§ 402-a. Facsimile license plates. 1. No person shall manufacture,\nsell, or offer for sale a decorative or facsimile license plate of a\nsize, shape, color and design which is identical with the size, shape,\ncolor and design of license plates issued by the department.\n 2. Notwithstanding subdivision one of this section, the commissioner\nmay authorize the manufacture and sale of decorative or facsimile\nlicense plates which are identical to those issued by the department for\nspecial events or productions.\n 3. Whenever there shall be a violation of this section, application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation or to enforce the provisions of this section; and if it shall\nappear to the satisfaction of the court or justice that the defendant\nhas, in fact, violated this section, an injunction may be issued by such\ncourt or justice, enjoining and restraining any further violation,\nwithout requiring proof that any person has, in fact, been injured or\ndamaged thereby. Whenever the court shall determine that a violation of\nthis section has occurred the court may impose a civil penalty of not\nmore than five hundred dollars for each violation. In connection with\nany such proposed application, the attorney general is authorized to\ntake proof and make a determination of the relevant facts and issue\nsubpoenas in accordance with the civil practice law and rules.\n
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