N.Y. Agriculture & Markets Law § 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.