N.Y. Public Health Law § 1399-t: Enforcement

§ 1399-t. Enforcement. 1. For the purpose of this article the term

"enforcement officer" shall mean the board of health of a county or part

county health district established pursuant to title three of article

three of this chapter, or in the absence thereof, an officer of a county

designated for such purpose by resolution of the elected county

legislature or board of supervisors adopted within sixty days after the

effective date of this article. Any such designation shall be filed with

the commissioner within thirty days after adoption. If no such

designation is made, the county will be deemed to have designated the

department as its enforcement officer. Any county that does not

designate an enforcement officer during the time period specified above

may do so at any time, thereafter, such designation will be effective

thirty days after it is filed with the commissioner. The enforcement

officer shall have sole jurisdiction to enforce the provisions of this

article on a county-wide basis pursuant to rules and regulations

promulgated by the commissioner. In a city with a population of more

than one million the enforcement officer shall be the department of

health and mental hygiene of such city which shall have sole

jurisdiction to enforce the provisions of this article in such city.

2. If the enforcement officer determines after a hearing that a

violation of this article has occurred, a civil penalty may be imposed

by the enforcement officer pursuant to section thirteen hundred

ninety-nine-v of this article. When the enforcement officer is the

commissioner, the hearing shall be conducted pursuant to the provisions

of section twelve-a of this chapter. When the enforcement officer is a

board of health or in a city with a population of more than one million,

the department of health and mental hygiene, or an officer designated to

enforce the provisions of this article, the hearing shall be conducted

pursuant to procedures set forth in the county sanitary code, or health

code of such city, or in the absence thereof, pursuant to procedures

established by the elected county legislature or board of supervisors.

No other penalty, fine or sanction may be imposed, provided that nothing

herein shall be construed to prohibit an enforcement officer from

commencing a proceeding for injunctive relief to compel compliance with

this article.

3. Any person who desires to register a complaint under this article

may do so with the appropriate enforcement officer.

4. The owner, manager, operator or other person having control of any

area subject to the provisions of this article, shall inform, or shall

designate an agent who shall be responsible for informing individuals

smoking or vaping in an area in which smoking or vaping is not permitted

that they are in violation of this article.

5. Any person aggrieved by the decision of an enforcement officer

other than the commissioner may appeal to the commissioner to review

such decision within thirty days of such decision. The decision of any

enforcement officer shall be reviewable pursuant to article

seventy-eight of the civil practice law and rules.

6. The enforcement officer, subsequent to any appeal having been

finally determined, may bring an action to recover the civil penalty

provided in section thirteen hundred ninety-nine-v of this article in

any court of competent jurisdiction.

7. An enforcement officer who discovers a retail dealer who or which

does not display a retail dealer certificate of license or registration

from the department of taxation and finance issued pursuant to section

four hundred eighty-a of the tax law shall notify the commissioner of

taxation and finance within thirty days of the name and address of any

such establishment so that the commissioner of taxation and finance can

take appropriate action.