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.