2023 New York Laws › NAV - Navigation › Article 13 - Miscellaneous Provisions; Saving Clause; Laws Repealed; When to Take Effect › 200 - Collection of Penalties.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.