§ 1399-T — Enforcement

New York § 1399-T

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 13-E: Regulation of Smoking and Vaping In Certain Public Areas

Text

§ 1399-t. Enforcement. 1. For the purpose of this article the term\n"enforcement officer" shall mean the board of health of a county or part\ncounty health district established pursuant to title three of article\nthree of this chapter, or in the absence thereof, an officer of a county\ndesignated for such purpose by resolution of the elected county\nlegislature or board of supervisors adopted within sixty days after the\neffective date of this article. Any such designation shall be filed with\nthe commissioner within thirty days after adoption. If no such\ndesignation is made, the county will be deemed to have designated the\ndepartment as its enforcement officer. Any county that does not\ndesignate an enforcement officer during the time period specified above\nmay do so at any time, thereafter, such designation will be effective\nthirty days after it is filed with the commissioner. The enforcement\nofficer shall have sole jurisdiction to enforce the provisions of this\narticle on a county-wide basis pursuant to rules and regulations\npromulgated by the commissioner. In a city with a population of more\nthan one million the enforcement officer shall be the department of\nhealth and mental hygiene of such city which shall have sole\njurisdiction to enforce the provisions of this article in such city.\n 2. If the enforcement officer determines after a hearing that a\nviolation of this article has occurred, a civil penalty may be imposed\nby the enforcement officer pursuant to section thirteen hundred\nninety-nine-v of this article. When the enforcement officer is the\ncommissioner, the hearing shall be conducted pursuant to the provisions\nof section twelve-a of this chapter. When the enforcement officer is a\nboard of health or in a city with a population of more than one million,\nthe department of health and mental hygiene, or an officer designated to\nenforce the provisions of this article, the hearing shall be conducted\npursuant to procedures set forth in the county sanitary code, or health\ncode of such city, or in the absence thereof, pursuant to procedures\nestablished by the elected county legislature or board of supervisors.\nNo other penalty, fine or sanction may be imposed, provided that nothing\nherein shall be construed to prohibit an enforcement officer from\ncommencing a proceeding for injunctive relief to compel compliance with\nthis article.\n 3. Any person who desires to register a complaint under this article\nmay do so with the appropriate enforcement officer.\n 4. The owner, manager, operator or other person having control of any\narea subject to the provisions of this article, shall inform, or shall\ndesignate an agent who shall be responsible for informing individuals\nsmoking or vaping in an area in which smoking or vaping is not permitted\nthat they are in violation of this article.\n 5. Any person aggrieved by the decision of an enforcement officer\nother than the commissioner may appeal to the commissioner to review\nsuch decision within thirty days of such decision. The decision of any\nenforcement officer shall be reviewable pursuant to article\nseventy-eight of the civil practice law and rules.\n 6. The enforcement officer, subsequent to any appeal having been\nfinally determined, may bring an action to recover the civil penalty\nprovided in section thirteen hundred ninety-nine-v of this article in\nany court of competent jurisdiction.\n 7. An enforcement officer who discovers a retail dealer who or which\ndoes not display a retail dealer certificate of license or registration\nfrom the department of taxation and finance issued pursuant to section\nfour hundred eighty-a of the tax law shall notify the commissioner of\ntaxation and finance within thirty days of the name and address of any\nsuch establishment so that the commissioner of taxation and finance can\ntake appropriate action.\n