§ 396-L — Shopping carts; child protective devices

§ 396-l. Shopping carts; child protective devices. 1. For the purposes\nof this section, "child protective device" shall mean a strap, device,\nor piece of equipment designed, utilizing reasonable engineering\nstandards, to prevent a child from falling out of a shopping cart. Any\nchild protective device designed to secure a child of average size\nwithin the ages of six months to four years shall qualify for the\ntwenty-five percent threshold set forth in subdivision two of this\nsection.\n 2. Every commercial business which provides its customers with\nshopping carts with seats for children shall equip and maintain not less\nthan twenty-five percent of the total number of such shopping carts with\na child protective device.\n 3. Whenever there shall be a violation of this section, application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolations; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. The defendant shall have twenty-one days from the date of\nreceipt of notice of the violation within which to remedy the violation.\nIn the event that such violation is not remedied, the court may impose a\ncivil penalty of not more than one thousand dollars per violation. For\nthe purpose of this section, failure to meet the twenty-five percent\nthreshold set forth in subdivision two of this section shall constitute\na single violation. In connection with any such proposed application,\nthe attorney general is authorized to take proof and make a\ndetermination of the relevant facts and to issue subpoenas in accordance\nwith the civil practice law and rules.\n