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Current as of January 01, 2025 | Updated by Findlaw Staff
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 § 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 § 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 § 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 § 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 § 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.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 44. Trade and Commerce § 44-1799.08. Civil penalties; enforcement actions - last updated January 01, 2025 | https://codes.findlaw.com/az/title-44-trade-and-commerce/az-rev-st-sect-44-1799-08/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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