Town of Lloyd, NY Article VII Penalties; Miscellaneous Provisions

[Amended 3-12-2003 by L.L. No. 1-2003]

§ 96-17 Penalties for offenses; local surcharge.

[Amended 11-10-2004 by L.L. No. 4-2004; 12-19-2018 by L.L. No. 9-2018]

A. Any person or persons, association or corporation committing an offense against Articles I through V of this chapter of the Town of Lloyd Code which is not a violation of any part of the New York State Vehicle and Traffic Law shall be guilty of a violation punishable by a fine not to exceed $50.

B. Any person or persons, association or corporation committing an offense against Articles VI of this chapter of the Town of Lloyd Code shall be guilty of a violation punishable by a fine of an amount up to $1,000, or imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each week of continued violations shall constitute a separate, additional violation.

C. A court may assess a civil penalty of a minimum of $250 and a maximum of $1,000 each week that the violation persists. Each week of continued violation shall constitute a separate additional violation for purposes of the civil penalty. The civil penalty shall also include an amount to be set by the court, as reasonable attorney fees, to reimburse the Town for amounts expended to obtain a civil money judgment under this section of the Town Code.

D. Local surcharge for violations.

(1) Local surcharge. For convictions rendered in the Town of Lloyd Justice Court for violations committed between the effective date of this subsection and September 1, 2005, which convictions are subject to a mandatory surcharge imposed pursuant to § 1809 of the Vehicle and Traffic Law, there shall be an additional surcharge of $10 per violation.

(2) Payment to Clerk of Court; disposition of surcharge. The surcharge authorized by Subsection D(2) of this section shall be paid to the Clerk of the Court that rendered the conviction. Within the first 10 days of the month next succeeding the collection of such surcharge, the court shall pay the surcharge upon application to the Supervisor as chief fiscal officer of the Town. The Supervisor shall require such proof as is necessary in order to determine whether a refund is required by law, as hereinafter set forth.

(3) Refunds. Any person who has paid a surcharge authorized by this section which is ultimately determined not to be required by this section shall be entitled to a refund of such surcharge upon application to the Supervisor as chief fiscal officer of the Town. The Supervisor shall require such proof as is necessary in order to determine whether a refund is required by law.

§ 96-18 When effective; approval.

A. Except those parts, if any, which are subject to approval under § 1684 of the New York State Vehicle and Traffic Law, this chapter shall take effect as provided by law.

B. Any part or parts of this chapter which are subject to approval under 1684 of the New York State Vehicle and Traffic Law shall take effect from and after the day on which approval is received from the New York State Department of Transportation.