Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 24. ENVIRONMENTAL PROTECTION AND UTILITIES |
Chapter 1. AIR POLLUTION CONTROL |
Subchapter 9. ENFORCEMENT |
Section 24-190. Criminal penalties; fines and imprisonment
Latest version.
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(a) Any person who shall knowingly make a false statement or who shall knowingly falsify or allow to be falsified any certification, registration, form, signed statement, application or report required under the provisions of this code or regulation promulgated by the commissioner or the board shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not to exceed five months, or both. (b) Any person, other than a corporation, who violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code or who illegally breaks a seal on equipment, upon conviction shall be punished for each offense by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not more than thirty days or by both. Any corporation which violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code, or which illegally causes a seal to be broken, upon conviction shall be punished for each offense by a fine of not less than one hundred dollars nor more than two thousand dollars. Every day during which such violation occurs constitutes a separate offense. (c) The failure of any shipper or recipient to keep on file the fuel information tickets as required by section 24-177 of this code shall be deemed a separate and distinct violation as to each such ticket, and upon conviction thereof he or she shall be punished for each offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. (d) Any shipment or delivery of fuel except in the manner provided for in this code shall be deemed a separate and distinct violation as to each such shipment or delivery and upon conviction thereof the shipper shall be punished for each offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than thirty days, or by both fine and imprisonment. (e) Any shipper or recipient of fuel who shall in any manner misrepresent any of the information required to be contained in the fuel information ticket shall be guilty of a violation of this code and upon conviction thereof shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment for not more than sixty days or by both such fine and imprisonment. (f) The failure of any person or corporation against whom an action has been brought to collect a civil penalty pursuant to subdivision (b) of section 24-188 of this code, who has been found liable by a court for such civil penalty and who does not pay such penalty after the judgment of such becomes final, shall be deemed a wilful failure to pay a civil penalty. Any person, other than a corporation, convicted of a wilful failure to pay a civil penalty imposed by the board pursuant to section 24-178 of this code shall be punished by a fine of not less than double the amount of the civil penalty imposed by the board nor more than one thousand dollars or by imprisonment of not more than sixty days or, both. Any corporation convicted of a wilful failure to pay a civil penalty imposed by the board pursuant to section 24-178 of this code shall be punished by a fine of not less than double the amount of the civil penalty imposed by the board nor more than two thousand dollars. (g) Any person convicted of violating any of the provisions of this code or any regulation of the board not otherwise provided for by this section shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for twenty days or both for the first offense, and by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not more than thirty days or both for a second offense, and by a fine of not less than four hundred dollars nor more than five thousand dollars or by imprisonment for not more than four months or both for a third or subsequent offense. (h) Twenty-five percent of any fine that is imposed pursuant to this section, may be paid to the person or persons giving information which shall lead to conviction.