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<br />Director is hereby authorized to disburse State funds in such amount as in his discretion is necessary to provide .
<br />for the welfare of the animals until either sold or euthanized and any fine leyled In connection with this section
<br />shall be applied toward reimbursement of such State funds as the Director shall have el<pended, (1977, 2nd
<br />Sess., c. 1217, s.16.) . .
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<br />!i 19A.36. Penalty for violatIon of Article by dog warden.
<br />. Violation of any provision of this Article which relates to the seizing, Impoundment, and custodyofananimal
<br />by a dog warden shall constilljte a Class 3 misdemeanor and the person convicted ~hereof shall be subject to a
<br />fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00), and each animal
<br />handled in violation shall constitute a separate offense. (1977, 2nd Sess., c. 1217, s. 17; 1993, c.
<br />539, s. 317; 1994, Ex. Sess., c. 24, s. 14(c).)
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<br />!i 19A.37. Application of Article.
<br />ThisArticle shall riot apply (0 a place or establishment which Is operated under the Immediate supervision of
<br />a duly licensed veterinarian as a hospilal where animals are harbored, boarded, and cared for Incldenlal to the
<br />treatment, prevention, or alleviation of disease processes during the routine practice of the profession of
<br />veterinary medicine. This Article shall not apply to any dealer, pet shop, public auction, commercial kennel
<br />or research facilily during. the period such dealer or research facility is in th~Al,ossession of a valid license or.
<br />registration granted by the Secretary of Agriculture pursuant to Trtle 7, Chapter 54, ofthe United States Code.
<br />This Article shalf not apply to any individual. who occasionaliy boards an animal on a noncommercial basis,
<br />although such individual may receive nominal sums to cover the cost of such boarding. (1977,2"' Sess., c.
<br />1217. s. 18; 1987, c. 827, s. 69.) .
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<br />!i19A.38. Use of license fees.
<br />All license fees collected shall be used in enforcing and administering thisArticle. (1977, 2nd Sess;, c. 1217,
<br />s,19.)
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<br />!i1\lA-39. Article Inapplicable to establishments for training hunting dogs.
<br />Nothing in this Article shallllpply to those kennels or establishments operated primarily for the purpose of
<br />boarding or training hunting dogs. (1977, 2nd Sess., c. 1217, s. 21; 1979, c. 734, s. 2.)
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<br />!i 19A-40. Civil Penalties.
<br />. The Directormay assess a civil penalty of not more than five thousand dollars ($5,000) against any perSon
<br />who violates a provision of thi$ Article or any rule promulgated thereunder. In determining the amount of the
<br />penalty, the Director shilli .
<br />consider the degree and extent of harm caused by the violation. The clear proceeds of civil penalties asseSSljd
<br />pursuant to this section shali be remitted to the CMI Penalty and FOrfeiture Fund in accordance with GS.115C-
<br />457.2. (1995, c. 516, s. 6;
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<br />1998-215, S..3,)
<br />SUBCHAPTER 52J - ANIMAL WELFARE SECTION
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<br />G-5
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