N.Y. General Business Law § 399-j: Safety standards; moveable soccer goals

§ 399-j. Safety standards; moveable soccer goals. 1. The department of

state, in consultation with the office of parks, recreation and historic

preservation, shall promulgate rules and regulations establishing safety

standards for anchoring, securing and counter-weighting a moveable

soccer goal. Such regulations shall substantially comply with the

guidelines for moveable soccer goal safety produced by the United States

consumer product safety commission or any successor commission or

agency. For the purposes of this section, the term "moveable soccer

goal" shall mean a freestanding structure consisting of at least two

upright posts, a crossbar, and support bars that is designed:

(a) to be used by adults or children for the purposes of a soccer

goal;

(b) to be used without any other form of support or restraint other

than pegs, stakes, or other forms of temporary anchoring device; and

(c) to be able to be moved to different locations.

2. No person, firm, corporation, or other legal entity which erects a

moveable soccer goal shall erect in this state such moveable soccer goal

unless such goal shall be erected in the manner required by those rules

and regulations promulgated pursuant to this section; provided however,

that moveable soccer goals erected upon one, two and three-family

residential real property shall be exempt from the requirements of this

section.

3. Whenever the attorney general shall believe from evidence

satisfactory to him or her that any person, firm, corporation or

association or agent or employee thereof has violated any provision of

this section, he or she may bring an action in the supreme court of the

state of New York for a judgment enjoining the continuance of such

violation and for a civil penalty of not more than five hundred dollars

for each violation. If it shall appear to the satisfaction of the court

or justice that the defendant has knowingly violated any provision of

this section, no proof shall be required that any person has been

injured thereby nor that the defendant knowingly or intentionally

violated such provision. In such action preliminary relief may be

granted under article sixty-three of the civil practice law and rules.

Before any violation of this section is sought to be enjoined, the

attorney general shall be required to give the person against whom such

proceeding is contemplated notice by certified mail and an opportunity

to show in writing within five business days after receipt of notice why

proceedings should not be instituted against such person, unless the

attorney general shall find, in any case in which he or she seeks

preliminary relief, that to give such notice and opportunity is not in

the public interest.