LL #05-2004NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
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Town
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Local Law No. ��� ------ -----------------------------
of the year 20
A local law-gntitlgd_ "Local_Law_No,__��5. 4i__t�]g_Yeti__2OQ_4,__Aaensting.__Chapt_ex--122
(Insert Title)
_of__Wapp�,nggx_ GQde-_-to _amens._ --the-
Qf__the _Town
to include a schedule of fines__for _yiolatons_of_the_ Town_Code"___
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Be it enacted by the --- Town__$nar_d--------------------------------------------------------------------- of the
(Nome ofLegislative Body)
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as follows:
Town 04 of ----�taPVix---------------------------------------------------------
_____________
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
�1)
DOS ?39 (Rev. 11199)
LOCAL LAW NO. 465 OF THE YEAR 2004
A Local Law entitled "Local Law No. #9 of the Year 2004, Amending Chapter 122 of the
Town of Wappinger Code to amend the title of Chapter 122 and to include a schedule of fines for
violations of the Town Code".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No. 465 of
the Year 2004, Amending Chapter 122 of the Town of Wappinger Code to amend the title of
Chapter 122 and to include a schedule of fines for violations of the Town Code" and by the
adoption thereof, shall amend Chapter 122 to amend the title of Chapter 122 from "Fees" to
"Fees and Fines", to include a new Article, Article V, which shall include a Schedule of Fines
charged by the Town for: violations of various sections of the Town Code, and which shall also
amend various sections of the Town Code, and which shall also increase and/or modify some of
the fines imposed by the Town.
Section 11: Legislative Intent:
The Town Board has determined that it is in the',best interest of the Town and its
residents to clearly and concisely enumerate the fines charged by the Town for violations of
various sections of the Town Code. The Town Board has further determined that some of the
fines imposed by the` town should be raised in order to deter violations of the Town Code, and to
help protect the health, safety and welfare of Town residents. Accordingly, it is the
determination of the Town Board that Chapter122 of the Town of Wappinger Code should be
amended to alter the title of the Chapter from "Fees", to "Fees and Fines", to include a new
Article, known as "Article V", "Schedule of Fines", to enumerate, and, in some instances.
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increase the fines charged by the Town for violations of various sections of the Town Code. It is
the further determination of the Town Board that other sections of the Town Code which reference
fines for various violations of the Code should be amended to make reference to the new article
(Article V) of Chapter 122 of the Code.
Section III:
The Town of Wappinger Code, Chapter122 ("Fees") is hereby amended by changing the
title of the Chapter from "Fees" to "Fees and Fines" and by adding the following Article, "Article
V", "Schedule of Fines", which shall appear in Chapter 122 of the Town of Wappinger Code
following Article IV of Chapter 122 as follows:
Article V
Schedule of Fines
§122-18. Purpose. This article proposes to provide a consolidated schedule of fines to be charged
by the Town of Wappinger in the enforcement of town laws, ordinances, regulations and local law
and to pen -nit periodic review and modification of such fines by the Town Board by local law
adopted in accordance with this chapter.
§122-19. Applicability. The fines set forth in this article shall apply to the provisions of all local
laws, ordinances, regulations and resolutions adopted by the Town of Wappinger and shall
supersede any specific fine contained or referred to in such laws, ordinances, regulations or
resolutions which have been adopted prior to the date of this article. References to section numbers
(denoted by the "§" symbol) within section 122-20 of this article refer -to sections of the Code of the
Town of Wappinger from which the particular fine in question is derived. If no section number is
indicated for a particular fee, that fine was enacted at the time of adoption of this article by local
law.
§122-20. Fine Schedule. The fine schedule shall be as follows:
A. Chapter 1. General Provisions.
(1) §1-10. Fine:
Mandatory: $250.00
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B. Chapter 24. Fire Prevention Bureau.
