[Amended 2-20-2024 by L.L. No. 3-2024]
A. Except as otherwise provided or supplemented, in whole or in part,
in this Code, and/or in the New York State Vehicle and Traffic Law,
any offense against any provision of this Code, or any other local
law or ordinance of the Village, or of any resolution, rule, regulation,
condition, or other determination or requirement of any Village board,
Village commission, or Village department, or direction or order of
the Village Building Inspector or Village Engineer, shall be for a
first conviction thereof be punished by a fine of not more than $5,000;
for a conviction of a second violation, both of which were committed
within a period of 18 months, such person shall be punished by a fine
of not more than $10,000; upon a conviction of a third or subsequent
violation, all of which were committed within a period of 24 months,
such person shall be punished by a fine of not more than $15,000.
B. Each day that an offense shall continue shall be deemed a separate
and distinct offense.
C. In addition, the Board of Trustees may maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance or to restrain by injunction any violation of the
provisions of this Code, or of the local laws or ordinances of the
Village, or of the resolutions, rules, regulations, conditions, or
other determinations or requirements of any Village board, Village
commission, or Village department, or directions or orders of the
Village Building Inspector or Village Engineer.
D. Alternative sentence. If a person has gained money or property through
the commission of any violation of this Code, then, upon conviction
thereof, the court, in lieu of imposing the fine authorized for the
offense under this Code, may sentence the defendant to pay an amount,
fixed by the court, not exceeding double the amount of the defendant's
gain from the commission of the offense, as such gain is reasonably
determined by the court. The intent of this section is, pursuant to
the authority granted to villages by Municipal Home Rule Law § 10,
Subdivision 1(ii)e(3), to supersede Subdivisions 5 and 6 of § 80.05
of the Penal Law, to the extent necessary, to define "persons" as
set forth in § 11-2 of this Code and, thereby, to include,
inter alia, corporations.
When one person engages in conduct which constitutes
a violation of this Code, another person is criminally liable for
such conduct when, acting with the mental culpability required for
the commission thereof, he or she aids in or solicits, requests, commands,
or importunes such person to engage in such conduct. This section
has been included for clarity and, in substance, is merely a paraphrased
restatement of the substance of Penal Law § 20.00, which
applies to the entire Village Code.