Section 853. Enforcement; limitation of scope

1. The attorney general or
  any state or local health officer, town, village or  city  attorney,  or
  the chief executive officer of a municipality may institute an action in
  a  court  of  competent  jurisdiction  to enjoin any activity prohibited
  pursuant to section eight hundred fifty-one of  this  chapter.  If  such
  court finds that any person, firm or corporation has sold or offered for
  sale  any  drug-related  paraphernalia,  it shall assess civil penalties
  against such person, firm or corporation in an amount not less than  one
  thousand  dollars  nor  more  than  ten  thousand  dollars for each such
  violation.
    2. This article shall not apply to any sale, furnishing or  possession
  which is lawful under section 3381 of the public health law.