NY Nav L § 19 (2021)
2021 New York Laws NAV - Navigation Article 2 - Administration 19 - Uniform Navigation Summons and Complaint.

§ 19. Uniform  navigation  summons  and complaint. 1. The commissioner   shall be authorized to prescribe the form of summons and/or complaint in   all cases involving a violation of any provision of this chapter  or  of   any  ordinance,  rule  or  regulation  relating to navigation, or of any   class or category of such cases, and to establish procedures for  proper   administrative  controls over the disposition thereof. The provisions of   this subdivision shall not apply to offenses specified in paragraph b of   subdivision four of section forty-nine of this chapter.2. The chief executive officer of each local  police  force  including   county,  town,  city  and  village police departments, sheriffs, and the   superintendent of state police shall prepare or  cause  to  be  prepared   such records and reports as may be prescribed hereunder.3.  The  commissioner  shall have the power from time to time to adopt   such rules and  regulations  as  may  be  necessary  to  accomplish  the   purposes   and   enforce   the  provisions  of  this  section  including   requirements for reporting by  trial  courts  having  jurisdiction  over   navigation violations.4.  The provisions of this section shall not apply to or supersede any   ordinance, rule or regulation heretofore or hereafter made,  adopted  or   prescribed  pursuant to law in Nassau or Suffolk counties or in any city   having a population of one million or over.5. Any person who disposes of any uniform  navigation  summons  and/or   complaint  in  any  manner  other  than  that prescribed by law, rule or   regulation shall be guilty of a misdemeanor.6. If a person charged with a violation desires to plead guilty to the   violation as charged in the summons, he shall submit to  the  magistrate   having   jurisdiction,  in  person,  by  duly  authorized  agent  or  by   registered  mail,  a  verified  application  or  in  lieu  thereof,   an   application  affirmed  under  penalty  of  perjury setting forth (a) the   nature of the charge, (b) the violations, if any, of the navigation  law   or  of any local law or ordinance governing or regulating navigation, of   which the defendant has been convicted within  a  period  of  two  years   immediately  preceding  the  date of the impending charge, together with   the date, the name and place of the  court  and  the  disposition,  with   respect  to each violation, (c) the information or instructions required   by section one thousand eight hundred seven of the vehicle  and  traffic   law  to  be  given defendant upon arraignment, (d) that defendant waives   arraignment in open court and the aid of counsel,  (e)  that  he  pleads   guilty to the offense as charged, (f) that defendant elects and requests   that  the  charge  be  disposed  of and the fine or penalty fixed by the   court,  pursuant  to  this  subdivision,  and  (g)  any   statement   or   explanation that the defendant may desire to make concerning the offense   charged. The application shall be in such form as the commissioner shall   prescribe  and  a  copy  thereof shall be handed to the defendant by the   person charging him with such violation. Thereupon  the  magistrate  may   proceed as though the defendant had been convicted upon a plea of guilty   in open court, provided, however, that any imposition of fine or penalty   hereunder,  without suspension of execution of sentence, shall be deemed   tentative until such fine or penalty shall have been paid and discharged   in full, prior to which time the  magistrate,  in  his  discretion,  may   annul  any proceedings hereunder, including such tentative imposition of   fine or penalty, and deny the application, in  which  event  the  charge   shall  be  disposed  of pursuant to the applicable provisions of law, as   though no proceedings had been had under  this  subdivision.    If  upon   receipt of the aforesaid application the magistrate shall deny the same,   he  shall  thereupon  inform  the defendant of this fact, and that he is   required to appear before the said magistrate at a stated time and place    to answer the charge which shall thereafter be disposed of  pursuant  to   the applicable provisions of law.