NY Nav L § 200 (2021)
2021 New York Laws NAV - Navigation Article 13 - Miscellaneous Provisions; Saving Clause; Laws Repealed; When to Take Effect 200 - Collection of Penalties.

§ 200. Collection  of  penalties.  1. An action to recover any penalty   imposed under the provisions of this chapter, except  penalties  imposed   under article six, may be brought in any court of competent jurisdiction   in this state on order of the commissioner and in the name of the people   of  the  state of New York. In any such action all penalties incurred up   to the time of commencing the action  may  be  sued  for  and  recovered   therein  and  the  commencement of an action to recover any such penalty   shall not be, or be held to be, a waiver of the  right  to  recover  any   other penalty. In case of recovery of any amount in an action brought to   recover  any  such  penalty the people shall be entitled to recover full   costs, of course, and at the rates provided for civil actions.2. Judgments recovered may be enforced by  contempt.  A  person  taken   into  custody  shall  be  confined for not less than one day, and at the   rate of one day for each dollar of the amount of the judgment recovered.   No person shall be imprisoned more than  once,  or  for  more  than  six   months  on the same judgment.  Imprisonment shall not operate to satisfy   a judgment.3. No person shall be excused from testifying or producing any  books,   papers  or  other  documents  in  any  civil  action to recover any such   penalty, upon the ground that his testimony might tend to convict him of   a crime, or to subject him to a penalty or  forfeiture.  But  no  person   shall be prosecuted, punished, or subjected to any penalty or forfeiture   for  or  on  account of any act, transaction, matter or thing concerning   which he shall, under  oath,  have  testified  or  produced  documentary   evidence and no testimony so given or produced shall be received against   him  upon  any  criminal investigation or proceeding; provided, however,   that no person  so  testifying  shall  be  exempt  from  prosecution  or   punishment  for  any  perjury committed by him in his testimony. Nothing   herein contained is intended to give, or shall be construed  as  in  any   manner giving, unto any corporation, immunity of any kind.4. A person who has violated any of such provisions and who desires to   compromise  and  settle his civil liability therefor may appear with the   inspector before  a  court  or  justice  having  jurisdiction  in  civil   actions,  and  thereupon  such person may upon consent of the inspector,   compromise and settle his liability for  such  civil  penalties  for  an   amount  agreed upon between said court or justice, the inspector and the   person who committed such violation, which amount shall be not less than   ten dollars nor more than the amount for  which  such  person  would  be   liable in a civil action for penalties. 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 the amount of the judgment. Said court or  justice  shall  upon  the   entry  of  said  judgment  be entitled to a fee of two dollars and fifty   cents to be paid by the person who committed such violation. A  judgment   entered  into  pursuant  to  this  subdivision  may  be  enforced  by an   execution against the property of the defendant; but no  body  execution   shall be issued thereon.5.  The  court  or  justice  before  whom any person shall be tried or   before whom a compromise of the civil penalties shall have been made, or   the clerk of the court, if there be a clerk, shall at the termination of   such trial or proceeding, forthwith mail or deliver to the department at   Albany, a  certified  statement  of  the  disposition  of  the  case  or   proceeding, giving the date thereof, the name of the defendant, the date   and place of the violation, the name of each witness sworn in support of   the  charges and the costs of the court or fees of the justice, the fees    of the constable or other peace officer,  police  officer  or  traveling   navigation  inspector,  if  any, together with the amount of the penalty   paid.6.  The  provisions  of  this  section  shall  in  no way prohibit the   prosecution of violations of this chapter  in  any  court  of  competent   jurisdiction in the same manner as other offenses and crimes.