A person who violates any of the foregoing provisions of this article shall be guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars, or by imprisonment for not more than ninety days, or both. Failure by an operator to exhibit his pilot certificate upon proper demand or failure to show the aircraft registration certificate upon proper demand shall be presumptive evidence that the operator is not duly licensed or that the aircraft is not duly registered under this article. That an act or omission with respect to rules set forth in subdivision six of section two hundred forty-five was done or made in accordance with regulations affecting aircraft subject to federal aviation regulations, or that a landing or take-off from or on a public street or highway was done with consent of local authorities and approval of the administrator of the federal aviation agency, or that an act or omission which would otherwise be a violation of a prescribed rule was an authorized deviation under subdivision eleven of section two hundred forty-five, shall be matters of defense.
N.Y. Gen. Bus. Law § 246