44-1799.08. Civil penalties; enforcement actions

A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

B. In an action brought by a city, town or county to enforce an ordinance against a pet store or pet dealer who knowingly obtains a dog or cat for sale or resale in violation of section 44-1799.10, subsection A or B or who should have known the dog or cat was obtained for sale or resale in violation of section 44-1799.10, subsection A or B, the pet store or pet dealer is subject to the following penalties:

1. For a first violation, a civil penalty of not more than one thousand dollars per violation.

2. For a second violation within a five-year period, a civil penalty of not more than two thousand five hundred dollars per violation.

3. For a third or subsequent violation within a five-year period:

(a) A civil penalty of not more than five thousand dollars per violation.

(b) An order entered by the court enjoining the pet store or pet dealer from selling or offering for sale, for up to three years, a dog or cat obtained from any person other than a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

C. In an action brought to enforce section 44-1799.10, subsection A or B:

1. A violation is a subsequent violation if it occurs within a five-year period after a final judgment or order that the pet store or pet dealer knowingly violated section 44-1799.10, subsection A or B or should have known of the violation.

2. In addition to any other defense that may be raised, a pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in section 44-1799.10, subsection A if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.

3. Each order placed by a pet store or pet dealer to obtain a dog or cat for sale or resale shall be considered a single act, regardless of the number of dogs or cats obtained in the order.

D. This section does not prohibit prosecution for criminal violations.