§ 181 — Powers and duties of municipal directors; prosecution for violations; local fees

§ 181. Powers and duties of municipal directors; prosecution for\nviolations; local fees. Each municipal director appointed pursuant to\nthe provisions of section one hundred eighty of this article, personally\nor through his authorized agents, shall:\n 1. Administer, supervise and enforce within his municipality the\nprovisions of this article and the rules and regulations adopted\npursuant thereto.\n 2. Take charge of and safely keep the municipal standards and, at\nleast once every five years, submit such standards to the commissioner,\nat the place where the standards of the state are kept, for calibration\nand certification.\n 3. Keep a complete record of the work done by him and make reports of\nsuch work to the commissioner at the times and in the form required by\nthe commissioner.\n 4. In the general performance of his official duties, in the execution\nof the provisions of this article; have access to all places of\nbusiness, buildings or premises; and stop any vendor or dealer\nwhatsoever for the purpose of making proper inspections and tests.\n 5. Inspect, test and ascertain, as frequently as prescribed by the\ncommissioner, if weights and measures, weighing and measuring devices\nand systems and pricing devices and systems, and accessories related\nthereto, which are used commercially by any person, firm or corporation,\nincluding but not limited to coin counting machines used by any coin\nprocessor required to be licensed pursuant to article twenty-seven-A of\nthe general business law ("coin processor licensing act"), are correct\nand being used correctly.\n 6. Weigh, measure and inspect packaged commodities kept, offered or\nexposed for sale, sold or in the process of delivery to determine\nwhether such packages contain the amounts represented and whether they\nare kept, offered or exposed for sale in accordance with this article or\nthe rules and regulations promulgated pursuant thereto.\n 7. a. Upon finding a violation of the provisions of this article or\nthe rules and regulations promulgated pursuant thereto, expeditiously\ncause the same to be corrected or where there is evidence of intent to\ndefraud refer evidence of such violation to the district attorney of the\ncounty for prosecution under section forty-one of this chapter or in the\nabsence of intent to defraud refer to the attorney for the municipality\nfor commencement of a civil action, in the name of the municipality, to\nrecover a civil penalty in the amounts prescribed in sections\nthirty-nine and forty of this chapter. A cause of action for recovery of\nsuch penalty may be released, settled or compromised by the municipal\ndirector before the matter is referred to the municipal attorney or\nthereafter by such attorney. Notwithstanding the provisions of section\nforty-five of this chapter, all moneys collected hereunder shall be\nretained by the municipality.\n b. The municipal director in a city having a population of one million\nor more may hold a hearing to determine whether a violation of the\nprovisions of this article has occurred. At least two weeks written\nnotice of a hearing shall be served either personally on the individual\nin charge of the place of business where the alleged violation occurred\nor by certified or registered mail addressed to such place of business.\nSuch notice shall contain a concise statement of the facts constituting\nthe alleged violation and shall set forth the date, time and place that\nthe hearing will be held. At a hearing conducted by him or his designee,\nthe municipal director shall be authorized to recover any penalty\nimposed as the result of a finding of a violation of the provisions of\nthis article.\n 8. Have authority to establish and collect fees for the inspection and\ntesting of all weights and measures, weighing and measuring devices and\nsystems and pricing devices and systems, and accessories related thereto\nwithin his jurisdiction. Provided, however, that the commissioner shall,\nafter public hearing, promulgate rules and regulations fixing maximum\nlevels for such fees and governing any other aspect thereof, including\nthe frequency of such inspections, as he deems necessary. All fees\ncollected by the municipal director shall be paid into the appropriate\nmunicipal treasury. No additional inspection fees shall be assessed for\npricing accuracy inspections where the retail store being inspected has\npreviously passed two consecutive inspections during the calendar year.\n 9. Inspect and test fuels for conformance with applicable standards\nand enforce against violations of such standards.\n