N.Y. Navigation Law § 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.