* ยง 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.
* NB Effective December 15, 2025
Structure New York Laws