[Adopted 11-16-1999 by L.L. No. 4-1999[1]]
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
A.Â
This article shall be known and may be cited as the "General
Penal Sanctions Law" of the Village of New Hyde Park, or, in abbreviated form,
as the "GPSL-VNHP."
B.Â
Pursuant to the authority vested in such body by Article
22 of the Municipal Home Rule Law, it is the intention of the Board of Trustees
that the provisions of this article serve to further the following principal
purposes:
(1)Â
To generally define and classify the various acts or
omissions designated as offenses or otherwise declared to be unlawful in and
by the various local laws, ordinances, resolutions, orders, rules and regulations
of the village, whether enacted or adopted as part of or outside of the Village
Code, on the basis of the harm which the proscribed conduct either causes
or threatens to individual and/or public interests.
(2)Â
To generally prescribe uniform penalties for such offenses
proportional to the seriousness of the misconduct involved.
(3)Â
To ensure the public health, safety, peace and good order
by preventing the commission of offenses through the deterrent influence of
both the sentences prescribed and other additional and cumulative elective
remedies authorized to be applied when required in the interest of preserving
or furthering public policy and protecting the general welfare of the community
at large.
C.Â
The provisions of this article are intended to supplement
the provisions of the New York Penal Law and other laws and statutes of the
State of New York having substantive application to offenses, and, consistent
with those statutes, the provisions of this article shall govern both the
construction of, and the punishment for, local offenses, other than traffic
infractions, which are defined or classified either in this article or in
other village enactments outside of this Code and which are committed after
the effective date hereof. Unless otherwise expressly provided, the provisions
of this article shall not apply retroactively to any such offense committed
prior to the effective date of this article; in the absence of any such specific
exception, every prior offense shall be construed and punished solely in accordance
with the applicable provisions of local law and statute existing at the time
of the commission of each such offense, in the same manner and to the same
effect as if this article had not been enacted. The provisions of this article
are intended to be, and shall be so construed as, essentially substantive
in their nature and effect; accordingly, the procedures governing the investigation,
accusation, prosecution, conviction and punishment or other disposition of
offenders and offenses, and the conduct of any criminal or civil actions or
proceedings held or pursued with respect thereto, shall be those either generally
described or specifically prescribed by or under the New York State Criminal
Procedure Law and any other general or special state laws and statutes having
application to such matters.
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:
Any offense, other than a traffic infraction, punishable as a misdemeanor
of any classification.
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.
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.
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.
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.
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.
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.
An infraction or violation as such terms be defined under this section.
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.
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.
The Code of the Village of New Hyde Park, as currently enacted or
hereafter amended.
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.
A.Â
Where the violation of any other village enactment outside
of this article shall be declared or defined by the provisions thereof as
an offense comprehended under the provisions of this article, every such offense
shall be categorized, for the purposes of sentence, as either an infraction,
a violation or a misdemeanor, and every offense categorized as a misdemeanor
shall be classified as either a Class A, a Class B or an unclassified misdemeanor.
B.Â
In determining the categorization (or applicable classification)
of any particular offense, the following rules of construction shall apply:
(1)Â
No offense shall be deemed or construed to be an infraction
unless expressly designated as such an offense in the other village enactment
outside of this article declaring a violation of its provisions to be an offense,
and provided that the punishment for such offense is either expressly prescribed
therein as a sentence to a fine of not more than $150 with no provision for
a term of imprisonment, or is otherwise expressly made punishable in accordance
with the provisions of this article applicable to the punishment of infractions.
(2)Â
No offense shall be deemed or construed to be a violation
unless either expressly designated as such an offense or not designated as
any particular category or classification of offense in the other village
enactment outside of this article declaring a violation of its provisions
to be an offense, and provided, in either event, that the punishment for such
offense is either expressly prescribed therein as a sentence to a fine of
not more than $250 and/or a term of imprisonment not exceeding 15 days, or
otherwise expressly made punishable in accordance with the provisions of this
article applicable to the punishment of violations or not otherwise expressly
provided.
(3)Â
No offense shall be deemed or construed to be a misdemeanor
unless either expressly designated as such an offense in the other village
enactment outside of this article declaring a violation of its provisions
to be an offense, and provided that the punishment for such offense is either
expressly prescribed therein as a sentence to a fine and/or a term of imprisonment
in excess of 15 days but not in excess of one year, or is otherwise expressly
made punishable in accordance with the provisions of this article applicable
to the punishment of misdemeanors, or notwithstanding any other designation
specified in the other village enactment outside of this article declaring
a violation of its provisions to be an offense, such outside enactment expressly
provides that the punishment for such offense shall be, or may include, a
sentence to a term of imprisonment in excess of 15 days but not in excess
of one year. Any offense designated as a misdemeanor in any other village
enactment outside of this article, without further specification therein of
the classification thereof or of the sentence therefor, shall be deemed a
Class A misdemeanor.
