Legislation
SECTION 71-0519
Compromise of civil penalty
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 5
§ 71-0519. Compromise of civil penalty.
1. A person who has violated any of the provisions of this chapter
listed in section 71-0501 or under titles 5 through 15 inclusive and
title 33 of this article, and who desires to compromise and settle his
civil liability therefor, may appear with any conservation officer,
regional and assistant regional conservation officer, special game
protector, district ranger, forest ranger, or member of the state
police, before a court or justice having jurisdiction in civil actions,
and thereupon such person may, upon the consent of the representative of
the department appearing, compromise and settle his liability for civil
penalties, for an amount agreed upon between said court or justice, the
representative of the department and the person who committed such
violation.
2. The agreed amount shall not be less than ten dollars nor more than
the amount for which such person would be liable in a civil action for
penalties; provided that any person who has violated the provisions of
this chapter listed in section 71-0501 or under titles 5 through 13
inclusive and titles 27 and 33 of this article, involving the taking of
a deer with the aid of an artificial light, or has illegally taken a
deer prior to the first day of the open season or after the last day of
the open season in the county in which taken, or has otherwise illegally
taken a deer, and who desires to compromise and settle his civil
liability therefor, may, in the manner herein provided, compromise and
settle his liability for civil penalties under the provisions of this
chapter listed in section 71-0501 or under titles 5 through 13 inclusive
and titles 27 and 33 of this article, in an amount not less than one
hundred dollars nor more than the amount for which such person would be
liable in a civil action for penalties.
3. If such compromise be made, such person shall forthwith subscribe
his name to a statement setting forth concisely the facts constituting
such violation, the amount agreed upon, and that a judgment may be
entered against him for that sum. Upon said statement being sworn to
before and filed with said court or justice, he shall forthwith enter in
his civil docket a record of the proceedings and amount of the judgment.
4. Said court or justice shall upon the entry of such judgment be
entitled to a fee of two dollars and fifty cents to be paid by the
person who committed such violation, provided, however, that if the
justice is a justice of a town or village, such fee shall be the
property of the town or village of which he is an officer, and shall be
paid by said justices to the State Comptroller in the same manner as
other fees received by such justice.
5. A judgment entered as provided herein may be enforced by an
execution against the property of the defendant, but no body execution
shall issue thereon. Such judgment shall be a bar to a criminal action
for the same violation, if satisfied within thirty days from the date of
the entry thereof.
6. Whenever a person who desires to compromise and settle his civil
liability pursuant to the provisions of this section is an infant over
the age of fourteen years, upon his appearance for such purpose, the
court or justice before whom such appearance is made, may, upon the
application of such person appoint a person to appear as his guardian
for the purpose of compromising and settling his said civil liability.
The written consent of the person so appointed must be filed with the
court or justice before his appointment.
1. A person who has violated any of the provisions of this chapter
listed in section 71-0501 or under titles 5 through 15 inclusive and
title 33 of this article, and who desires to compromise and settle his
civil liability therefor, may appear with any conservation officer,
regional and assistant regional conservation officer, special game
protector, district ranger, forest ranger, or member of the state
police, before a court or justice having jurisdiction in civil actions,
and thereupon such person may, upon the consent of the representative of
the department appearing, compromise and settle his liability for civil
penalties, for an amount agreed upon between said court or justice, the
representative of the department and the person who committed such
violation.
2. The agreed amount shall not be less than ten dollars nor more than
the amount for which such person would be liable in a civil action for
penalties; provided that any person who has violated the provisions of
this chapter listed in section 71-0501 or under titles 5 through 13
inclusive and titles 27 and 33 of this article, involving the taking of
a deer with the aid of an artificial light, or has illegally taken a
deer prior to the first day of the open season or after the last day of
the open season in the county in which taken, or has otherwise illegally
taken a deer, and who desires to compromise and settle his civil
liability therefor, may, in the manner herein provided, compromise and
settle his liability for civil penalties under the provisions of this
chapter listed in section 71-0501 or under titles 5 through 13 inclusive
and titles 27 and 33 of this article, in an amount not less than one
hundred dollars nor more than the amount for which such person would be
liable in a civil action for penalties.
3. If such compromise be made, such person shall forthwith subscribe
his name to a statement setting forth concisely the facts constituting
such violation, the amount agreed upon, and that a judgment may be
entered against him for that sum. Upon said statement being sworn to
before and filed with said court or justice, he shall forthwith enter in
his civil docket a record of the proceedings and amount of the judgment.
4. Said court or justice shall upon the entry of such judgment be
entitled to a fee of two dollars and fifty cents to be paid by the
person who committed such violation, provided, however, that if the
justice is a justice of a town or village, such fee shall be the
property of the town or village of which he is an officer, and shall be
paid by said justices to the State Comptroller in the same manner as
other fees received by such justice.
5. A judgment entered as provided herein may be enforced by an
execution against the property of the defendant, but no body execution
shall issue thereon. Such judgment shall be a bar to a criminal action
for the same violation, if satisfied within thirty days from the date of
the entry thereof.
6. Whenever a person who desires to compromise and settle his civil
liability pursuant to the provisions of this section is an infant over
the age of fourteen years, upon his appearance for such purpose, the
court or justice before whom such appearance is made, may, upon the
application of such person appoint a person to appear as his guardian
for the purpose of compromising and settling his said civil liability.
The written consent of the person so appointed must be filed with the
court or justice before his appointment.