Except where a different meaning is expressly specified either in an
antecedent or subsequent provision of this article or in the provisions of
any other chapter of this Code or of any other local law, ordinance, resolution,
order, rule or regulation of the village enacted or adopted outside of this
Code but subject to the provisions of this article, the following terms shall
have the following meanings:
CRIMINAL OFFENSE
Any offense, other than a traffic infraction, punishable as a misdemeanor
of any classification.
INFRACTION
A minor petty offense in the nature of, but not having the same status
as, a violation, and distinguishable from the latter classification of offense
in that a sentence to a fine of not more than $150 is the only punishment
provided or authorized for an infraction and no sentence to a term of imprisonment
may be imposed therefor, either together with or in lieu of such fine.
LEGAL OR EQUITABLE REMEDY
Any legal or equitable actions or proceedings which are or may be
provided or authorized by law, by which the imposition of any punitive sanction
or civil penalty, or the issuance of any declarative judgment, injunction
or other relief, may be sought and obtained for the purpose of enforcing obedience
to, and/or punishing the violation of, the provisions of any chapter of the
Village Code or of any other village enactment outside of this article.
MISDEMEANOR
Any offense defined and classified as a "misdemeanor" under Articles
10 and 55, respectively, of the New York Penal Law, for which a sentence to
a term of imprisonment in excess of 15 days may be imposed, but for which
a term of imprisonment in excess of one year cannot be imposed.
OFFENSE
Any conduct, whether by act or omission, for which a sentence to
a term of imprisonment or to a fine, or both, is provided by the provisions
of this article or by the provisions of any other village enactment outside
of this article.
OTHER VILLAGE ENACTMENT OUTSIDE OF THIS ARTICLE
Any other chapter of this Village Code or any local law, ordinance,
resolution, order, rule or regulation enacted, adopted or approved by the
Board of Trustees of the village outside of this Code, the violation of any
of the provisions of which is proscribed, declared to be unlawful or designated
as an offense under the provisions of that outside enactment and the punishment
for which is either expressly prescribed under that outside enactment or directed
to be made in accordance with the provisions of this article.
PERSON
A human being and, where appropriate, a public or private corporation,
an unincorporated association, a partnership, a limited liability company
or any other entity capable of suing or being sued.
PETTY OFFENSE
An infraction or violation as such terms be defined under this section.
PUNITIVE SANCTION
Any sentence, provided by or authorized pursuant to law, which imposes,
as punishment for and upon the conviction of an offense, either a fine or
a term of imprisonment, or both a fine and a term of imprisonment.
TRAFFIC INFRACTION
Any offense defined as a "traffic infraction" by § 155 of the Vehicle and Traffic Law of the State of New York, including any offense designated or declared to be a "traffic infraction" under Chapter
189 of the Village Code. Unless otherwise expressly and specifically provided, the provisions of this article are not intended to apply to the construction and punishment of traffic offenses, and notwithstanding any other provisions of this article, an offense which is defined as a "traffic infraction" shall not be deemed a petty offense or misdemeanor by virtue of the sentence authorized or prescribed therefor.
VIOLATION
Any petty offense, other than an infraction, for which a sentence
to a fine of not more than $250 and/or to a term of imprisonment not in excess
of 15 days is either authorized or provided as punishment for such an offense.
Nothing either within or outside of this article shall be construed
as depriving, or preventing the exercise by, any board, commission, department,
officer, employee or other duly designated agent or representative of the
village, of the power and discretion to pursue any and all legal or equitable
remedies which may prove necessary or desirable to enforce the provisions
or punish the violation of any other village enactment outside of this article,
including any one or more actions or proceedings seeking the simultaneous
imposition of any punitive sanction, any civil penalty, any forfeiture, any
injunction or any other form of relief, it being the express intention of
the Board of Trustees that all such remedies shall be deemed and construed
by the authority of this section as being cumulative in application and effect
and that, notwithstanding any general rule to the contrary, no election of
any one, or less than all, of such remedies shall be required.