Town of Thompson, NY Article II General Penalty

[Adopted 7-7-1981 by L.L. No. 5-1981; amended in its entirety 10-21-2003 by L.L. No. 7-2003 (Ch. 1, Art. II, of the 2003 Code)]

§ 1-14 Criminal penalties.

A. Unless a specific penalty is provided elsewhere in this Code or in any other ordinance or local law for a particular offense, any person committing an offense against any provision of any chapter of this Code or any other ordinance or local law which refers to this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 for the first offense and by a fine not exceeding $500 for a second offense and by a fine not exceeding $1,000 for each subsequent offense or by imprisonment for a term not exceeding 15 days for the second and each subsequent offense, or by both such fine and imprisonment.

B. Any person, and any person having a substantial connection as defined in Chapter 250, Zoning and Planned Unit Development, § 250-2, who shall violate Chapter 100, Adult Uses, or § 250-54A or B shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Every day during which a person shall fail to comply with any provision of this Code shall constitute a separate offense.

§ 1-15 Civil penalties.

In addition to any criminal or other penalty imposed by this Code or any other local law, ordinance or regulation, a person who shall violate any provision of this Code shall be subject to a civil penalty for each such violation not exceeding $250 for the first offense and $500 for each subsequent offense. Each day during which a person shall fail to comply with any provision shall constitute a separate offense. A civil penalty shall be enforceable and collectible in the name of the Town. In any such proceeding to collect a civil penalty, the Town shall be entitled to collect interest, costs and disbursements incurred in connection with such proceeding and in addition reasonable counsel fees or a charge to reimburse the Town for expenditures for attorneys employed or appointed by the Town. The Town, in its discretion, may seek a civil penalty or both a civil penalty and any applicable criminal penalty for any violation of this Code.

§ 1-16 Forfeitures and other proceedings.

A. If any person holding a permit granted pursuant to this Code shall be convicted of a violation of this Code related to the holding of such permit, the Town may suspend or revoke such permit based upon the conviction for such violation.

B. If any person shall apply for a permit or a renewal or reissue of a permit, such person shall pay to the Town any and all outstanding fines, civil penalties or other charges due the Town and unpaid on the date of application for such permit, renewal or reissue thereof, and upon making such payment the Town Clerk or other officer shall issue such permit.

§ 1-17 Other relief.

If any provision of this Code shall require a person to perform an act or to refrain from performing any act which is in violation of any provision of this Code or of a lawful order of any board or agency of the Town, then and in that event the Town may seek injunctive relief to compel such compliance.

§ 1-18 Chapter penalties for offenses.

Upon the adoption or amendment of a chapter of this Code and in the absence of any provision defining a specific penalty for violation of a provision of such chapter, the provisions of this section shall be deemed to apply to any such violation. A fine or penalty imposed pursuant to any other chapter of this Code shall be deemed to supersede, in whole or in part, the fine or penalty imposed pursuant to this Article II. The Town Board may determine that a violation shall constitute a crime rather than a violation or infraction and shall so designate the degree of such crime in the specific chapter of this Code.