New York Laws
Article 16 - Weights and Measures
181 - Powers and Duties of Municipal Directors; Prosecution for Violations; Local Fees.

§ 181. Powers and duties of municipal directors; prosecution for
violations; local fees. Each municipal director appointed pursuant to
the provisions of section one hundred eighty of this article, personally
or through his authorized agents, shall:

1. Administer, supervise and enforce within his municipality the
provisions of this article and the rules and regulations adopted
pursuant thereto.

2. Take charge of and safely keep the municipal standards and, at
least once every five years, submit such standards to the commissioner,
at the place where the standards of the state are kept, for calibration
and certification.

3. Keep a complete record of the work done by him and make reports of
such work to the commissioner at the times and in the form required by
the commissioner.

4. In the general performance of his official duties, in the execution
of the provisions of this article; have access to all places of
business, buildings or premises; and stop any vendor or dealer
whatsoever for the purpose of making proper inspections and tests.

5. Inspect, test and ascertain, as frequently as prescribed by the
commissioner, if weights and measures, weighing and measuring devices
and systems and pricing devices and systems, and accessories related
thereto, which are used commercially by any person, firm or corporation,
including but not limited to coin counting machines used by any coin
processor required to be licensed pursuant to article twenty-seven-A of
the general business law ("coin processor licensing act"), are correct
and being used correctly.

6. Weigh, measure and inspect packaged commodities kept, offered or
exposed for sale, sold or in the process of delivery to determine
whether such packages contain the amounts represented and whether they
are kept, offered or exposed for sale in accordance with this article or
the rules and regulations promulgated pursuant thereto.

7. a. Upon finding a violation of the provisions of this article or
the rules and regulations promulgated pursuant thereto, expeditiously
cause the same to be corrected or where there is evidence of intent to
defraud refer evidence of such violation to the district attorney of the
county for prosecution under section forty-one of this chapter or in the
absence of intent to defraud refer to the attorney for the municipality
for commencement of a civil action, in the name of the municipality, to
recover a civil penalty in the amounts prescribed in sections
thirty-nine and forty of this chapter. A cause of action for recovery of
such penalty may be released, settled or compromised by the municipal
director before the matter is referred to the municipal attorney or
thereafter by such attorney. Notwithstanding the provisions of section
forty-five of this chapter, all moneys collected hereunder shall be
retained by the municipality.

b. The municipal director in a city having a population of one million
or more may hold a hearing to determine whether a violation of the
provisions of this article has occurred. At least two weeks written
notice of a hearing shall be served either personally on the individual
in charge of the place of business where the alleged violation occurred
or by certified or registered mail addressed to such place of business.
Such notice shall contain a concise statement of the facts constituting
the alleged violation and shall set forth the date, time and place that
the hearing will be held. At a hearing conducted by him or his designee,
the municipal director shall be authorized to recover any penalty
imposed as the result of a finding of a violation of the provisions of
this article.

8. Have authority to establish and collect fees for the inspection and
testing of all weights and measures, weighing and measuring devices and
systems and pricing devices and systems, and accessories related thereto
within his jurisdiction. Provided, however, that the commissioner shall,
after public hearing, promulgate rules and regulations fixing maximum
levels for such fees and governing any other aspect thereof, including
the frequency of such inspections, as he deems necessary. All fees
collected by the municipal director shall be paid into the appropriate
municipal treasury. No additional inspection fees shall be assessed for
pricing accuracy inspections where the retail store being inspected has
previously passed two consecutive inspections during the calendar year.

9. Inspect and test fuels for conformance with applicable standards
and enforce against violations of such standards.