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Assembly Bill A1139

2009-2010 Legislative Session

Increases the penalties a town board may impose for a violation of its zoning and planning laws

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Archive: Last Bill Status - In Assembly Committee

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2009-A1139 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Town Law
Laws Affected:
Amd ยง268, Town L
Versions Introduced in 2011-2012 Legislative Session:
A414

2009-A1139 (ACTIVE) - Summary

Increases the penalties a town board may impose for a violation of its zoning and planning laws.

2009-A1139 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1139

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. GUNTHER, DelMONTE, GALEF, MOLINARO, WALKER --
  Multi-Sponsored by -- M.   of A.  BRADLEY,  JOHN,  MAYERSOHN,  REILLY,
  SWEENEY  --  read  once and referred to the Committee on Local Govern-
  ments

AN ACT to amend the town law, in relation to the enforcement  and  reme-
  dies of a town board

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 268 of the town law, as amended by
chapter 458 of the laws of 1997, is amended to read as follows:
  1. The town board may provide  by  local  law  or  ordinance  for  the
enforcement  of  this  article  and of any local law, ordinance or regu-
lation made thereunder. A violation of this article  or  of  such  local
law,  ordinance  or  regulation  is  hereby  declared  to be an offense,
punishable by a fine not [exceeding three hundred  fifty  dollars]  LESS
THAN FIVE HUNDRED DOLLARS OR MORE THAN ONE THOUSAND DOLLARS or imprison-
ment  for a period not to exceed six months, or both for conviction of a
first offense; for conviction of a second offense ON THE SAME  PREMISES,
both  of  which were committed within a period of five years, punishable
by a fine not less than [three hundred fifty dollars nor more than seven
hundred] ONE THOUSAND dollars or imprisonment for a period not to exceed
six months, or both; and, upon conviction  for  a  third  or  subsequent
offense  all  of  which  were  committed  within a period of five years,
punishable by a fine  not  less  than  [seven  hundred]  THREE  THOUSAND
dollars  nor more than [one] FIVE thousand dollars or imprisonment for a
period not to exceed six months, or both. However, for  the  purpose  of
conferring  jurisdiction  upon  courts  and judicial officers generally,
violations of this article or of such local law, ordinance or regulation
shall be deemed misdemeanors and for such purpose only all provisions of
law relating to misdemeanors shall apply to such violations. Each week's
continued violation shall constitute a separate additional violation.
  S 2. This act shall take effect immediately.

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