[Amended 2-22-2024 by L.L. No. 5-2024]
A. Any person
who shall violate or neglect or refuse to comply with any of the provisions
of this chapter, except where otherwise indicated, shall be guilty
of an unclassified misdemeanor and shall be liable to a fine of not
more than $5,000 or imprisonment for not more than 60 days, or both.
Each day shall constitute a separate violation and subject any person
who shall violate or neglect or refuse to comply with any provision
of the chapter to liability to the same extent as the first-time violator.
B. Any person who shall violate or neglect or refuse to comply with any of the provisions of §
177-100.1 shall be guilty of an unclassified misdemeanor and shall be liable for a fine of $5,000 up to $10,000 or imprisonment for not more than 60 days, or both, and upon a second or subsequent conviction, by a fine of $10,000 up to $20,000 or by a maximum period of imprisonment not less than 60 days nor more than six months, or by both such fine and imprisonment. Each day's continued violation of §
177-100.1 shall constitute a separate additional violation.
If any clause, sentence, paragraph, subdivision, section or
other part of this chapter shall be judged by any court of competent
jurisdiction to be unconstitutional or otherwise invalid, such judgment
shall not affect, impair or invalidate the remainder of this chapter,
and it shall be construed to have been the legislative intent to enact
this chapter without such unconstitutional or invalid part therein.
[Amended 10-6-2009 by L.L. No. 5-2009]
This chapter shall become effective immediately upon filing
with the Secretary of State of the State of New York.
The provisions of this chapter shall take precedence over and
shall supersede and preempt any inconsistent provision of any other
local law or ordinance heretofore enacted by the Town of Smithtown
or by any village within the Town of Smithtown.