Village of New Hyde Park, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.

§ 1-24 Short title; general purposes; applicability.

A. 
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. 
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) 
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) 
To generally prescribe uniform penalties for such offenses proportional to the seriousness of the misconduct involved.
(3) 
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. 
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.

§ 1-25 Definitions.

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.
VILLAGE CODE; THIS CODE
The Code of the Village of New Hyde Park, as currently enacted or hereafter amended.
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.

§ 1-26 Categorization, classification and designation of offenses.

A. 
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. 
In determining the categorization (or applicable classification) of any particular offense, the following rules of construction shall apply:
(1) 
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) 
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) 
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.

§ 1-27 Penalties for offenses.

A. 
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. 
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. 
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. 
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. 
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. 
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.

§ 1-28 Remedies for offenses to be cumulative.

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.

§ 1-29 (Reserved)