[Amended 3-21-2006 by L.L. No. 9-2006; 11-6-2019 by L.L. No. 56-2019]
(A) Any person or persons, associations, corporations or entities violating
this chapter or any section or provision thereof is guilty of a an
offense, which upon conviction is punishable by a fine as indicated
below or imprisonment for a period not to exceed fifteen (15) days,
or by both fine and imprisonment, and each day, or part thereof such
violation continues shall constitute a separate offense punishable
in like manner:
(1)
First offense: not less than Two Hundred and Fifty ($250) Dollars
or more than One Thousand ($1,000) Dollars.
(2)
Second offense committed within five (5) years of the first
offense: not less than Five Hundred ($500) Dollars or more than One
Thousand Five Hundred ($1,500) Dollars.
[Amended 9-14-2021 by L.L. No. 50-2021]
(3)
Third offense committed within five (5) years of the first offense:
not less than One Thousand Five Hundred ($1,500) Dollars or more than
Five Thousand ($5,000) Dollars. Additionally, in the case of vehicle
operators, upon conviction of a third offense, the permit shall be
revoked for a minimum of one (1) year. An operator seeking a permit
after the expiration of one (1) year shall file a new application,
submit to fingerprinting and pay the requisite fees as set forth in
this chapter.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B) Any person or entity found by the Bureau of Administrative Adjudication
to have violated the provisions of this chapter shall likewise be
subject to-a monetary penalty within the range of fines authorized
in subdivision (A) for a first offense, subsequent offenses and continuing
offenses, respectively. Additionally, in the case of vehicle operators,
upon the finding by the Bureau of a third violation, the permit shall
be revoked for a minimum of one (1) year, after which the operator
shall file a new application, submit to fingerprinting and pay the
requisite fees as set forth in this chapter.
(C) In addition to any other remedy provided by law, the town attorney
may bring an action in the name of the Town in a court of competent
jurisdiction seeking an injunction to enforce this chapter.
(D) Notwithstanding any conviction, fine, imprisonment, or finding by
the Bureau of Administrative Adjudication hereunder, any license,
certificate or permit holder shall also be liable to suspension, revocation
or future disapproval of any license, certificate or permit held by
him or her in his or her own or any business or corporate name for
any offense against this chapter. The provisions contained in this
chapter regarding disapproval, suspension and revocation shall be
controlling to effectuate any disapproval, suspension or revocation
provided for herein.
The provisions of this chapter are declared
to be severable and if any section, sentence, clause or phrase of
this chapter shall for any reason be held invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand notwithstanding the invalidity of any part.