(1) §24-5.A. Fine:
Minimum:
$100.00
Maximum:
$500.00
Plus Civil Penalty: Maximum:
$250.00
C. Chapter 64. Alcoholic Beverages.
(1) §64-6. Fine:
See New York State Penal Law §80.05(4)
D. Chapter 68. Animals.
(1) §68-12. Fine:
Minimum:
$50.00
Maximum:
$250.00
Plus civil penalties:
1St offense: Minimum:
$100.00
Maximum:
$300.00
2nd and subsequent offense:
Minimum:
$200.00
-. ---- - -- -
Maximum:
$600 -OG
E. Chapter 69. Removal of Canine Waste.
(1) §69-6. Fine:
1St offense: Mandatory:
$25.00
2nd offense:
3`d and subsequent offense:
Mandatory:
$100.00
F. Chapter 71. Assemblies, Mass Public.
(1) §71-10. Fine:
Minimum:
$100.00
Maximum:
$1000.00
Plus civil penalty: Mandatory:
$100.00
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G. Chapter 80. Blasting.
(1) §80-10. Fine:
Minimum:
Maximum:
H. Chapter 89. Buildings, Numbering of.
(1) §89-4. Fine:
Maximum:
I. Chapter 93. Unsafe Buildings.
(1) §93-13. Fine:
Minimum:
Maximum:
J. Chapter 101. Condominiums.
(1); §101-5. Fine:
Maximum:
K. Chapter 114. Electrical Standards.
(1) § 114-7. Fine:
Minimnim
Maximum:
L. Chapter 126. Firearms.
(1) § 126-3. Fine:
1St offense:
$500.00
$1000.00
$250.00
$100.00
$500.00
$250.00
e�nn no
yr avv. a -.S
$500.00
Mandatory $250.00
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2nd and subsequent offense: Minimum $250.00
Maximum $1000.00
M. Chapter 127. Fires.
(1) § 127-9. Fine:
1st offense: Maximum: $250.00
2nd offense: Minimum: $350.00
Maximum: $700.00
3rd and subsequent offense: Minimum: $700.00
Maximum: $1000.00
N. Chapter 133. Flood Damage Prevention.
(1) § 133-8. Fine:
Minimum: $100.00
Maximum: $250.00
O. Chapter 137. Freshwater Wetlands.
(1) §137-15. Fine:
1st offense: Minimum: $500.00
- Maximum: $1000.00
2nd and subsequent offense: Minimum: $1000.00
Maximum: $2000.00
P. Chapter 141. Games of Chance.
(1) § 141-4. Fine:
i
- I
Maximum: $250.00 I
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Q. Chapter 143. Garage and Yard Sales.
(1) §143-10. Fine:
1St offense: Maximum: $100.00
2nd and subsequent offense: Maximum: $250.00
R. Chapter 145. Go Carts.
(1) § 145-6. Fine:
Mandatory: $100.00
Plus civil penalty: Minimum: $250.00
Maximum: $500.00
S. Chapter 153. Junkyards.
(1) §153-10. Fine:
Minimum: $250.00
Maximum: $500.00
Plus civil penalty:
Minimum: $250.00
Maximum: $500.00
T. Chapter 166. Noise
(1) § 166-3. Fine:
Minimum: T1n0_n0
Maximum: $250.00
U. Chapter 171. Parks and Recreation.
(1) § 171-6. Fine:
Maximum: $250.00
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V. Chapter 175. Peddling and Solicitation.
(1) §175-14. Fine:
1St offense: Mandatory: $100.00
2"d offense: Mandatory: $200.00
3rd and subsequent offense: Mandatory: $250.00
W. Chapter 180. Property, Municipal.
(1) § 180-3. Fine:
Mandatory: $250.00
X. Chapter 192. Service Pipes, Sewer and Water.
(1) §192-4. Fine:
Mandatory: $250.00
Y. Chapter 196. Sewers.
(1) § 196-22. Fine:
Mandatory:
Z. Chapter 200. Signs.
(1) §200-2. Fine:
Mandatory:
AA. Chapter 206: Soil Erosion and Sediment Control.
