Section 17-1104. Civil and criminal penalties

a. (1) Any person providing a
  commercial lawn application who violates any provision of subdivision  b
  of  section  17-1102  of  this  chapter or any rule promulgated pursuant
  thereto shall be liable for a civil penalty not to exceed five  thousand
  dollars  for  a  first violation, and not to exceed ten thousand dollars
  for a subsequent offense.
    (2) Notwithstanding any provision of law to the contrary, an owner  or
  owner's agent of a multiple dwelling or owner, owner's agent or a person
  in  a position of authority for all other types of premises who violates
  any provision of subdivision b of section 17-1102 of this chapter or any
  rule or regulation promulgated  pursuant  thereto  and  any  person  who
  violates  any  provision  of  subdivision  c  of section 17-1102 of this
  chapter or any rule promulgated pursuant thereto shall, for a first such
  violation, in lieu of a penalty, be issued a written warning  and  shall
  also  be  issued  educational  materials  pursuant to subdivision two of
  section 33-1005 of the  environmental  conservation  law.  Such  persons
  shall,  however, be liable for a civil penalty not to exceed one hundred
  dollars for a second violation, and not  to  exceed  two  hundred  fifty
  dollars for any subsequent violation.
    (3)  Notwithstanding  any provision of law to the contrary, any person
  who violates the provisions of subdivision a of section 17-1102 of  this
  chapter  shall  be issued a warning for the first violation and shall be
  provided seven days  to  correct  such  violation.  Such  person  shall,
  however, be liable for a civil penalty not to exceed one hundred dollars
  for  a  second violation and not to exceed two hundred fifty dollars for
  any subsequent violation.
    b. (1) Any person providing a commercial lawn application who,  having
  the culpable mental states defined in subdivision one or subdivision two
  of  section  15.05  or  in  section 20.20 of the penal law, violates any
  provision of subdivision b of section 17-1102 of this chapter, except an
  offense relating to the application of a general use pesticide, shall be
  guilty of a misdemeanor and, upon conviction thereof, shall be  punished
  by  a fine not to exceed five thousand dollars for each day during which
  such violation continues or by imprisonment for a term of not more  than
  one  year,  or  by both such fine and imprisonment. If the conviction is
  for a subsequent offense committed after  a  first  conviction  of  such
  person  under  this  subdivision,  punishment  shall be by a fine not to
  exceed ten thousand dollars for each day  during  which  such  violation
  continues or by imprisonment for a term of not more than one year, or by
  both such fine and imprisonment.
    (2)  Any  person  providing a commercial lawn application who violates
  any provision of subdivision  b  of  section  17-1102  of  this  chapter
  relating  to  the  use  of  a general use pesticide shall be guilty of a
  violation and, upon conviction thereof, shall be punished by a fine  not
  to  exceed two thousand five hundred dollars. If the conviction is for a
  subsequent offense committed after  a  first  such  conviction  of  such
  person  under  this  subdivision,  punishment  shall be by a fine not to
  exceed five thousand dollars.