Every person convicted of a traffic infraction
for a violation of any provision of this chapter which is not a violation
of any provision of the Vehicle and Traffic Law of the State of New
York shall, for a first conviction thereof, be punished by a fine
of not more than $100 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment; for a second such conviction
within 18 months thereafter, such person shall be punished by a fine
of not more than $150 or by imprisonment for not more than 45 days,
or by both such fine and imprisonment; upon a third or subsequent
conviction within 18 months after the first conviction, such person
shall be punished by a fine of not more than $250 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
[Amended 1-20-2011 by L.L. No. 1-2011; 8-30-2012 by L.L. No.
6-2012]
A.
Original violation. Every person convicted of a parking violation
under any provision of this chapter which is not a violation of any
provision of the Vehicle and Traffic Law of the State of New York
shall be subject to a fine in accordance with the Schedule of Fines
and Penalties adopted by the Town Board.
B.
Failure to answer summons.
(1)
Upon the failure of a person or owner of a vehicle to appear or answer
the summons on or before the return period or any subsequent adjourned
date, late penalties shall be imposed as follows:
(a)
If the aforementioned fine shall not be paid within 15 days
from the date the summons was issued, a late penalty equal to the
original fine shall be added to the fine; and
(b)
If the fine is still not paid within 60 days from the date the
summons was issued, an additional late penalty in an amount of the
original fine shall be added to all fines and penalties previously
assessed; and
(c)
If the fine is still not paid within 90 days from the date the
summons was issued, an additional penalty of $35 shall be added to
all other fines and penalties previously assessed.
(2)
If any such person shall claim a defense to such processing fee,
then and in such event the entire case shall be returned to the Town
Court at a prescribed court calendar date for hearing and determination.
C.
Additional parking summonses. In the event that the registered owner
of any motor vehicle shall fail to pay parking fines when due so that
there are three or more unpaid and unanswered summonses for parking
violations outstanding against vehicles which were registered to such
registered owner at the time of issuance of the citations for those
vehicles, then such owner shall be deemed in violation and shall be
subject to the regular fine for a parking violation in the Town of
Southeast and, in addition, to a fine which shall not exceed:
D.
In the event that any parking citations shall not be paid within
120 days of the date of issuance as shown on said parking summons,
there shall be added to the amount then due thereon 35% thereof as
an administrative fee.
Chapter A142 of the code of the Town of Southeast and all ordinances, local laws, resolutions or regulations of this Town regulating traffic and parking and adopted prior to October 1, 1992, are hereby repealed. This repeal shall not affect or prevent the prosecution or punishment of any person for any act done or offense committed in violation of any ordinance, local law, resolution or regulation hereby repealed, which act or offense was committed prior to the time that this chapter takes effect.
