$50 and not more than $750;
(ii) for a second offense, by a fine of not less
than $150 and not more than $1,000; or
(iii) for a third or subsequent offense, by a fine
of not less than $500 and not more than $1,500.
(3) Nothing in this section shall preclude prosecution
under section 5533 or 5534 (relating to aggravated cruelty to
animal).
(4) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Declawing." The term:
(i) Includes:
(A) An onychectomy, dactylectomy, partial
digital amputation, phalangectomy or any other
procedure that removes a portion of the paw or digit
of an animal in order to remove a claw.
(B) A tendonectomy or any other procedure that
cuts or modifies the tendon of the limb, paw or digit
of an animal in order to prohibit the normal function
of a claw.
(C) A procedure that prevents the normal
functioning of one or more claws.
(ii) Does not include the filing or trimming of a
nonviable claw husk or the placement of temporary nail
caps on one or more claws of an animal.
"Therapeutic purpose." A purpose necessary to address an
existing or recurring physical illness, infection, disease,
injury or abnormal condition in a claw, nail bed or toe bone
that compromises the cat's health. The term does not include
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