§ 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.