A.Â
For any offense designated as an infraction in any other
village enactment outside of this article, where the provisions of that outside
enactment either do not specify the sentence therefor or expressly declare
the same to be punishable in accordance with the provisions of this article,
such infraction shall be punishable, for conviction of a first offense, by
a fine of up to $50; for conviction of a second offense, both of which offenses
were committed within a period of six months, by a fine of not less than $50
but not more than $100; and for conviction of a third or subsequent offense,
all of which offenses were committed within a period of six months, by a fine
of not less than $100 but not more than $150.
B.Â
For any offense either designated as a violation or not
otherwise designated as any particular category or classification of offense
in any other village enactment outside of this article, where the provisions
of that outside enactment either do not specify the sentence therefor or expressly
declare the same to be punishable in accordance with the provisions of this
article, such violation shall be punishable, for conviction of a first offense,
by a fine of not less than $50 but not more than $100 or by imprisonment for
up to five days, or by both such fine and such imprisonment; for conviction
of a second offense, both of which offenses were committed within a period
of 18 months, by a fine of not less than $75 but not more than $150 or by
imprisonment for up to 10 days, or by both such fine and such imprisonment;
and for conviction of a third or subsequent offense, all of which offenses
were committed within a period of 18 months, by a fine of not less than $125
but not more than $250 or by imprisonment for up to 15 days, or by both such
fine and such imprisonment.
C.Â
For any offense designated as a Class A misdemeanor,
or designated as a misdemeanor without further specification of its classification,
in any other village enactment outside of this article, where the provisions
of that outside enactment either do not specify the sentence therefor or expressly
declare the same to be punishable in accordance with the provisions of this
article, such misdemeanors shall be punishable, for conviction of a first
offense, by a fine of not less than $125 but not more than $350 or by imprisonment
for up to two months, or by both such fine and such imprisonment; for conviction
of a second offense, both of which offenses were committed within a period
of five years, by a fine of not less than $350 but not more than $700 or by
imprisonment for up to four months, or by both such fine and such imprisonment;
and for conviction of a third or subsequent offense, all of which offenses
were committed within a period of five years, by a fine of not less than $700
but not more than $1,000 or by imprisonment for up to six months, or by both
such fine and such imprisonment.
D.Â
For any offense designated as a Class B misdemeanor in
any other village enactment outside of this article, where the provisions
of that outside enactment either do not specify the sentence therefor or expressly
declare the same to be punishable in accordance with the provisions of this
article, such misdemeanor shall be punishable, for conviction of a first offense,
by a fine of not less than $100 but not more than $200 or by imprisonment
for up to one month, or by both such fine and such imprisonment; for conviction
of a second offense, both of which offenses were committed within a period
of five years, by a fine of not less than $175 but not more than $350 or by
imprisonment for up to two months, or by both such fine and such imprisonment;
and for conviction of a third or subsequent offense, all of which offenses
were committed within a period of five years, by a fine of not less than $250
but not more than $500 or by imprisonment for up to three months, or by both
such fine and such imprisonment.
E.Â
Unless otherwise expressly directed in the other village
enactment outside of this article which designates an offense against the
provisions thereof as a violation or a misdemeanor, each week's continued
offense shall constitute a separate offense punishable as an additional violation,
or an additional misdemeanor of the same classification, as the case may be.
F.Â
Alternative sentences. If a person or corporation has
gained money or property through the commission of any violation or misdemeanor,
then upon a conviction thereof and in lieu of the fine prescribed for such
offense under the applicable provisions of this article or of the other village
enactment outside of this article defining or designating such an offense,
a court of competent jurisdiction may impose the alternative fine authorized
and provided for under § 80.05, Subdivision 5, of the New York Penal
Law. Where a corporation shall be convicted of a violation or misdemeanor,
for which offense no special corporate fine is specified in the other village
enactment outside of this article defining or designating such an offense,
then in lieu of the fine prescribed therefor under such outside enactment
or under the applicable provisions of this article, the court may impose the
appropriate corporate fines authorized and provided under § 80.10
of the New York Penal Law.
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.
