[Amended 10-3-2017 by L.L. No. 9-2017]
Any individual, corporation, firm, partnership, association,
company or entity of any kind who shall violate any provision of the
Orangetown Town Code, to which reference is made to this chapter,
shall be subject to the following, penalties:
A. Individual:
A sentence to pay a fine when imposed on an individual for an offense
defined outside this chapter for which no special fine on an individual
is specified shall be subject to the following:
(1) For
a first conviction: a maximum fine of $5,000 or by imprisonment for
a period not to exceed 15 days, or both such fine and imprisonment.
Each week's continued violation shall constitute a separate additional
violation.
(2) For
a second conviction, after having been convicted within a period of
five years of the first conviction, such violation shall be subject
to the following penalties: a maximum fine of $7,500 or by imprisonment
for period not to exceed 15 days, or both such fine and imprisonment.
Each week's continued violation shall constitute a separate additional
violation.
(3) For
any third or subsequent conviction, after having been convicted two
or more times within a period of seven years, such violation shall
be subject to the following penalties: a maximum fine of $15,000 or
by incarceration for a period less than one year, or both such fine
and imprisonment. Each week's continued violation shall constitute
a separate additional violation.
B. Corporation,
firm, partnership, association, company or entity: a sentence to pay
a fine, when imposed on a corporation, firm, partnership, association,
company or entity of any kind for an offense defined outside this
chapter for which no special corporate fine is specified, subject
to the following:
(1) For
a first conviction: a maximum fine of $20,000 or any higher amount
not exceeding double the amount of the corporation's gain from the
commission of the offense. Each week's continued violation shall constitute
a separate additional violation.
(2) For
a second conviction, after having been convicted within a period of
five years of the first conviction: a maximum fine of $40,000 or any
higher amount not exceeding double the amount of the corporation's
gain from the commission of the offense. Each week's continued violation
shall constitute a separate additional violation.
(3) For
any third or subsequent conviction, after having been convicted two
or more times within a period of seven years: a maximum fine of $60,000
or any higher amount not exceeding double the amount of the corporation's
gain from the commission of the offense. Each week's continued violation
shall constitute a separate additional violation.
C. In addition to the foregoing provisions, the Town shall have such other remedies for any violation or threatened violation as is now or may be hereafter amended by law. The application of any above penalty shall not be held to prevent any action under §
41A-2 of this chapter.
[Amended 10-3-2017 by L.L. No. 9-2017]
Any person, corporation, firm, partnership, association, company
or entity of any kind who shall violate any stop-work order of the
Building Inspector, Code Enforcement Officer or any other person lawfully
entitled to issue such order according to the Orangetown Town Code
or any other applicable law shall be punished as set forth in this
chapter.
Except as provided otherwise by law, any violation of any provision
of the Orangetown Town Code to which reference is made to this chapter
shall not be a crime, as that term is defined in Article 10 of the
Penal Law, but shall be, instead, a violation, as that term is defined
in Article 10 of the Penal Law.