N.Y. PBH Law § 1342

§ 1342. Bathing places; violations; penalties; enforcement. 1. Any\nperson violating any of the provisions of section thirteen hundred\nforty-one of this chapter, shall forfeit and pay a penalty of not less\nthan fifty dollars, nor more than two hundred dollars to be recovered by\nthe sheriff of the county in which such violation is committed, except\nin the city of New York, when the penalty shall be sued for in the name\nof the department of health of the city of New York and collected by it.\n 2. A separate penalty may be recovered for each day that any person\nsubject to the provisions of this section may violate any of the\nprovisions of the same; but no penalty shall be recovered for any other\nviolation thereof than shall have occurred during the days when the\nowner or lessee, or other person, maintaining the said bathing\nestablishments, shall have kept the same open for the use of the public,\nor for such persons as may be the guests of any hotel with which such\nbathing establishments may be connected.\n 3. It shall be the duty of the sheriffs and constables of the several\ncounties of this state abutting upon the seashore, to see that in their\nrespective counties the provisions of this section are enforced, and to\nbring suit for the recovery of the penalty therein provided, unless some\nother person had already brought suit for the same.\n