Failure to comply; remedies.

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A person who fails to comply with Section 47-3-480(A)(2) or 47-3-480(D) must forfeit ownership of the dog(s) or cat(s) acquired from the shelter, agency, society, or rescue organization which adopted the animal to the owner. In addition to forfeiting ownership, the person who acquired the animal must pay to the shelter, agency, society, or rescue organization the sum of two hundred dollars as liquidated damages. Such remedies shall be in addition to any other legal or equitable remedies as may be available to the shelter, agency, society, or rescue organization for breach of the written agreement as provided for in Section 47-3-480(A)(2) or failure to comply with Section 47-3-480(D).

HISTORY: 1998 Act No. 271, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998); 2019 Act No. 43 (S.105), Section 9, eff May 16, 2019.

Editor's Note

2019 Act No. 43, Section 10, provides as follows:

"SECTION 10. The General Assembly finds it is the best practice for a shelter, public or private, to prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge."

Effect of Amendment

2019 Act No. 43, Section 9, substituted "rescue organization" for "refuge" in three places, and in the second sentence, substituted "two hundred dollars" for "$200.00".


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