402-A - Facsimile license plates.

§ 402-a. Facsimile  license  plates.  1.  No person shall manufacture,  sell, or offer for sale a decorative or facsimile  license  plate  of  a  size,  shape,  color and design which is identical with the size, shape,  color and design of license plates issued by the department.    2. Notwithstanding subdivision one of this section,  the  commissioner  may  authorize  the  manufacture  and  sale  of  decorative or facsimile  license plates which are identical to those issued by the department for  special events or productions.    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  violation or to enforce the provisions of this section; 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. Whenever the court shall determine that a violation  of  this  section  has  occurred the court may impose a civil penalty of not  more than five hundred dollars for each 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  issue  subpoenas in accordance with the civil practice law and rules.