[Adopted 7-13-1970 (Ch. 1, §§ 1-9 and 1-10,
of the 1968 Code)]
[Amended 1-27-1975 by L.L. No. 1-1975; 8-8-1994 by L.L. No.
11-1994]
A.
In this section, "violation of this Code" means:
B.
In this section, "violation of this Code" does not
include the failure of a Village official or employee to perform any
official duty unless it is expressly provided that failure to perform
the duty is to be punished as provided in this section.
C.
Any person, corporation or other entity convicted
of a violation of this Code shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $2,000 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment.
In addition, that party, in the Court's discretion, shall perform
such additional or alternative community services as the Court may
direct. With respect to violations of this Code that are continuous
with respect to time, each day the violation continues is a separate
offense.
[Amended 3-9-2009 by L.L. No. 7-2009]
D.
The imposition of a penalty does not prevent revocation
or suspension of a license, permit or franchise.
E.
Violations of this Code that are continuous with respect
to time are a public nuisance and may be abated by injunctive or other
equitable relief. The imposition of a penalty does not prevent equitable
relief.
F.
Where more than one party is liable for a violation
of this Code, such liability shall be joint and several in scope.
G.
For the purpose of this section, ordinances of the
Village Code, if any, shall be deemed local laws. This section shall
amend and/or supersede Village Law § 20-2006.
H.
This section supersedes any other penalty section
of the Village Code to the extent that said other penalty section
imposes a lesser fine or condition or is otherwise in conflict with
the provisions contained herein.
I.
If any word, clause, sentence or subsection of this
local law shall be found by any court of competent jurisdiction to
be unenforceable, then said segment shall be severable from the balance
of the local law, which shall remain in full force and effect.
J.
Community service sentencing. Pursuant to the New
York State Penal Law and Code of Criminal Procedure, the Justice Court
is hereby authorized, as, in its discretion, it deems reasonable,
to substitute performance of community service for public or not-for-profit
corporations, associations, institutions or agencies in lieu of monetary
restitutions, fine and/or jail time, but only upon agreement and acceptance
by the defendant of the terms and conditions of the service.
K.
Upon consent of an owner of property which is the
subject of an action before the Court, any fine imposed by the Court
shall constitute a lien which may be collected in the same manner
as and payable together with the real property taxes imposed by the
Incorporated Village of Patchogue against said property.
[Added 10-9-1995 by L.L. No. 17-1995]
In the definition of terms and construction
of all ordinances and local laws hereby enacted or hereafter to be
enacted, the following rules shall be observed unless excluded by
express provisions or when to do so would be inconsistent with the
manifest intent of the ordinance or local law:
A.
Person. The term "person" includes a corporation,
a joint-stock association and partnership as well as an individual,
unless such extension is clearly inapplicable.
B.
Gender. The words of the masculine gender include
the feminine and the neuter gender and may refer to a corporation
or to a board or other body or assembly of persons; and when the sense
so indicates, the words of the neuter gender may refer to any gender.
C.
Tenses. The words of the present tense shall include
the future.
D.
Heretofore and hereafter. Each of the terms "heretofore"
and "hereafter" in any provision of the ordinance or local law relates
to the time such provision takes effect.
E.
Singular and plural words. Words in the singular include
the plural, and the plural number include the singular.
F.
Village and Village officials. Whenever used without
modifying words or qualifications, "Village" shall mean the Incorporated
Village of Patchogue, New York, and the designation of any board,
commission, committee, official or agency shall mean that of the Incorporated
Village of Patchogue, New York. The words "Village Board" or "Board
of Trustees" shall mean the Board of Trustees of the Incorporated
Village of Patchogue.
G.
Conjunctions and disjunctions. The words "and" and
"or" in any ordinance or local law may be construed as "and/or" where
the context and a reasonable interpretation of the ordinance or local
law so permits.
[Added 5-8-1995 by L.L. No. 9-1995]
