days, to enjoin and

restrain the continuance of such violations; and if it shall appear to

the satisfaction of the court or justice that the defendant has, in

fact, violated this article, an injunction may be issued by such court

or justice, enjoining and restraining any further violation, without

requiring proof that any person has, in fact, been injured or damaged

thereby. In any such proceeding, the court may make allowances to the

attorney general as provided in paragraph six of subdivision (a) of

section eighty-three hundred three of the civil practice law and rules,

and direct restitution. Whenever the court shall determine that a

violation of this article has occurred, the court may impose a civil

penalty of not less than one hundred dollars and not more than one

thousand dollars. In connection with any such proposed application, the

attorney general is authorized to take proof and make a determination of

the relevant facts and to issue subpoenas in accordance with the civil

practice law and rules.

3. Any animal shelter that violates any provisions of this article

shall correct such violations to the satisfaction of the commissioner

within a period not to exceed ten days; provided, however, that where

such violation poses a severe or immediate threat to public health or

animal safety or well-being, such violation shall be corrected to the

satisfaction of the commissioner within a period not to exceed

seventy-two hours.

4. Nothing in this section shall preclude the commissioner from taking

additional actions to address violations related to the immediate threat

to animal safety or well-being, including but not limited to, suspension

of animal shelter operations until such violations are corrected to the

satisfaction of the commissioner.

5. Upon identification of one of more violations, the commissioner

shall provide the animal shelter with a written description of all

violations issued and the steps necessary to correct such deficiencies.