2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN CERTAIN PUBLIC AREAS
1399-T - Enforcement.

 
    §  1399-t.  Enforcement.  1.  For the purpose of this article the term
  "enforcement officer" shall mean the board of health of a county or part
  county health district established pursuant to title  three  of  article
  three of this chapter, or in the absence thereof, an officer of a county
  designated  for  such  purpose  by  resolution  of  the  elected  county
  legislature or board of supervisors adopted within sixty days after  the
  effective date of this article. Any such designation shall be filed with
  the   commissioner  within  thirty  days  after  adoption.  If  no  such
  designation is made, the county will be deemed to  have  designated  the
  department  as  its  enforcement  officer.  Any  county  that  does  not
  designate an enforcement officer during the time period specified  above
  may  do  so  at any time, thereafter, such designation will be effective
  thirty days after it is filed with  the  commissioner.  The  enforcement
  officer  shall  have sole jurisdiction to enforce the provisions of this
  article on  a  county-wide  basis  pursuant  to  rules  and  regulations
  promulgated  by  the  commissioner.  In a city with a population of more
  than one million the enforcement officer  shall  be  the  department  of
  health   and   mental  hygiene  of  such  city  which  shall  have  sole
  jurisdiction to enforce the provisions of this article in such city.
    2. If the enforcement  officer  determines  after  a  hearing  that  a
  violation  of  this article has occurred, a civil penalty may be imposed
  by  the  enforcement  officer  pursuant  to  section  thirteen   hundred
  ninety-nine-v  of  this  article.  When  the  enforcement officer is the
  commissioner, the hearing shall be conducted pursuant to the  provisions
  of  section  twelve-a of this chapter. When the enforcement officer is a
  board of health or in a city with a population of more than one million,
  the department of health and mental hygiene, or an officer designated to
  enforce the provisions of this article, the hearing shall  be  conducted
  pursuant  to procedures set forth in the county sanitary code, or health
  code of such city, or in the absence  thereof,  pursuant  to  procedures
  established  by  the elected county legislature or board of supervisors.
  No other penalty, fine or sanction may be imposed, provided that nothing
  herein shall be  construed  to  prohibit  an  enforcement  officer  from
  commencing  a proceeding for injunctive relief to compel compliance with
  this article.
    3. Any person who desires to register a complaint under  this  article
  may do so with the appropriate enforcement officer.
    4.  The owner, manager, operator or other person having control of any
  area subject to the provisions of this article, shall inform,  or  shall
  designate  an  agent  who shall be responsible for informing individuals
  smoking in an area in which smoking is not permitted that  they  are  in
  violation of this article.
    5.  Any  person  aggrieved  by  the decision of an enforcement officer
  other than the commissioner may appeal to  the  commissioner  to  review
  such  decision  within thirty days of such decision. The decision of any
  enforcement  officer   shall   be   reviewable   pursuant   to   article
  seventy-eight of the civil practice law and rules.
    6.  The  enforcement  officer,  subsequent  to  any appeal having been
  finally determined, may bring an action to  recover  the  civil  penalty
  provided  in  section  thirteen hundred ninety-nine-v of this article in
  any court of competent jurisdiction.
    7. An enforcement officer who discovers a retail dealer who  or  which
  does  not display a retail dealer certificate of license or registration
  from the department of taxation and finance issued pursuant  to  section
  four  hundred  eighty-a  of the tax law shall notify the commissioner of
  taxation and finance within thirty days of the name and address  of  any
  such  establishment so that the commissioner of taxation and finance can
  take appropriate action.