§ 534-S — General violations; prosecutions; penalties

New York § 534-S

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19-I: Waterfront Commission Act

Text

§ 534-s. General violations; prosecutions; penalties. 1. The failure\nof any witness, when duly subpoenaed to attend, give testimony or\nproduce other evidence, whether or not at a hearing, shall be punishable\nby the supreme court in New York in the same manner as said failure is\npunishable by such court in a case therein pending.\n 2. Any person who, having been duly sworn or affirmed as a witness in\nany such hearing, shall willfully give false testimony or who shall\nwillfully make or file any false or fraudulent report or statement\nrequired by this article to be made or filed under oath, shall be guilty\nof a misdemeanor, punishable by a fine of not more than one thousand\ndollars or imprisonment for not more than three hundred sixty-four days,\nor both.\n 3. Any person who, having been duly sworn or affirmed as a witness in\nany investigation, interview or other proceeding conducted by the\ncommission pursuant to the provisions of this article, shall willfully\ngive false testimony shall be guilty of a misdemeanor, punishable by a\nfine of not more than one thousand dollars or imprisonment for not more\nthan three hundred sixty-four days, or both.\n 4. The commission may maintain a civil action on behalf of the state\nagainst any person who violates or attempts or conspires to violate this\nsection or who fails, omits, or neglects to obey, observe, or comply\nwith any order or direction of the commission, to recover a judgment for\na money penalty not exceeding five hundred dollars for each and every\noffense. Every violation of any such provision, order or direction,\nshall be a separate and distinct offense, and, in case of a continuing\nviolation, every day's continuance shall be and be deemed to be a\nseparate and distinct offense. Any such action may be compromised or\ndiscontinued on application of the commission upon such terms as the\ncourt may approve and a judgment may be rendered for an amount less than\nthe amount demanded in the complaint as justice may require.\n 5. The commission may maintain a civil action against any person to\ncompel compliance with any of the provisions of this act or to prevent\nviolations, attempts or conspiracies to violate any such provisions, or\ninterference, attempts or conspiracies to interfere with or impede the\nenforcement of any such provisions or the exercise performance of any\npower or duty thereunder, either by mandamus, injunction or action.\n 6. Any person who violates or attempts or conspires to violate any\nother provision of this article shall be guilty of a misdemeanor,\npunishable by a fine of not more than five hundred dollars or by\nimprisonment for not more than three hundred sixty-four days, or both.\n 7. Any person who interferes with or impedes the orderly registration\nof longshore workers pursuant to this act or who conspires to or\nattempts to interfere with or impede such registration shall be guilty\nof a misdemeanor, punishable by a fine of not more than five hundred\ndollars or by imprisonment for not more than three hundred sixty-four\ndays, or both.\n 8. Any person who directly or indirectly inflicts or threatens to\ninflict any injury, damage, harm or loss or in any other manner\npractices intimidation upon or against any person in order to induce or\ncompel such person or any other person to refrain from registering\npursuant to this act shall be guilty of a misdemeanor, punishable by a\nfine of not more than five hundred dollars or by imprisonment for not\nmore than three hundred sixty-four days, or both.\n 9. Any person who shall violate any of the provisions of this article\nor of section five hundred thirty-four-x of this article for which no\nother penalty is prescribed shall be guilty of a misdemeanor, punishable\nby a fine of not more than five hundred dollars or by imprisonment for\nnot more than three hundred sixty-four days, or both.\n 10. No person shall, without a satisfactory explanation, loiter upon\nany vessel, dock, wharf, pier, bulkhead, terminal, warehouse, or other\nwaterfront facility or within five hundred feet thereof in that portion\nof the port of New York district within the state of New York.\n 11. Any person who, without justification or excuse in law, directly\nor indirectly intimidates or inflicts any injury, damage, harm, loss or\neconomic reprisal upon any person licensed or registered by the\ncommission, or any other person, or attempts, conspires or threatens so\nto do, in order to interfere with, impede or influence such licensed or\nregistered person in the performance or discharge of the person's duties\nor obligations shall be punishable as provided in subdivision three of\nsection five hundred thirty-four-r of this article.\n 12. In any prosecution under this act, it shall be sufficient to prove\nonly a single act or a single holding out or attempt prohibited by law,\nwithout having to prove a general course of conduct, in order to prove a\nviolation.\n