Section 1342. Bathing places; violations; penalties; enforcement

1. Any
  person violating any of  the  provisions  of  section  thirteen  hundred
  forty-one  of  this chapter, shall forfeit and pay a penalty of not less
  than fifty dollars, nor more than two hundred dollars to be recovered by
  the sheriff of the county in which such violation is  committed,  except
  in  the city of New York, when the penalty shall be sued for in the name
  of the department of health of the city of New York and collected by it.
    2. A separate penalty may be recovered for each day  that  any  person
  subject  to  the  provisions  of  this  section  may  violate any of the
  provisions of the same; but no penalty shall be recovered for any  other
  violation  thereof  than  shall  have  occurred during the days when the
  owner  or  lessee,  or  other  person,  maintaining  the  said   bathing
  establishments, shall have kept the same open for the use of the public,
  or  for  such  persons as may be the guests of any hotel with which such
  bathing establishments may be connected.
    3. It shall be the duty of the sheriffs and constables of the  several
  counties  of this state abutting upon the seashore, to see that in their
  respective counties the provisions of this section are enforced, and  to
  bring suit for the recovery of the penalty therein provided, unless some
  other person had already brought suit for the same.