(1) §206-16. Fine:
Minimum:
Maximum:
$1000.00 per day
$250.00
$ 50.00
$250.00
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BB. Chapter 210. Solid Waste.
(1) §210-5. Fine:
Minimum: $250.00
Maximum: $500.00
(2) §210-10. Fine:
Minimum: $250.00
Maximum: $500.00
(3) §210-15. Fine:
Minimum: $250.00
Maximum: $500.00
CC. Chapter 214. Streets and Sidewalks.
(1) §214-16. Fine:
Maximum: $250.00
Plus civil penalty: Mandatory: $100.00
(2) §214-24. Fine: -
Maximum: _ -- - --_-- __--$250.00
(3) §214-35. Fine:
1" offense: Mandatory: $250.00
Plus civil penalty: Mandatory, $250.00
god and subsequent offense: Mandatory: $500.00
Plus civil penalty: Mandatory: $500.00
(4) Drainage Violation. Fine:
Minimum: $100.00
Maximum: $250.00
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DD. Chapter 225. Timber Harvesting.
(1) §225-6. Fine:
Minimum: $250.00
Maximum: $500.00
EE. Chapter 230. Vehicle and Traffic.
(1) §230-31. Fine:
1St offense: Minimum: $50.00
Maximum: $100.00
2nd offense: Minimum: $100.00
Maximum: $200.00
3rd and subsequent offense: Minimum: $150.00
Maximum: $300.00
(2) §230-34. Fine:
1St offense:
Minimum:
$50.00
Maximum:
$100.00
2nd offense:
Minimum:
$100.00
Maximum:
$200.00
3rd_and subsequent offense:
Minimum: $150.00
Maximum: $300.00
FF. Chapter 234. Water.
(1) §234-15. Fine:
Minimum:
$250.00
Maximum:
$1000.00
(2) §234-54. Fine:
Minimum:
$250.00
Maximum:
$1000.00
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GG. Chapter 240. Zoning.
(1) §240-106.C. Fine:
lst offense: Minimum:
Maximum:
2nd offense: Minimum
Maximum:
3rd and subsequent offense:
$50.00
$350.00
$350.00
$700.00
Minimum: $700.00
Maximum: $1000.00
§122-21. Periodic Review. The Town Board may periodically review the fee schedule set forth
in this article and may, by local law, after public hearing for which notice shall be given 10 days
prior, amend the fees set forth herein.
Section IV: Amendments to the Code.
The following provisions of the Code are also amended:
Section 1-10 entitled "Penalties for tampering with Code", is hereby amended to read
as follows:
"Any person who, without authorization from the Town Clerk, changes or amends, by
additions or deletions, any_part_or portion of the Code of the Town of Wappinger or
who alters or tampers with such Code in any manner whatsoever which will cause the
legislation of the Town of Wappinger to be misrepresented thereby or who violates
any other provision of -this -local law shall be guilty of an offense and shall, upon
conviction thereof, be subject to a fine in the amount set forth in Chapter 122, Article
V, Section 122-20.A of the Code or imprisonment for a term of not more than 15
days, or both."
2. Section 24-5.A is hereby amended to read as follows:
"Failure to comply with any provision of the New York State Uniform Fire
Prevention and Building Code, this chapter, rules or regulations adopted pursuant to
this chapter or a violation order shall be deemed a violation, and the violator shall be
liable for a fine in the amount set forth in Chapter 122, Article V, Section 122-20.B of
the Code or imprisonment not to exceed 15 days, or both, and each day such violation
continues shall constitute a separate violation. Any person found to be in violation
shall also be subject to civil penalties in the amount set forth in Chapter 122, Article
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V, Section 122-20.B of the Code per day for each day any violation continues, and
each day shall constitute a separate violation."
