NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, September 9, 2013, at 7:00 p.m. at 121 West Broadway, Port Jefferson, New York, by the Village Board of the Incorporated Village of Port Jefferson TO AMEND ARTICLE I OF CHAPTER 1 OF THE VILLAGE CODE TO INCREASE PENALTIES FOR OFFENSES, by proposed local law, a copy of which is on file at the Office of the Village Clerk.
At said Public Hearing any person interested will be given the opportunity to be heard.
Dated: August 23, 2013
Proposed Local Law No. ___ – 2013
AMENDING ARTICLE I OF CHAPTER 1 OF THE VILLAGE CODE TO INCREASE PENALTIES FOR OFFENSES
Be it enacted by the Village Board of the Incorporated Village of Port Jefferson:
The Code of the Incorporated Village of Port Jefferson, County of Suffolk, New York, is amended by:
AMENDING Article I of Chapter 1 of the Village Code which shall read as follows:
[New Language] [Language to be Deleted]
Article I Definitions and Penalties (§ 1-1 — § 1-32)
§ 1-1 Definitions and word usage.
A. Definitions. As used in this Code, the following terms shall have the meanings indicated:
The Board of Trustees of the Incorporated Village of Port Jefferson.
Includes a corporation, a joint association and a partnership as well as an individual, as the case may be.
The Superintendent of Public Works of the Incorporated Village of Port Jefferson.
The Incorporated Village of Port Jefferson, Town of Brookhaven, Suffolk County, New York, and the designation of any official or agency shall mean that of the Incorporated Village of Port Jefferson.
The Village Clerk of the Incorporated Village of Port Jefferson.
B. Word usage. Words in the plural include the singular, and words in the singular include the plural.
§ 1-2 Penalties for offenses.
Except where otherwise provided specifically, any person violating the provisions of any ordinance of the Village of Port Jefferson shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both, for each violation. Each day that a violation of the provisions of any ordinance occurs or continues shall constitute a separate and distinct violation thereof.
A. In this section, “violation of this Code” means:
(1) Doing an act that is prohibited or made or declared unlawful or an offense or a misdemeanor by local law.
(2) Failure to perform an act that is required to be performed by local law.
(3) Failure to perform an act if the failure is declared an offense or unlawful by local law.
B. In this section, “violation of this Code” does not include the failure of a Village
official or employee to perform any official duty unless it is expressly provided that failure to perform the duty is to be punished as provided in this section.
C. Any person, corporation or other entity convicted of a violation of this Code
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. In addition, that party, in the Court’s discretion, shall perform such additional or alternative community services as the Court may direct. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
D. The imposition of a penalty does not prevent revocation or suspension of a
license, permit or franchise.
E. Violations of this Code that are continuous with respect to time are a public
nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
F. Where more than one party is liable for a violation of this Code, such liability shall be joint and several in scope.
G. For the purpose of this section, ordinances of the Village Code, if any, shall be deemed local laws. This section shall amend and/or supersede Village Law § 20- 2006.
H. This section supersedes any other penalty section of the Village Code to the extent that said other penalty section imposes a lesser fine or condition or is otherwise in conflict with the provisions contained herein.
I. If any word, clause, sentence or subsection of this local law shall be found by any court of competent jurisdiction to be unenforceable, then said segment shall be severable from the balance of the local law, which shall remain in full force and effect.
J. Community service sentencing. Pursuant to the New York State Penal Law and
Code of Criminal Procedure, the Justice Court is hereby authorized, as, in its discretion, it deems reasonable, to substitute performance of community service for public or not-for-profit corporations, associations, institutions or agencies in lieu of monetary restitutions, fine and/or jail time, but only upon agreement and acceptance by the defendant of the terms and conditions of the service.
K. Upon consent of an owner of property which is the subject of an action before the Court, any fine imposed by the Court shall constitute a lien which may be collected in the same manner as and payable together with the real property taxes imposed by the Incorporated Village of Patchogue against said property.
§ 1-3 Community service sentencing.
A. Pursuant to the New York State Penal Law and Code of Criminal Procedure, the Justice Court is hereby authorized as in its discretion it deems reasonable to substitute performance of community service for public or not-for-profit corporations, associations, institutions or agencies in lieu of monetary restitutions, fines and/or jail time, but only upon agreement and acceptance by the defendant of the terms and conditions of the service.
B. Procedures for the implementation of this section shall be formulated by the Board of Trustees and Justice Court.
This Local Law shall take effect immediately.