[Adopted 4-11-1988 by L.L. No. 2-1988]
The provisions of this article shall govern the classification and designation
of every offense or violation as defined within the local law of the Village
of Montebello and any of its rules, regulations or resolutions hereafter adopted
or promulgated by the Village Board of the Village of Montebello, except as
may be otherwise expressly set forth.
[Amended 6-22-2005 by L.L. No. 4-2005]
The term "Code," as used throughout the laws of the Village of Montebello,
shall be deemed to include all local laws, resolutions, rules and regulations
duly passed, authorized or promulgated by the Village Board of the Village
of Montebello.
A.
Any person, firm, corporation or business entity committing
an offense against or violating any provision of the Code of the Village of
Montebello shall be subject to the penalty set forth or specified within the
law or section violated or against which the offense was committed.
(1)
Class 1 violation. A loss of privileges and the use of
the facility which the rules or regulations were designed to afford the use
of. Such loss of privileges, whether by suspension for a definite period or
revocation, shall be determined by the head of the department in charge of
such activity, and whose determination shall be reviewable pursuant to Article
78 of the Civil Practice Law and Rules; provided, nevertheless, that if other
or different procedure is required for the imposition of sentence under this
section, in any part of the law, such other method shall be employed.
(2)
Class 2 violation. A civil penalty of not less than $50
nor more than $100 for each day of violation.
[Amended 6-22-2005 by L.L. No. 4-2005]
(3)
Class 3 violation. Upon conviction, a sentence of imprisonment
not to exceed 15 days or a fine not to exceed $250 for each week of violation,
or both.
[Amended 6-22-2005 by L.L. No. 4-2005]
(4)
Class 4 violation. Upon conviction, a sentence of not
more than one year of imprisonment or a fine of not more than $1,000 for each
week of violation, or both.
[Amended 6-22-2005 by L.L. No. 4-2005]
B.
If a person, firm or corporation has been found guilty
of a Class 3 or Class 4 violation and has gained money or property through
the commission of said violations, then the Court, in lieu of any fine authorized
under this section, may sentence the defendant to pay an amount equal to twice
the amount of the defendant's gain from the commission of the offense.
C.
The imposition of any of the penalties provided for above
shall not be construed to abridge or alter any rights of the Village to seek
any other remedy, including the imposition of any civil penalty or the seeking
of any injunctive or remedial relief which may be authorized under law.
This article shall be known and may hereafter be cited as the "Schedule
of Penalties of the Village of Montebello."
This article supersedes, and is in derogation of, Chapter 248 of the
Code of the Town of Ramapo, County of Rockland, State of New York. This article
is enacted by authority of § 20, Subdivision 5, of the Municipal
Home Rule Law and any other law referenced herein as authority herefor.