I Section 68-12.A is hereby amended to read as follows:
"Any person convicted of a violation of this article and/or § 119 of the Agriculture and
Markets Law shall be deemed to have committed a violation and shall be subject to a
fine in the amount set forth in Chapter 122, Article V, Section 122-20.1) of the Code
or imprisonment for a period not to exceed 15 days."
4. Section 68-12.B is hereby amended to read as follows:
"Every person violating any provisions of this article shall also be subject to a civil
penalty in the amount set forth in Chapter 122, Article V, Section 122-20.1) of the
Code."
5. Section 69-6 entitled "Penalties for offenses" is hereby amended to read as follows:
"A conviction of a violation of this chapter shall constitute a violation punishable by a
fine or civil penalty in the amount set forth in Chapter 122, Article V, Section 122-
20.E of the Code."
6. Section 71-10.B is hereby amended to read as follows:
"For each violation of a provision of this chapter the person violating the same shall
be guilty of a violation and shall be subject to a fine in the amount set forth in. Chapter
122, Article V, Section 122-20.F of the Code or imprisonment not to exceed one year
or both such fine and imprisonment; provided, however, that fines for corporations
shall be those specified in Penal Law §80.10, for which a term of imprisonment in
excess of three months is authorized, or, in the alterative, any higher amount not
exceeding double the amount of the corporation's gain from the commission of the
offense."
7. Section 71-10.0 is hereby amended to read as follows:
"°y ;' per�N:: violie
ating this chapter s hall subject to a civil �' - . -_�
collanu
ectible by the town in the amount set forth in Chapter 122,Article V, Section 122-
201 of the Code for each offense."
8. Section 80-10 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person violating any of the provisions of this chapter, or failing to comply
therewith, shall be guilty of a violation and, upon conviction, shall be punished by
imprisonment for a term of not more than one year or by a fine in the amount set forth
in Chapter 122, Article V, Section 122-20.G of the Code, or both such fine and
imprisonment. Each violation of any provision of this chapter shall be a separate and
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distinct offense, and, in case of continuing violation, each day such violation shall be
permitted to exist shall constitute a separate offense."
9. Section 89-4 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person who fails to erect the building number as heretofore required in a proper
location within the time periods prescribed, or who allows the number to be removed
without replacing the same, within five days after notification of violation, shall be
deemed in violation of this chapter. A violation of this chapter shall be a violation
and the property owner or tenant shall be subject to a fine in the amount set forth in
Chapter 122, Article V, Section 122-20.14 of the Code or by imprisonment for not
more than 15 days, or both such fine and imprisonment."
10. Section 93-13 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person, firm or corporation who shall violate any of the provisions of this
chapter or any rule or regulation made pursuant thereto shall be guilty of a violation
and shall be punished by a fine in the amount set forth in Chapter 122, Article V,
Section 122-20.I of the Code or imprisonment for not more than 15 days, or both."
11. Section 101-5 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any condominium association which fails to register as required herein shall be
.guilty of a violation and may be fined a sum in the amount set forth in Chapter 122,
Article V, Section 122-20.J of the Code per violation. Each week that the alleged
failure to register shall be found to have occurred shall be deemed a separate and
distinct offense."
12.. Section -U-4-7 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.K of the Code or imprisonment for not more than 15 days,
or both. Each day on which such violation continues shall constitute a separate
offense."
13. Section 126-3 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person found guilty of a first offense of this chapter shall be deemed guilty of a
violation and shall be fined a sum in the amount set forth in Chapter 122, Article V,
Section 122-20.L of the Code or be imprisoned for a period not exceeding 15 days, or
both, and any person found guilty of a second or subsequent infraction of this Chapter
shall be guilty of an unclassified misdemeanor and shall be subject to imprisonment
not exceeding one year or a fine in the amount set forth in Chapter 122, Article V,
Section 122-20.L of the Code, or both."
