§ 4-19-18 - Penalties for violations.

SECTION 4-19-18

   § 4-19-18  Penalties for violations. –(a) Violations of the provisions of § 4-19-16 or the written agreementexecuted pursuant to § 4-19-16 by an adopting party are punishable by afine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars($150) for the second offense and four hundred dollars ($400) for the third andsubsequent offenses. Each and every incidence of non-compliance by an adoptingparty which continues unremedied for thirty (30) days after written notice of aviolation under this section constitutes a subsequent offense and the attendantpenalties will apply. Second and subsequent offenses may constitute grounds forseizure and forfeiture of the dog or cat, which seizure will be conducted by adog officer or a police officer for the city or town in which the adoptingparty resides, and the seized animal will be returned to the licensed releasingagency from which it was adopted, which licensed releasing agency will be freeto adopt out or euthanize the seized dog or cat. The adopting party loses allownership rights in the seized dog or cat, forfeits all rights to any fee ordeposit paid for the dog or cat, and shall have no claim against the licensedreleasing agency or any other person for any expenses incurred by the adoptingparty for the dog or cat's maintenance. The provisions of §§ 4-19-16– 4-19-18 will be enforced against an adopting party by a dog officer or apolice officer for the city or town in which the adopting party resides.

   (b) Violations of § 4-19-16 or 4-19-17 by a licensedreleasing agency are punishable by a fine of one hundred dollars ($100) for thefirst offense, two hundred fifty dollars ($250) for the second offense and fivehundred dollars ($500) for the third and subsequent offenses. The third andsubsequent offenses may result in the temporary or permanent revocation of thelicensed releasing agency's license to operate. Compliance by the releasingagency with §§ 4-19-16 – 4-19-18 will be monitored as to thelicensed releasing agencies by the state veterinarian.

   (c) All fines collected under subsection (a) will be remittedto the town or city clerk of the municipality where the adopting party of thedog or cat resides. These fines shall be used by the municipality only forprograms for the spaying or neutering of dogs or cats. All fines collectedunder subsection (b) will be remitted to the general treasurer and placed in aseparate fund within the general fund to be called the "Animal Health Fund"which shall be administered by the general treasurer in the same manner as thegeneral fund. All funds deposited in the "Animal Health Fund" shall be madeavailable to the department of environmental management division of agricultureto defray any costs or expenses incurred by the state veterinarian in theenforcement of §§ 4-19-16, 4-19-17 and 4-19-18.