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This entry was published on 2014-09-22
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SECTION 200
Collection of penalties
Navigation (NAV) CHAPTER 37, ARTICLE 13
§ 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.