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14. Section 127-9 entitled "Penalties for offenses'' is hereby amended to read as follows:
"A first violation of this chapter shall be an offense, punishable by a fine in the
amount set forth in Chapter 122, Article V, Section 122-20.M of the Code, or
imprisonment for a period not to exceed 10 days, or both. A second or subsequent
offense of any provision of this chapter within five years of the first offense shall be
punishable by a fine in the amount set forth in Chapter 122, Article V, Section 122-
20.M of the Code or imprisonment for a period not to exceed 6 months, or both. In
addition to these penalties, the Town authorities shall have such other remedies as are
provided by law to restrain, correct or abate any violation of this chapter."
15. Section 133-8 entitled "Penalties for offenses" is hereby amended to read as follows:
"No structure in an area of special flood hazard shall hereafter be constructed,
located, extended, converted or altered and no land shall be excavated or filled
without full compliance with the terms of this chapter and any other applicable
regulations. Any infraction of the provisions of this chapter by failure to comply with
any of its requirements, including infractions of conditions and safeguards established
in connection with conditions of the permit, shall constitute a violation. Any person
who violates this chapter or fails to comply with any of its requirements shall, upon
conviction thereof, be fined in the amount set forth in Chapter 122, Article V, Section
122-20.N of the Code or imprisoned for not more than 15 days, or both. Each day of
noncompliance shall be considered a separate offense. Nothing herein contained shall
prevent the Town of Wappinger from taking such other lawful action as necessary to
prevent or remedy an infraction. Any structure found not compliant with the
requirements of this chapter for which the developer and/or owner has not applied for
and received an approved variance under §§133-19 and 133-20 will be declared
noncompliant and notification sent to the Federal Emergency Management -Agency."
16. Section 137-15.B is hereby amended to read as follows:
"Criminal sanctions. Any person who violates an order, permit or rule or regulation
of the agency regulating freshwater wetlands and adjacent areas pursuant to this
chapter shall be guilty of a violation and shall, for the first offense be punishable by a
fine it the amount set forth in Chapter 122, Article V, S_2U 0 of the Code.
For a second and each subsequent offense, he or she shall be guilty of a violation and
shall be punishable by a fine in the amount set forth in Chapter 122, Article V,
Section 122-20.0 of the Code or a term of imprisonment of not less than 15 days nor
more than 6 months, or both. Instead of these punishments, any offender may be
punished by being ordered by the court to restore the affected freshwater wetland to
its condition prior to the offense, insofar as that is possible. The court shall specify a
reasonable time for the completion of such restoration, which shall be effected under
the supervision of the agency. Each offense shall be a separate and distinct offense,
and, in the case of a continuing offense, each day's continuance thereof shall be
deemed a separate and distinct offense."
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17. Section 141-4 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this Chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.P of the Code or imprisonment for not more than 15 days,
or both."
18. Section 143-10.B is hereby amended to read as follows:
"Any person who or which violates any provision of this chapter or any lawful order
made pursuant to this chapter shall be subject to the payment of a fine. Such persons
shall include, but not be limited to, the person(s) who applied for the garage sale
permit, the owner and occupant of the premises specified on the garage sale permit
application form, and all persons participating in and all premises used for the garage
sale. The amount of said fine shall be as set forth in Chapter 122, Article V, Section
122-20.Q of the Code. Each day that the violation continues shall constitute a
separate and distinct violation."
19. Section 145-6.B is hereby amended to read as follows:
"For every violation of any provision of this chapter, the person violating the same
shall be subject to a fine in the amount set forth in Chapter 122, Article V, Section
122-20.R of the Code or imprisonment not exceeding 30 days, or to both such fine
and imprisonment."
