Section 755. Penalties and enforcement


Latest version.
  • 1. In addition to the other remedies
      provided,   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 fifty 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.
        1-a. Any person who violates any provision of  section  seven  hundred
      fifty-three-a,   seven   hundred   fifty-three-b,   or   seven   hundred
      fifty-three-c of this article may also be subject to denial, suspension,
      revocation of, or refusal to renew a pet dealer license,  in  accordance
      with the provisions of sections four hundred three and four hundred four
      of the agriculture and markets law.
        2.  The provisions of this article may be enforced concurrently by the
      director of  a  municipal  consumer  affairs  office,  or  by  the  town
      attorney,   or  city  corporation  counsel,  and  all  moneys  collected
      thereunder shall be retained by such municipality or local government.