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What is NYC AC § 17-381?

Quick Answer

This section outlines the civil penalties for violations of specific provisions related to animal sales, with penalties of five hundred dollars per day for general violations and one hundred dollars for certain specified violations. It includes provisions for first-time violators to avoid penalties by proving the violation has been cured. Applies to individuals and entities involved in the sale of animals.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-381 Penalties.

AC § 17-381

a. Any person found in violation of any provision of this subchapter, other than subdivision b of section 17-377, or any provision of any rule promulgated thereunder shall be subject to a civil penalty of five hundred dollars per day for each such violation. Each violation in connection with the sale of more than one animal shall be deemed a separate violation with respect to each animal offered for sale. A notice of violation served pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner. b. Any person found in violation of subdivision b of section 17-377 or any provision of any rule promulgated thereunder shall be subject to a civil penalty of one hundred dollars per day for each such violation. c. Any person that violates subdivision b of section 17-377 or any rule promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such person proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 17-377 or any rules promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination. (L.L. 2015/005, 1/17/2015, eff. 1/1/2016; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005 and L.L. 2021/080.

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