§ 1-04 Penalties.
RCNY § 1-04
In addition to any other penalty provided by law: (a) Except as otherwise provided in subdivision b or subdivision c of this section, any person who violates any provision of this chapter or of Chapter 1 of Title 16-A of the Code shall be liable for a civil penalty which shall not exceed ten thousand dollars ($10,000) for each such violation. Such civil penalty may be recovered in a civil action or pursuant to the provisions of subdivision a of 17 RCNY § 1-03.
(b)Any person who violates subdivision a of § 16-505 of the Code shall, upon conviction thereof, be punished for each violation by a criminal fine of not more than ten thousand dollars for each day of such violation or by imprisonment not exceeding six months, or both; and any such person shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each day of such violation which may be recovered in a civil action or pursuant to the provisions of subdivision a of 17 RCNY § 1-03; and (c) Any person who violates subdivision b of § 16-505 of the Code or any rule pertaining thereto, including rules pertaining to the display of license plates issued by the Commission, shall, upon conviction thereof, be punished by a civil penalty not to exceed one thousand dollars ($1,000) for each such violation which may be recovered in a civil action or pursuant to the provisions of subdivision a of 17 RCNY § 1-03 of this chapter.
(d)Specific penalties for violations of this chapter and Title 16-A of the Code are listed in the penalty schedule in Appendix A to this subchapter.
(e)The corporation counsel is authorized to commence a civil action on behalf of the city for injunctive relief to restrain or enjoin any activity in violation of this chapter and for civil penalties.
(f)(1) In addition to any other penalty prescribed in this section for the violation of subdivisions a or b of § 16-505 of the Code, or when there have been three or more violations of the provisions herein within a three year period, the Commission shall, after notice and the opportunity to be heard have been provided, be authorized: to order any person in violation of such provisions immediately to discontinue the operation of such activity at the premises from which such activity is operated; to order that any premises from which activity in violation of such provisions is operated shall be sealed, provided that such premises are used primarily for such activity; and to order that any vehicles or other devices or instrumentalities utilized in the violation of such provisions shall be removed, sealed, or otherwise made inoperable. An order pursuant to this paragraph shall be mailed to and posted at the premises from which activity in violation of such provisions occurs.
(2)Ten days after the posting of an order issued pursuant to paragraph (1) of this subdivision, this order may be enforced by any person so authorized by § 16-517 of the Code.
(3)Any vehicle or other device or instrumentality removed pursuant to the provisions of this section shall be stored in a garage, pound or other place of safety and the owner or other person lawfully entitled to the possession of such item may be charged with reasonable costs for removal and storage payable prior to the release of such item.
(4)A premise ordered sealed or a vehicle or other device or instrumentality removed pursuant to this section shall be unsealed or released upon payment of all outstanding fines and all reasonable costs for removal and storage and, where the underlying violation is for unlicensed or unregistered activity, that a license has been obtained or a business registered or proof satisfactory to the Commission that such premise or item will not be used in violation of subdivision a or b of § 16-505 of the Code.
(5)It shall be a misdemeanor for any person to remove the seal from any premises or remove the seal from or make operable any vehicle or other device or instrumentality sealed or otherwise made inoperable in accordance with an order of the Commission.
(6)A vehicle or other device or instrumentality removed pursuant to this section that is not reclaimed within ninety days of such removal by the owner or other person lawfully entitled to reclaim such item shall be subject to forfeiture upon notice and judicial determination in accordance with provisions of law. Upon forfeiture, the Commission shall, upon a public notice of at least five days, sell such item at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the City.
(g)Notwithstanding the penalties provided in this section, violating provisions of this chapter may be grounds for a refusal to issue a license or registration pursuant to § 16-509 of the Code or revocation or suspension of a license or registration pursuant to § 16-513 or § 16-514 of the Code. (Amended City Record 3/3/2020, eff. 4/2/2020; amended City Record 3/27/2023, eff. 4/26/2023; amended City Record 8/1/2024, eff. 8/31/2024)
