2006 New York Code - Penalties.



 
    §  3-223  Penalties.  (a) Except as provided for in subdivision (b) of
  this section, any person or  organization  who  knowingly  and  wilfully
  violates  any  provision of this subchapter shall be guilty of a class A
  misdemeanor. In addition to such  criminal  penalties,  said  person  or
  organization  shall  be  subject to a civil penalty, in an amount not to
  exceed fifteen thousand dollars, to be assessed by the city clerk, or an
  order to cease all lobbying activities subject to  the  jurisdiction  of
  the  city  clerk for a period of time as determined by said clerk not to
  exceed sixty days, or both such civil penalty and order.
    (b) Any person or organization who violates a cease and  desist  order
  of  the  city clerk issued under subdivision a of this section or enters
  into a contingency agreement or accepts or pays any contingency fees  as
  proscribed  in  section  3-218  of this subchapter, shall be guilty of a
  class A misdemeanor. In addition to such criminal penalties, said person
  or organization shall be subject to a civil penalty, in an amount not to
  exceed fifteen thousand dollars, to be assessed by the city clerk.
    (c) Following a failure to make  and  file  any  statement  or  report
  required  by  this subchapter, the city clerk shall notify the person or
  organization of such fact by certified mail that  such  filing  must  be
  made  within  fourteen  business  days  of  the  date of mailing of such
  notice. The failure to file any statement or  report  within  such  time
  shall  constitute  a  class  A misdemeanor. In addition to such criminal
  penalties, said person or organization  shall  be  subject  to  a  civil
  penalty, in an amount not to exceed ten thousand dollars, to be assessed
  by  the  city  clerk.  For  the  purposes of this subdivision, the chief
  administrative officer of any organization required to file a  statement
  or  report  shall  be  the person responsible for making and filing such
  statement or report unless some other  person  prior  to  the  due  date
  thereof  has  been  duly  designated  to make and file such statement or
  report.
    (d) Any person or organization who  violates  any  provision  of  this
  subchapter  not  punishable under subdivisions a, b or c of this section
  shall be subject to a civil penalty, in an  amount  not  to  exceed  ten
  thousand dollars, to be assessed by the city clerk.
    (e)  Any  civil  penalty  to  be  assessed under subdivision d of this
  section, or any order issued under subdivision a of  this  section,  may
  only  be  imposed  or  issued  after written notice of violation and the
  expiration of fourteen business days from the date of  mailing  of  such
  notice. If such violation is cured within such fourteen-day period, then
  such civil penalty or order shall not be imposed or issued.
    (f)  The  amount  of  any  assessment made or duration of order issued
  pursuant to this section shall be determined only  after  a  hearing  at
  which the party shall be entitled to appear and be heard. Any assessment
  imposed  under this section may be recovered in an action brought by the
  corporation counsel.
    (g) The city clerk shall be charged with the  duty  of  reviewing  all
  statements  and  reports  required under this subchapter for violations,
  and it shall be his duty, if he deems such to be wilful, to report  such
  determination to the appropriate authority for criminal prosecution.

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