§ 71-0519 — Compromise of civil penalty

New York § 71-0519

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Enforcement of Provisions Derived From Former Conservation Law
• Art. 71: Enforcement

Text

§ 71-0519. Compromise of civil penalty.\n 1. A person who has violated any of the provisions of this chapter\nlisted in section 71-0501 or under titles 5 through 15 inclusive and\ntitle 33 of this article, and who desires to compromise and settle his\ncivil liability therefor, may appear with any conservation officer,\nregional and assistant regional conservation officer, special game\nprotector, district ranger, forest ranger, or member of the state\npolice, before a court or justice having jurisdiction in civil actions,\nand thereupon such person may, upon the consent of the representative of\nthe department appearing, compromise and settle his liability for civil\npenalties, for an amount agreed upon between said court or justice, the\nrepresentative of the department and the person who committed such\nviolation.\n 2. The agreed amount shall not be less than ten dollars nor more than\nthe amount for which such person would be liable in a civil action for\npenalties; provided that any person who has violated the provisions of\nthis chapter listed in section 71-0501 or under titles 5 through 13\ninclusive and titles 27 and 33 of this article, involving the taking of\na deer with the aid of an artificial light, or has illegally taken a\ndeer prior to the first day of the open season or after the last day of\nthe open season in the county in which taken, or has otherwise illegally\ntaken a deer, and who desires to compromise and settle his civil\nliability therefor, may, in the manner herein provided, compromise and\nsettle his liability for civil penalties under the provisions of this\nchapter listed in section 71-0501 or under titles 5 through 13 inclusive\nand titles 27 and 33 of this article, in an amount not less than one\nhundred dollars nor more than the amount for which such person would be\nliable in a civil action for penalties.\n 3. If such compromise be made, such person shall forthwith subscribe\nhis name to a statement setting forth concisely the facts constituting\nsuch violation, the amount agreed upon, and that a judgment may be\nentered against him for that sum. Upon said statement being sworn to\nbefore and filed with said court or justice, he shall forthwith enter in\nhis civil docket a record of the proceedings and amount of the judgment.\n 4. Said court or justice shall upon the entry of such judgment be\nentitled to a fee of two dollars and fifty cents to be paid by the\nperson who committed such violation, provided, however, that if the\njustice is a justice of a town or village, such fee shall be the\nproperty of the town or village of which he is an officer, and shall be\npaid by said justices to the State Comptroller in the same manner as\nother fees received by such justice.\n 5. A judgment entered as provided herein may be enforced by an\nexecution against the property of the defendant, but no body execution\nshall issue thereon. Such judgment shall be a bar to a criminal action\nfor the same violation, if satisfied within thirty days from the date of\nthe entry thereof.\n 6. Whenever a person who desires to compromise and settle his civil\nliability pursuant to the provisions of this section is an infant over\nthe age of fourteen years, upon his appearance for such purpose, the\ncourt or justice before whom such appearance is made, may, upon the\napplication of such person appoint a person to appear as his guardian\nfor the purpose of compromising and settling his said civil liability.\nThe written consent of the person so appointed must be filed with the\ncourt or justice before his appointment.\n