NY Env Conserv L § 71-0519 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 5 - Enforcement of Provisions Derived From Former Conservation Law 71-0519 - Compromise of Civil Penalty.

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