§ 399-J — Safety standards; moveable soccer goals

§ 399-j. Safety standards; moveable soccer goals. 1. The department of\nstate, in consultation with the office of parks, recreation and historic\npreservation, shall promulgate rules and regulations establishing safety\nstandards for anchoring, securing and counter-weighting a moveable\nsoccer goal. Such regulations shall substantially comply with the\nguidelines for moveable soccer goal safety produced by the United States\nconsumer product safety commission or any successor commission or\nagency. For the purposes of this section, the term "moveable soccer\ngoal" shall mean a freestanding structure consisting of at least two\nupright posts, a crossbar, and support bars that is designed:\n (a) to be used by adults or children for the purposes of a soccer\ngoal;\n (b) to be used without any other form of support or restraint other\nthan pegs, stakes, or other forms of temporary anchoring device; and\n (c) to be able to be moved to different locations.\n 2. No person, firm, corporation, or other legal entity which erects a\nmoveable soccer goal shall erect in this state such moveable soccer goal\nunless such goal shall be erected in the manner required by those rules\nand regulations promulgated pursuant to this section; provided however,\nthat moveable soccer goals erected upon one, two and three-family\nresidential real property shall be exempt from the requirements of this\nsection.\n 3. Whenever the attorney general shall believe from evidence\nsatisfactory to him or her that any person, firm, corporation or\nassociation or agent or employee thereof has violated any provision of\nthis section, he or she may bring an action in the supreme court of the\nstate of New York for a judgment enjoining the continuance of such\nviolation and for a civil penalty of not more than five hundred dollars\nfor each violation. If it shall appear to the satisfaction of the court\nor justice that the defendant has knowingly violated any provision of\nthis section, no proof shall be required that any person has been\ninjured thereby nor that the defendant knowingly or intentionally\nviolated such provision. In such action preliminary relief may be\ngranted under article sixty-three of the civil practice law and rules.\nBefore any violation of this section is sought to be enjoined, the\nattorney general shall be required to give the person against whom such\nproceeding is contemplated notice by certified mail and an opportunity\nto show in writing within five business days after receipt of notice why\nproceedings should not be instituted against such person, unless the\nattorney general shall find, in any case in which he or she seeks\npreliminary relief, that to give such notice and opportunity is not in\nthe public interest.\n