20. Section 145-6.0 is hereby amended to read as follows:
"Any person violating this chapter shall be subject to a civil penalty enforceable and
collectible by the town in the amount set forth in Chapter 122, Article V, Section 122-
- - — - 20.R of the Code for each such offense." - - -
21. Section 153-10 entitled "Penalties for offenses" is hereby amended to read as follows
4.„.7 r^erson , fi=:,� or corporation who or WIli-Ch rail violate any of the provisions of
this article or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.S of the Code or imprisonment for not more than 15 days,
or both. In addition thereto, the Town Board, in its discretion, after due notice and
opportunity for a hearing, may terminate any license previously issued to any
Junkyard licensee found guilty of three offenses within 18 months.”
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22. Section 166-3 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.T of the Code or imprisonment for not more than 15 days,
or both. Each day's violation shall constitute a separate offense."
23. Section 171-6 entitled "Penalties for offenses" is hereby amended to read as follows
"Any person, firm or corporation who or which shall violate any of the provisions of
this chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.0 of the Code or imprisonment for not more than 15 days,
or both."
24. Section 175-14 entitled "Penalties for offenses" is hereby amended to read as
follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall, for a first or second offense, be punished by a fine in the amount
set forth in Chapter 122, Article V, Section 122-20.V of the Code. For a third offense
or more, the violator shall be punished by a fine in the amount set forth in Chapter
122, Article V, Section 122-20.V of the Code or imprisonment for not more than 15
days, or both. Each day on which such violation. continues shall constitute a separate
offense."
25. Section 180-3 entitled "Penalties for offenses" is hereby -amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this article or any rule or regulation made pursuant thereto -shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.W of the Code or imprisonment for not more than 15 days,
or both."
26. Section 192-4 entitled "Penalties for offenses" is hereby amended to read as follows
"Any person, firm or corporation who or which shall violate any of the provisions of
this chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.X of the Code or imprisonment for not more than 15 days,
or both."
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27. Section 196-22.B is hereby amended to read as follows:
"Any person who shall continue any violation beyond the time limit provided for in
subsection A shall be guilty of a violation and, on conviction thereof, shall be fined in
the amount set forth in Chapter 122, Article V, Section 122-20.Y of the Code per day
for each violation. Fees will continue to be levied until the violation has been
corrected to the satisfaction of the Superintendent and/or other authorized personnel
as cited in §196-21A."
28. Section 200-2 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-202 of the Code or imprisonment for not more than 15 days,
or both."
29. Section 206-16 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person, firm or corporation who or which violates, neglects, omits or refuses to
comply with any provision of this chapter or any permit or exception granted
hereunder or any lawful requirement of the Zoning Administrator shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.AA of the Code or imprisonment for not more than 15
days, or both. To promote compliance with the provisions of the chapter, each day
that a violation continues, following notification, shall be deemed a separate offense.
The imposition of any fine shall not exempt the offender from further compliance
with the provisions of the chapter."
30. Section 210-5.A is hereby amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this article or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.BB(1) of the Code or imprisonment for not more than 15
days, or both. Each such deposit of waste matelia_l nn lands within the Town of
w appinger not established as a public dump, dumping grounds, refuse disposal area
or landfill site shall constitute a separate violation of this article. Each day such lands
are so used as a dump, dumping ground, refuse disposal area or landfill site shall
constitute a separate violation. Each separate violation shall punishable as herein set
forth."
31. Section 210-10.A is hereby amended to read as follows:
"Violation. Any person, firm or corporation who or which commits, causes or permits
any acts in violation of any of the provisions of this article or any rule or regulation
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February 18, 2004
made pursuant thereto shall be guilty of a violation and shall be punished by a fine in
the amount set forth in Chapter 122, Article V, Section 122-20.BB(2) of the Code or
imprisonment for not more than 15 days, or both."
32. Section 210-15 entitled "Penalties for offenses" is hereby amended to read as
follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this article or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.BB(3) of the Code or imprisonment for not more than 15
days, or both. Each day of continued violation of this article, after written notice
thereof, shall constitute a separate additional violation. In addition, the town may
also institute an action or proceeding, including an injunction, to compel compliance
with or prevent violations of this article."
