[Adopted 10-8-1974 by L.L. No. 7-1974; amended in its entirety
at time of adoption of Code[1]]
Section 42 of the Second Class Cities Law is hereby superseded
and shall have no force or effect in relation to violations of ordinances
of the City of Yonkers. Penalties for violations of ordinances of
the City of Yonkers shall be imposed as provided in said ordinances.
A.
Except as otherwise provided, violations of the Yonkers City Code
shall be subject to the following penalties:
(1)
Class I offense:
(a)
Criminal penalties: A Class I offense is an unclassified misdemeanor,
subject to a fine of not less than $250 nor more than $10,000 or imprisonment
of not more than one year, or both.
[Amended 6-26-2012 by L.L. No. 5-2012]
(b)
Civil penalties: A Class I offense is subject to a civil penalty
of not less than $500 nor more than $10,000.
(2)
Class II offense:
(a)
Criminal penalties: A Class II offense is a violation, subject
to a fine of not less than $100 nor more than $5,000 or imprisonment
of not more than 15 days in jail, or both.
[Amended 6-26-2012 by L.L. No. 5-2012]
(b)
Civil penalties: A Class II offense is subject to a civil penalty
of not less that $250 nor more than $5,000.
B.
If an action, omission or conduct is made unlawful under the Yonkers
City Code and no penalty is set therefor, then such an action, omission
or conduct shall be punishable as a Class II offense.
C.
Notwithstanding any other provision of the Yonkers City Code, whenever
any action, omission or conduct is in violation of the Yonkers City
Code and such action, omission or conduct causes a danger to the health,
safety or welfare of one or more persons or the public generally,
then such a violation shall be punishable as a Class I offense.
D.
Each day an unlawful act, omission or conduct continues shall be
considered a separate offense.
E.
An attempt to violate a Class I offense shall be a Class II offense.
An attempt to violate a Class II offense shall be punishable as a
Class III offense.
A.
If a person is convicted of the crime of committing a Class II offense
and that person commits the same Class II offense a second or subsequent
time within three years of the prior conviction, then for each such
second or subsequent offense that person shall be subject to Class
I criminal penalties.
B.
If a person is convicted of the crime of committing a Class II offense
or is found by an administrative agency or civil court to have committed
a Class II offense and that person commits the same Class II offense
a second or subsequent time within three years of the prior conviction
or determination of the administrative agency or civil court, then
for each such second or subsequent offense that person shall be subject
to Class I civil penalties.
C.
If a person is convicted of the crime of committing a Class III offense
and that person commits the same Class III offense a second time within
three years of the prior conviction, then for such second offense
that person shall be subject to Class II criminal penalties. If a
person is convicted of the crime of committing a Class III offense
and that person commits the same Class III offense a third or subsequent
time within three years of the prior conviction, then for each such
third or subsequent offense that person shall be subject to Class
I criminal penalties.
D.
If a person is convicted of the crime of committing a Class III offense
or is found by an administrative agency or civil court to have committed
a Class III offense and that person commits the same Class III offense
a second time within three years of the prior conviction or determination
of the administrative agency or civil court, then for such second
offense that person shall be subject to Class II civil penalties.
If a person is convicted of the crime of committing a Class III offense
or is found by an administrative agency or civil court to have committed
a Class III offense and that person commits the same Class III offense
a third or subsequent time within three years of the prior conviction
or determination of the administrative agency or civil court, then
for each such third or subsequent offense that person shall be subject
to Class I civil penalties.
A.
Officials or employees of the City authorized to enforce this Code
in whole or in part may commence, or cause to be conducted, administrative
proceedings at which, or as a result of which, civil penalties may
be imposed.
B.
In addition to the authority to commence administrative proceedings
for the purpose of imposing civil penalties, a judicial action seeking
a civil penalty may be commenced by the Corporation Counsel, who may
also seek any other relief available to the City of Yonkers. The City
may institute an action for a civil penalty regardless of whether
the City has commenced or will commence an administrative code enforcement
proceeding or a criminal enforcement action. The City's judicial
action for a civil penalty may seek an award for attorney's fees,
costs, expenses and disbursements.
C.
When the City obtains a judgment in an action for civil penalties,
in addition to the appropriate methods of enforcement of the judgment
established in the New York Civil Practice Law and Rules, such judgment
for penalties shall be assessed and collected in the same manner as
general City taxes.
A.
Notwithstanding any other provisions of this Code, the City of Yonkers
may maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of any ordinance of the City Council, regardless of the fact that
the ordinance may provide a penalty for such violation.
B.
Action for relief authorized in this section may be brought alone
or in conjunction with any other relief or remedy available to the
City, including but not limited to civil penalty, attorney's
fees, costs, expenses and disbursements.
