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This entry was published on 2015-05-22
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SECTION 399-J
Safety standards; moveable soccer goals
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.