A.
The Animal Warden or peace officer observing a violation
of any section of this chapter shall issue and serve an appearance ticket
for such violation. The appearance ticket shall be in the form prescribed
and in accordance with the provisions of the Agriculture and Markets Law and
the Criminal Procedure Law.
B.
Any person observing a violation of any section of this
chapter may personally appear at the office of the Village Clerk and report
such violation. Said person may also sign and swear to the appropriate accusatory
instrument, as required by law, before the Village Justice or Acting Village
Justice and thereby commence prosecution of the alleged violator in the Village
Justice Court. The Village Attorney shall prosecute all such cases.
[Amended 10-1-1992 by L.L. No. 7-1992]
B.
Any person who shall be convicted for violating the provisions of any section of this chapter, other than § 74-7, shall be guilty of an offense punishable as follows:
(1)
By a fine of not less than $25 nor more than $100 or
by imprisonment for a period not to exceed 15 days, or both such fine and
imprisonment, for a first offense.
(2)
Upon a conviction for violating any section of this chapter other than § 74-7, following a previous conviction for violating any section of this chapter other than § 74-7, both of which such offenses were committed within a period of five years, by a fine of not less than $100 nor more than $250 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.[1]
(3)
Upon a conviction for violating any section of this chapter other than § 74-7, following two or more previous convictions for violating any section of this chapter other than § 74-7, each of which convictions were committed within a period of five years, by a fine of not less than $250 nor more than $500 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.[2]
