§ 433 — Violations

§ 433. Violations. 1. Any animal shelter that violates any provision\nof this article may be subject to licensure denial, revocation,\nsuspension, or refusal of license renewal in accordance with the\nprovisions of subdivision seven of section four hundred twenty-one of\nthis article.\n 2. Violation of any provision of this article shall be a civil\noffense, for which a penalty of not less than one hundred dollars and\nnot more than one thousand dollars for each violation may be imposed by\nthe commissioner; provided, that whenever there shall be a violation of\nthis article, application may be made by the attorney general in the\nname of the people of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this article, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of this article has occurred, the court may impose a civil\npenalty of not less than one hundred dollars and not more than one\nthousand dollars. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n 3. Any animal shelter that violates any provisions of this article\nshall correct such violations to the satisfaction of the commissioner\nwithin a period not to exceed ten days; provided, however, that where\nsuch violation poses a severe or immediate threat to public health or\nanimal safety or well-being, such violation shall be corrected to the\nsatisfaction of the commissioner within a period not to exceed\nseventy-two hours.\n 4. Nothing in this section shall preclude the commissioner from taking\nadditional actions to address violations related to the immediate threat\nto animal safety or well-being, including but not limited to, suspension\nof animal shelter operations until such violations are corrected to the\nsatisfaction of the commissioner.\n 5. Upon identification of one of more violations, the commissioner\nshall provide the animal shelter with a written description of all\nviolations issued and the steps necessary to correct such deficiencies.\n