NY Pub Health L § 1399-T (2021)
2021 New York Laws PBH - Public Health Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas 1399-T - Enforcement.

§  1399-t.  Enforcement.  1.  For the purpose of this article the term   "enforcement officer" shall mean the board of health of a county or part   county health district established pursuant to title  three  of  article   three of this chapter, or in the absence thereof, an officer of a county   designated  for  such  purpose  by  resolution  of  the  elected  county   legislature or board of supervisors adopted within sixty days after  the   effective date of this article. Any such designation shall be filed with   the   commissioner  within  thirty  days  after  adoption.  If  no  such   designation is made, the county will be deemed to  have  designated  the   department  as  its  enforcement  officer.  Any  county  that  does  not   designate an enforcement officer during the time period specified  above   may  do  so  at any time, thereafter, such designation will be effective   thirty days after it is filed with  the  commissioner.  The  enforcement   officer  shall  have sole jurisdiction to enforce the provisions of this   article on  a  county-wide  basis  pursuant  to  rules  and  regulations   promulgated  by  the  commissioner.  In a city with a population of more   than one million the enforcement officer  shall  be  the  department  of   health   and   mental  hygiene  of  such  city  which  shall  have  sole   jurisdiction to enforce the provisions of this article in such city.2. If the enforcement  officer  determines  after  a  hearing  that  a   violation  of  this article has occurred, a civil penalty may be imposed   by  the  enforcement  officer  pursuant  to  section  thirteen   hundred   ninety-nine-v  of  this  article.  When  the  enforcement officer is the   commissioner, the hearing shall be conducted pursuant to the  provisions   of  section  twelve-a of this chapter. When the enforcement officer is a   board of health or in a city with a population of more than one million,   the department of health and mental hygiene, or an officer designated to   enforce the provisions of this article, the hearing shall  be  conducted   pursuant  to procedures set forth in the county sanitary code, or health   code of such city, or in the absence  thereof,  pursuant  to  procedures   established  by  the elected county legislature or board of supervisors.   No other penalty, fine or sanction may be imposed, provided that nothing   herein shall be  construed  to  prohibit  an  enforcement  officer  from   commencing  a proceeding for injunctive relief to compel compliance with   this article.3. Any person who desires to register a complaint under  this  article   may do so with the appropriate enforcement officer.4.  The owner, manager, operator or other person having control of any   area subject to the provisions of this article, shall inform,  or  shall   designate  an  agent  who shall be responsible for informing individuals   smoking or vaping in an area in which smoking or vaping is not permitted   that they are in violation of this article.5. Any person aggrieved by the  decision  of  an  enforcement  officer   other  than  the  commissioner  may appeal to the commissioner to review   such decision within thirty days of such decision. The decision  of  any   enforcement   officer   shall   be   reviewable   pursuant   to  article   seventy-eight of the civil practice law and rules.6. The enforcement officer,  subsequent  to  any  appeal  having  been   finally  determined,  may  bring  an action to recover the civil penalty   provided in section thirteen hundred ninety-nine-v of  this  article  in   any court of competent jurisdiction.7.  An  enforcement officer who discovers a retail dealer who or which   does not display a retail dealer certificate of license or  registration   from  the  department of taxation and finance issued pursuant to section   four hundred eighty-a of the tax law shall notify  the  commissioner  of   taxation  and  finance within thirty days of the name and address of any   such establishment so that the commissioner of taxation and finance  can   take appropriate action.