Legislation
SECTION 20-2006
Violation of ordinances
Village (VIL) CHAPTER 64, ARTICLE 20
§ 20-2006 Violation of ordinances. 1. The board of trustees of a
village may enforce obedience to its ordinances adopted prior to
September first, nineteen hundred seventy-four as follows:
a. by prescribing therefor fines for each violation thereof not to
exceed two hundred fifty dollars. b. by prescribing therefor that for
each violation thereof it shall constitute a violation pursuant to the
penal law. However, in no case shall the fine imposed exceed two
hundred fifty dollars. c. in all cases the board of trustees may
enforce obedience of its ordinances by injunction.
1-a. A violation of a zoning ordinance adopted prior to September
first, nineteen hundred seventy-four is hereby declared to be an
offense, punishable by a fine not exceeding three hundred fifty dollars
or imprisonment for a period not to exceed six months, or both for
conviction of a first offense; for conviction of a second offense 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 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 dollars nor more than one 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 such zoning ordinance 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.
2. Except as otherwise provided by subdivision two-a, upon the
adoption of a resolution by the board of trustees of a village
authorizing the village attorney or an attorney other than the one
regularly employed to prosecute a violator of a village ordinance or
local law or a person accused of committing any offense, infraction or
criminal act within the village and providing the village attorney or an
attorney other than the one regularly employed is designated as an
assistant district attorney, as provided by law, to prosecute in the
name of the people of the state of New York, the violator of a village
ordinance or local law or a person accused of committing any offense,
infraction or criminal act within the village, the board of trustees may
pay a reasonable compensation to such village attorney or an attorney
other than the one regularly employed therefor.
2-a. On the adoption of a resolution by the board of trustees of a
village within a county having a population of more than one million
inhabitants and adjacent to a city having a population of more than one
million inhabitants, authorizing a village attorney or an attorney,
other than one regularly employed, to prosecute in the village courts of
such county a violator of a village ordinance or local law, or a person
accused of committing any offense, infraction or criminal act within the
village, such attorney may prosecute in the name of the people of the
state of New York and the board of trustees may pay a reasonable
compensation to such attorney. Nothing herein shall be construed to
abrogate or otherwise limit the authority of the district attorney of
such a county to prosecute an offense cognizable by a village court
within such a county.
3. Any ordinance or local law heretofore adopted by the board of
trustees of any village which provides that any person violating such
ordinance or local law shall be a disorderly person shall continue to be
valid and any violator of such ordinance or local law may be prosecuted
pursuant to the criminal procedure law for the violation of a petty
offense and such disorderly person shall be deemed to have committed a
petty offense.
village may enforce obedience to its ordinances adopted prior to
September first, nineteen hundred seventy-four as follows:
a. by prescribing therefor fines for each violation thereof not to
exceed two hundred fifty dollars. b. by prescribing therefor that for
each violation thereof it shall constitute a violation pursuant to the
penal law. However, in no case shall the fine imposed exceed two
hundred fifty dollars. c. in all cases the board of trustees may
enforce obedience of its ordinances by injunction.
1-a. A violation of a zoning ordinance adopted prior to September
first, nineteen hundred seventy-four is hereby declared to be an
offense, punishable by a fine not exceeding three hundred fifty dollars
or imprisonment for a period not to exceed six months, or both for
conviction of a first offense; for conviction of a second offense 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 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 dollars nor more than one 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 such zoning ordinance 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.
2. Except as otherwise provided by subdivision two-a, upon the
adoption of a resolution by the board of trustees of a village
authorizing the village attorney or an attorney other than the one
regularly employed to prosecute a violator of a village ordinance or
local law or a person accused of committing any offense, infraction or
criminal act within the village and providing the village attorney or an
attorney other than the one regularly employed is designated as an
assistant district attorney, as provided by law, to prosecute in the
name of the people of the state of New York, the violator of a village
ordinance or local law or a person accused of committing any offense,
infraction or criminal act within the village, the board of trustees may
pay a reasonable compensation to such village attorney or an attorney
other than the one regularly employed therefor.
2-a. On the adoption of a resolution by the board of trustees of a
village within a county having a population of more than one million
inhabitants and adjacent to a city having a population of more than one
million inhabitants, authorizing a village attorney or an attorney,
other than one regularly employed, to prosecute in the village courts of
such county a violator of a village ordinance or local law, or a person
accused of committing any offense, infraction or criminal act within the
village, such attorney may prosecute in the name of the people of the
state of New York and the board of trustees may pay a reasonable
compensation to such attorney. Nothing herein shall be construed to
abrogate or otherwise limit the authority of the district attorney of
such a county to prosecute an offense cognizable by a village court
within such a county.
3. Any ordinance or local law heretofore adopted by the board of
trustees of any village which provides that any person violating such
ordinance or local law shall be a disorderly person shall continue to be
valid and any violator of such ordinance or local law may be prosecuted
pursuant to the criminal procedure law for the violation of a petty
offense and such disorderly person shall be deemed to have committed a
petty offense.