Sec. 3-19. - Penalties for violations.

(a)

Violations of the provisions of section 3-17 or the written agreement executed pursuant to section 3-17 by an adopting party are punishable by a fine of $50.00 for the first offense, $150.00 for the second offense and $400.00 for the third and subsequent offenses. Each and every incidence of non-compliance by an adopting party which continues unremedied for 30 days after written notice of a violation under this section constitutes a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the licensed releasing agency from which it was adopted, which licensed releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the licensed releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of section 3-17 and section 3-19 will be enforced against an adopting party by a city dog officer or a police officer and prosecution shall be before the municipal court.

(b)

Violations of section 3-17 or section 3-18 by a licensed releasing agency are punishable by a fine of $100.00 for the first offense, $250.00 for the second offense and $500.00 for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the licensed releasing agency's license to operate.

(c)

All fines collected under subsection (a) of this section will be remitted to the city clerk. These fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) will be remitted to the general treasurer and placed in a separate 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 the general fund. All funds deposited in the "animal health fund" shall be made available to the department of environmental management division of agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement of G.L. 1956 §§ 4-19-16, 4-19-17 and 4-19-18.

(Ch. 449, § I, 5-6-08)