NY Agric & Mkts L § 181 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 16 - Weights and Measures 181 - Powers and Duties of Municipal Directors; Prosecution for Violations; Local Fees.

§ 181. Powers  and  duties  of  municipal  directors;  prosecution for   violations; local fees. Each municipal director  appointed  pursuant  to   the provisions of section one hundred eighty of this article, personally   or through his authorized agents, shall:1.  Administer,  supervise  and  enforce  within  his municipality the   provisions of  this  article  and  the  rules  and  regulations  adopted   pursuant thereto.2.  Take  charge  of  and  safely keep the municipal standards and, at   least once every five years, submit such standards to the  commissioner,   at  the place where the standards of the state are kept, for calibration   and certification.3. Keep a complete record of the work done by him and make reports  of   such  work  to the commissioner at the times and in the form required by   the commissioner.4. In the general performance of his official duties, in the execution   of the provisions  of  this  article;  have  access  to  all  places  of   business,   buildings  or  premises;  and  stop  any  vendor  or  dealer   whatsoever for the purpose of making proper inspections and tests.5. Inspect, test and ascertain, as frequently  as  prescribed  by  the   commissioner,  if  weights  and measures, weighing and measuring devices   and systems and pricing devices and  systems,  and  accessories  related   thereto, which are used commercially by any person, firm or corporation,   including  but  not  limited  to coin counting machines used by any coin   processor required to be licensed pursuant to article twenty-seven-A  of   the  general  business law ("coin processor licensing act"), are correct   and being used correctly.6. Weigh, measure and inspect packaged commodities  kept,  offered  or   exposed  for  sale,  sold  or  in  the  process of delivery to determine   whether such packages contain the amounts represented and  whether  they   are kept, offered or exposed for sale in accordance with this article or   the rules and regulations promulgated pursuant thereto.7.  a.  Upon  finding a violation of the provisions of this article or   the rules and regulations promulgated  pursuant  thereto,  expeditiously   cause  the  same to be corrected or where there is evidence of intent to   defraud refer evidence of such violation to the district attorney of the   county for prosecution under section forty-one of this chapter or in the   absence of intent to defraud refer to the attorney for the  municipality   for  commencement of a civil action, in the name of the municipality, to   recover  a  civil  penalty  in  the  amounts  prescribed   in   sections   thirty-nine and forty of this chapter. A cause of action for recovery of   such  penalty  may  be released, settled or compromised by the municipal   director before the matter is referred  to  the  municipal  attorney  or   thereafter  by  such attorney. Notwithstanding the provisions of section   forty-five of this chapter, all  moneys  collected  hereunder  shall  be   retained by the municipality.b. The municipal director in a city having a population of one million   or  more  may  hold  a  hearing  to determine whether a violation of the   provisions of this article has occurred.  At  least  two  weeks  written   notice  of a hearing shall be served either personally on the individual   in charge of the place of business where the alleged violation  occurred   or  by certified or registered mail addressed to such place of business.   Such notice shall contain a concise statement of the facts  constituting   the  alleged violation and shall set forth the date, time and place that   the hearing will be held. At a hearing conducted by him or his designee,   the municipal director  shall  be  authorized  to  recover  any  penalty   imposed  as  the result of a finding of a violation of the provisions of   this article. 8. Have authority to establish and collect fees for the inspection and   testing of all weights and measures, weighing and measuring devices  and   systems and pricing devices and systems, and accessories related thereto   within his jurisdiction. Provided, however, that the commissioner shall,   after  public  hearing,  promulgate rules and regulations fixing maximum   levels for such fees and governing any other aspect  thereof,  including   the  frequency  of  such  inspections,  as  he deems necessary. All fees   collected by the municipal director shall be paid into  the  appropriate   municipal  treasury. No additional inspection fees shall be assessed for   pricing accuracy inspections where the retail store being inspected  has   previously passed two consecutive inspections during the calendar year.9.  Inspect  and  test fuels for conformance with applicable standards   and enforce against violations of such standards.