33. Section 214-16.A is hereby amended to read as follows:
"Any person who shall violate any of the provisions of this article or any rule or
regulation made pursuant thereto or fail to comply with any condition imposed by the
permit or fail to comply with any lawful order of the Superintendent or to discharge
any duty imposed by this article shall be guilty of a violation and shall be punished by
a fine in the amount set forth in Chapter 122, Article V, Section 122-20.CC(1) of the
Code or imprisonment for not more than 15 days, or both. Each day any such
violation shall continue shall constitute a separate and distinct offense."
34. Section 214-16.B is hereby amended to read as follows:
"Any person violating this article shall _besubject_to a civil penalty enforceable and
collectible by the town in the amount set forth in Chapter 122, Article V, Section 122-
20.CC(1) of the Code for each such offense. Such penalty shall be collectible by and
in the name of the town for each day that -such violation shall continue."
35. Section 214-24 entitled "Penalties for offenses" is hereby amended to read as
follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this article or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.CC(2) of the Code or imprisonment for not more than 15
days, or both. Each day on which such violation continues shall constitute a separate
offense."
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February 18, 2004
36. Section 214-35 entitled "Penalties for offenses" is hereby amended to read as
follows:
"Any developer who or which shall violate any of the provisions of this article or any
rule or regulation made pursuant thereto shall be guilty of a violation and shall be
punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-
20.CC(3) of the Code or imprisonment for not more than 15 days, or both."
37. Section 225-6.E is hereby amended to read as follows:
"The Town Justice may, after a hearing at which the testimony and witnesses of the
enforcement officer and the violator shall be heard, fine the violator in the amount set
forth in Chapter 122, Article V, Section 122-20.DD of the Code per violation or
imprison him for a period of not more than 15 days, or both. Each continued day of
violation shall constitute a separate violation."
38. Section 230-31 entitled "Penalties for offenses" is hereby amended to read as
follows:
"A person operating any vehicle in violation of the article herein described, or the
owner or operator of any vehicle which is otherwise in violation of this article, shall
be subject to punishment by a fine in the amount set forth in Chapter 122, Article V,
Section 122-20.EE(1) of the Code or by imprisonment for not more than 15 days, or
by both such fine and imprisonment; for a conviction of a second violation, both of
which were committed within a period of 18 months, such person shall be punished
by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.EE(1) of
the Code or by imprisonmenf for not more than 45 days, or by both such fine and
imprisonment; upon a conviction of a third or subsequent violation, all of which were
committed within a period of 18 months, such person shall be punished by a fine in
the amount set forth in Chapter 122, Article V, Section 122-20.EE(1) of the Code or
by imprisonment for not more than 90 days, or by both such fine and imprisonment."
39. Section 230-34 entitled "Penalties for offenses" is hereby amended to read as
follows:
"Every person convicted of a traffic infraction for a violation of arty provision of this
chapter which is not a violation of any provision of the New York State Vehicle and
Traffic Law shall, for a first conviction, be subject to punishment by a fine in the
amount set forth in Chapter 122, Article V, Section 122-20.EE(2) of the Code or by
imprisonment for not more than 15 days, or by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within a period of 18
months, such person shall be punished by a fine in the amount set forth in Chapter
122, Article V, Section 122-20.EE(2) of the Code or by imprisonment for not more
than 45 days, or by both such fine and imprisonment; upon a conviction of a third or
subsequent violation, all of which were committed within a period of 18 months, such
person shall be punished by a fine in the amount set forth in Chapter 122, Article V,
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February 18. 2004
Section 122-20.EE(2) of the Code or by imprisonment for not more than 90 days, or
by both such fine and imprisonment."
