[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)]
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.
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.
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.
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.
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.