[Adopted 12-21-1976 by L.L. No. 22-1976 (Ch. 1, Art. III of the 1976 Code); amended in its entirety 10-11-2005 by L.L. No.
9-2005]
A.Â
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 punishable by a fine not exceeding $1,000, imprisonment for
not more than 15 days, or both such fine and imprisonment.
B.Â
Each day that an offense shall continue shall be deemed
a separate and distinct offense.
C.Â
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.Â
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(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.