40. Section 234-15 entitled "Penalties for offenses" is hereby amended to read as follows:
"Any person found to be violating any provisions of this article or failing to observe
the provisions thereof may be prosecuted for such conduct and, upon such conviction,
shall be guilty of a violation as defined by Penal Law §55.10, Subdivision 3. Any
person so convicted may be fined in the amount set forth in Chapter 122, Article V,
Section 122-20.FF(1) of the Code for each violation or be subject to imprisonment
for a term not to exceed 15 days, or both. Each day in which any violation of this
article shall continue shall be deemed a separate violation. In addition, or in the
alternative to other remedies including the foregoing, the Town Board or any town
officer designated by the Town Board may institute any appropriate action or
proceeding to restrain, correct or abate any violation of this article or to compel
compliance with said article."
41. Section 234-54 entitled "Penalties for offenses; additional remedies" is hereby
amended to read as follows:
"Any person, firm or corporation who or which shall violate any of the provisions of
this article or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punished by a fine in the amount set forth in Chapter 122,
Article V, Section 122-20.FF(2) of the Code or imprisonment for not more than 15
days, or both. Each'day on which such violation continues shall constitute a separate
offense. The proper.. local authorities of the town, in addition to other remedies, may
institute any appropate action or proceeding to prevent unlawful violation of this
article and to restrain, correct or abate such violation or to prevent any illegal action,
conduct or use in or about the water improvement areas or districts,. the expense of_
which shall be a water charge. In addition to the foregoing, any person who has made
an unauthorized tap or connection to any water line of any district or area shall be
liable for the use of such -water at a rate four times the minimum rate for such district
and shall be further liable for all expenses, including labor, engineering, legal and
otherwise associated with the misuse of said water district or area, which shall
constitute a water charge."
42. Section 240-106.C(l.) is hereby amended to read as follows:
"A violation of this chapter is hereby declared to be an offense, punishable by a fine
in the amount set forth in Chapter 122, Article V, Section 122-20.GG of the Code for
conviction of a first offense; for conviction of a second offense, both of which were
committed within a five-year period, punishable by a fine in the amount set forth in
Chapter 122, Article V, Section 122-20.GG of the Code or imprisonment for a period
not to exceed 10 days, or both; and upon conviction of a third or subsequent offense,
all of which were committed within a five-year period, punishable by a fine in the
amount set forth in Chapter 122, Article V, Section 122-20.GG of the Code or
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February 18, 2004
imprisonment for a period not to exceed six months, or both. The fines set forth in
Chapter 122, Article V, Section 122-20.GG of the Code regarding first violations of
this chapter are meant to supercede the fines set forth in Town Law section 268(1)
regarding first violations. Specifically, in superceding the Town Law section 268(1)
regarding fines for first offenses of this chapter, it is the intent of the Town Board of
the Town of Wappinger to add a provision for a minimum fine for a first offense,
which is not provided for in Town Law section 268(1)."
Section V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
1\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc
February 18. 2004
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. -----#5-----------------
--------------------- ----- of 200.4---
of the O� )(Town)(M of-----WaRpinger--------------------------------------------- was duly passed by the
-Jgywm--$gard----------------- on - larch -22--- 20 0.4, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------
and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)'
5. (Elly local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________
ofthe City of --------------------------------------------- of ..0------
----------- - - --- having been submitted to referendum pursuant to the provisions --
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of theof
qualified electors of such city voting thereon at the (special)(general) election held on___________________
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. _______________________________
of the County of ----------------------------------------------- of 20 ------
at the General Election of November _____ State of New York, having been submitted to the electors
----------------- 20---- , pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding -local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph_____ 1 _____, above.
_/ a /%
(Seal)
Clem of t tie County 1 ve bod i�b�d
or Village erkC1
or officer designated ocai le ' �ve
GLORIA MORsk T� r_i
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorneyor--
other authorized attorney of locality.)_
STATE OF NEW YORK
COUNTY OF �rf-r-hp
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law anyexed hereto.
Albert P. Roberts — Attorney
Title
Town
of Wappinger
V- Rgir
Date: 13
61
(3)