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New York City Administrative Code Section 3-223 Penalties - Penalties.Legal Research Home > New York Lawyer > NYC Administrative Code > New York City Administrative Code Section 3-223 Penalties - Penalties.
§ 3-223 Penalties. (a) Except as provided for in subdivision (b) of
this section, any person or organization who knowingly and wilfully
violates any provision of this subchapter shall be guilty of a class A
misdemeanor. In addition to such criminal penalties, said person or
organization shall be subject to a civil penalty, in an amount not to
exceed fifteen thousand dollars, to be assessed by the city clerk, or an
order to cease all lobbying activities subject to the jurisdiction of
the city clerk for a period of time as determined by said clerk not to
exceed sixty days, or both such civil penalty and order.
(b) Any person or organization who violates a cease and desist order
of the city clerk issued under subdivision a of this section or enters
into a contingency agreement or accepts or pays any contingency fees as
proscribed in section 3-218 of this subchapter, shall be guilty of a
class A misdemeanor. In addition to such criminal penalties, said person
or organization shall be subject to a civil penalty, in an amount not to
exceed fifteen thousand dollars, to be assessed by the city clerk.
(c) Following a failure to make and file any statement or report
required by this subchapter, the city clerk shall notify the person or
organization of such fact by certified mail that such filing must be
made within fourteen business days of the date of mailing of such
notice. The failure to file any statement or report within such time
shall constitute a class A misdemeanor. In addition to such criminal
penalties, said person or organization shall be subject to a civil
penalty, in an amount not to exceed ten thousand dollars, to be assessed
by the city clerk. For the purposes of this subdivision, the chief
administrative officer of any organization required to file a statement
or report shall be the person responsible for making and filing such
statement or report unless some other person prior to the due date
thereof has been duly designated to make and file such statement or
report.
(d) Any person or organization who violates any provision of this
subchapter not punishable under subdivisions a, b or c of this section
shall be subject to a civil penalty, in an amount not to exceed ten
thousand dollars, to be assessed by the city clerk.
(e) Any civil penalty to be assessed under subdivision d of this
section, or any order issued under subdivision a of this section, may
only be imposed or issued after written notice of violation and the
expiration of fourteen business days from the date of mailing of such
notice. If such violation is cured within such fourteen-day period, then
such civil penalty or order shall not be imposed or issued.
(f) The amount of any assessment made or duration of order issued
pursuant to this section shall be determined only after a hearing at
which the party shall be entitled to appear and be heard. Any assessment
imposed under this section may be recovered in an action brought by the
corporation counsel.
(g) The city clerk shall be charged with the duty of reviewing all
statements and reports required under this subchapter for violations,
and it shall be his duty, if he deems such to be wilful, to report such
determination to the appropriate authority for criminal prosecution.
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Last modified: August 13, 2006 |