396-L - Shopping carts; child protective devices. - New York Statutes

§ 396-l. Shopping carts; child protective devices. 1. For the purposes of this section, "child protective device" shall mean a strap, device, or piece of equipment designed, utilizing reasonable engineering standards, to prevent a child from falling out of a shopping cart. Any child protective device designed to secure a child of average size within the ages of six months to four years shall qualify for the twenty-five percent threshold set forth in subdivision two of this section. 2. Every commercial business which provides its customers with shopping carts with seats for children shall equip and maintain not less than twenty-five percent of the total number of such shopping carts with a child protective device. 3. Whenever there shall be a violation of this section, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. The defendant shall have twenty-one days from the date of receipt of notice of the violation within which to remedy the violation. In the event that such violation is not remedied, the court may impose a civil penalty of not more than one thousand dollars per violation. For the purpose of this section, failure to meet the twenty-five percent threshold set forth in subdivision two of this section shall constitute a single violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.