2023 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.