Town of Huntington, NY Penalties and Miscellaneous Provisions

[Amended 1-14-2015 by L.L. No. 6-2015; 11-6-2019 by L.L. No. 56-2019]

Any person or persons, associations, corporations or entities violating this chapter or any section or provision thereof is guilty of 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's continued violation shall constitute a separate offense:

(1)

First offense: not less than Three Hundred Fifty ($350) Dollars and not more than One Thousand Five Hundred ($1,500) Dollars.

(2)

Second offense committed within five (5) years of the first offense: not less than Six Hundred Fifty ($650) Dollars and not more than Three Thousand ($3,000) 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 Two Hundred Fifty ($1,250) Dollars and not more than Five Thousand ($5,000) Dollars, and additionally, in the case of vehicle operators, revocation of permit for a minimum of one (1) year, after which, reinstatement shall be based on a complete new application process, including fingerprints.

[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 complete new application, submit to fingerprinting and pay the requisite fees as set forth in this chapter.

(C)

In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.

(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 of permit held by them in their 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.