Town/Village of Mount Kisco, NY
Westchester County
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Table of Contents
Table of Contents
[Added 1-3-1983 by L.L. No. 1-1983, effective 1-23-1983; amended 6-19-1995 by L.L. No. 4-1995]
Except for offenses defined in the Vehicle and Traffic Law as traffic or parking violations and for offenses defined in the appropriate chapter hereof as misdemeanors, offenses against this Code shall be violations. Unless otherwise provided in the appropriate chapter hereof, the penalties for offenses against this Code shall be as defined in this chapter. The provisions of this chapter are adopted pursuant to the authority set forth in the Municipal Home Rule Law, and, to the extent that any provision of this chapter is inconsistent with § 20-2006 or any other section of the Village Law, such section of the Village Law is hereby superseded.
[Amended 10-17-1988 by L.L. No. 3-1988; 8-24-1992 by L.L. No. 9-1992]
A. 
Class I violations.
(1) 
For such offenses as are defined in this Code as Class I violations, the penalty for a noncorporate offender shall consist of:
(a) 
A fine of not more than $5,000 nor less than $1,000;
(b) 
Imprisonment for not more than 15 days; or
(c) 
Both such fine and such imprisonment.
(2) 
For such offenses as are defined in this Code as Class I violations, the penalty for a corporate offender shall consist of a fine of not more than $10,000 nor less than $2,000, or any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense.
B. 
Class II violations.
[Amended 3-13-1995 by L.L. No. 1-1995]
(1) 
Except as provided in Subsection B(3) below, for such offenses as are defined in this Code as Class II violations, the penalty for a noncorporate offender shall consist of:
(a) 
A fine of not more than $500 nor less than $250;
(b) 
Imprisonment for not more than 15 days; or
(c) 
Both such fine and imprisonment.
(2) 
For such offenses as are defined in this Code as Class II violations, the penalty for a corporate offender shall consist of a fine of not more than $2,500 nor less than $500, or any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense.
(3) 
For such offenses as are defined in Chapter 43 of this Code, the penalty shall consist of a fine of not more than $150 nor less than $75.
C. 
Class III violations. For such offenses as are defined in this Code as a Class III violation, the penalty shall be a fine of not more than $1,000 nor less than $75.
[Amended 1-4-2005 by L.L. No. 2-2005; 12-1-2008 by L.L. No. 5-2008]
D. 
Notwithstanding any provision of this Code to the contrary, each and every day a violation continues shall constitute a separate offense.
[Added 12-1-2008 by L.L. No. 6-2008]
[Amended 10-17-1988 by L.L. No. 3-1988; 8-24-1992 by L.L. No. 9-1992]
A. 
For such offenses as are defined in this Code as misdemeanors, the penalty for a noncorporate offender shall consist of a fine of not more than $10,000 nor less than $2,000 or imprisonment for not more than 180 days, or both such fine and such imprisonment.
B. 
For such offenses as are defined in this Code as misdemeanors, the penalty for a corporate offender shall consist of a fine of not more than $20,000 nor less than $4,000, or any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense.
[Amended 10-17-1988 by L.L. No. 3-1988; 8-24-1992 by L.L. No. 9-1992]
A. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided for in § 1-17C of this Code and who is found to be a second offender, as that term is defined in Subsection E of this section, shall be punishable with a fine as provided in § 1-17C of this Code.
[Amended 1-4-2005 by L.L. No. 2-2005; 9-6-2011 by L.L. No. 2-2011]
B. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-17B(1) or (2) of this Code and who is found to be a second offender, as that term is defined in Subsection E of this section, shall be punishable as provided in § 1-17A of this Code.
[Amended 3-13-1995 by L.L. No. 1-1995]
C. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-17A of this Code and who is found to be a second offender, as that term is defined in Subsection E of this section, shall be punishable by not less than twice the penalty which would otherwise be imposed pursuant to § 1-17A of this Code; provided, however, that where such person is found guilty of an offense defined in §§ 72-8 through 72-12 of this Code, said person shall be punishable by not less than three days' imprisonment in addition to any fine which may be imposed.
D. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-18 of this Code and who is found to be a second offender, as that term is defined in Subsection E of this section, shall be punishable by not less than twice the penalty which would otherwise be imposed pursuant to § 1-18 of this Code.
E. 
For purposes of this section, the term "second offender" shall mean a person who has been convicted and sentenced within the past 10 years of an offense against the same provision of this Code as the current conviction.
F. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-17(B)(3) of this Code and who is found to be a second offender, as that term is defined in Subsection E of this section, shall be punishable by a fine of not more than $500 nor less than $250 or by imprisonment for not more than 15 days, or by both such fine and such imprisonment.
[Added 3-13-1995 by L.L. No. 1-1995]
[Amended 8-24-1992 by L.L. No. 9-1992]
A. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided for in § 1-17C of this Code and who is found to be a third offended, as that term is defined in Subsection E of this section, shall be punishable with a fine as provided in § 1-17C of this Code.
[Amended 1-4-2005 by L.L. No. 2-2005; 9-6-2011 by L.L. No. 2-2011]
B. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-17B(1) or (2) of this Code and who is found to be a third offender, as that term is defined in Subsection E of this section, shall be punishable by not less than twice the penalty which would otherwise be imposed pursuant to § 1-17A of this Code.
[Amended 3-13-1995 by L.L. No. 1-1995]
C. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-17A of this Code and who is found to be a third offender, as that term is defined in Subsection E of this section, shall be punishable by not less than three times the penalty which would otherwise be imposed pursuant to § 1-17A of this Code; provided, however, that where such person is found guilty of an offense defined in §§ 72-8 through 72-12 of this Code, such person shall be punishable by not less than 10 days' imprisonment in addition to any fine which may be imposed.
D. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-18 of this Code and who is found to be a third offender, as that term is defined in Subsection E of this section, shall be punishable by not less than three times the penalty which would otherwise be imposed pursuant to § 1-18 of this Code.
E. 
For purposes of this section, the term "third offender" shall mean a person who has been convicted and sentenced twice within the past 10 years of an offense against the same provision of this Code as the current conviction.
F. 
Anything to the contrary set forth elsewhere in this Code notwithstanding, any person who is found to be guilty of an offense punishable as provided in § 1-17(B)(3) of this Code and who is found to be a third offender, as that term is defined in Subsection E of this section, shall be punishable by a fine of not more than $1,000 nor less than $500 and by imprisonment for not less than three days nor more than 15 days.
[Added 3-13-1995 by L.L. No. 1-1995]
[Amended 8-24-1992 by L.L. No. 9-1992]
In addition to any other sentence which may be imposed pursuant to the provisions of this Code, the Court may impose a conditional discharge if the Court, having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that the public interest would be served thereby. When the Court imposes a sentence of conditional discharge, the defendant shall be subject, during the period of conditional discharge, to such conditions as the court may determine, which such conditions shall be consistent with § 65.10 of the Penal Law; provided, however, that where the defendant is convicted of any offense against Chapter 72 or Chapter 110 of this Code, such conditions shall include the requirement that the defendant consent to random, unannounced inspections of the premises with respect to which the offense was committed for the purpose of ensuring compliance. The period of conditional discharge shall be three years with respect to an offense against Chapter 72 or Chapter 110 of this Code and not more than three years nor less than one year with respect to any other offense. The court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the conditional discharge and impose a sentence of imprisonment at any time prior to the expiration or termination of the period of conditional discharge.
[Added 8-24-1992 by L.L. No. 9-1992]
A. 
Except as provided in Subsection B hereof, traffic infractions shall be penalized in accordance with the schedules set forth by the Commissioner of Motor Vehicles, as provided for by the Vehicle and Traffic Law.
B. 
The Village Manager is hereby authorized and directed to establish a schedule of fines for stopping, standing and parking (nonmoving) traffic infractions and to publish and issue the same as part of the traffic rules and regulations.
[Added 8-24-1992 by L.L. No. 9-1992]
In addition to the foregoing, administrative sanctions may be imposed on offenders. Such sanctions include but are not limited to the revocation or suspension of licenses or permits with which such offenses may be concerned.