Village of Stewart Manor, NY Fines and Penalties

§ 180-35 Classification of offenses; applicable fines and penalties.

Unless otherwise declared to be a misdemeanor or felony by a provision of the Vehicle and Traffic Law or other law of the State of New York, a violation of any of the provisions of this chapter or of any order, rule or regulation adopted or enacted pursuant either to this chapter or said Vehicle and Traffic Law shall constitute an infraction.

Every person convicted of any violation or offense under this chapter declared to be a misdemeanor or felony by a provision of the Vehicle and Traffic Law or other state law or statute shall, for each conviction thereof, be guilty of a crime and shall, in each such event, be punished in the same manner and to the same extent as prescribed in or by such law or statute.

Every person convicted of any violation or offense declared to be an infraction by or under the provisions of this section shall, for each conviction thereof, be guilty of a petty offense and shall, in each such event, be punished in the manner and to the extent prescribed or authorized in or by the provisions of this article.

§ 180-36 Fines and penalties for traffic infractions.

The Board of Trustees, by resolution and order, may from time to time either prescribe or amend a different, fixed fine, not to exceed $250, for each or any of the various separate violations declared to be infractions under the provisions of this chapter. Immediately upon the adoption of any such resolution and order (unless otherwise prescribed by the provisions thereof), every offense specified therein shall be deemed a designated offense, and every respective fine specified therein shall be deemed a scheduled fine. Said schedule shall be on file in the Village office and is made a part of this chapter by reference.

Subject to the provisions of Subsection D of this section, every person convicted of an infraction for an offense designated and described under this chapter shall, for each such conviction, be punished by the imposition of the specific fine that is fixed and prescribed for that offense. The schedule of fines shall be maintained in the Village office.

Every person convicted of an infraction for any offense under the provisions of this chapter shall, for a first conviction thereof, be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

Notwithstanding the provisions of Subsection A of this section, where a person charged with one or more infractions under this chapter shall have failed to answer such charge or charges by the specified return date, which is within 15 days of issuance of such charge, the court shall fix and determine the amount of fine for each such offense solely in accordance with the provisions of Subsection C of this section. When carrying out the foregoing procedure, the court shall also add to the total of such fine(s) the amount of any applicable mandatory surcharge and late-payment penalty, if any, as separately prescribed under this chapter, and the aggregate sum of all such fines, surcharges and late-payment penalties shall be set forth and included in the final judgment on default rendered by the court.

No license or permit will be granted to any applicant with outstanding unpaid violations until such violations are paid.

§ 180-37 Mandatory late-payment penalty and surcharge.

All summonses and appearance tickets are returnable no later than 15 days from the date of issuance. Each day that a person fails to answer the summons beyond the original return date shall be deemed a separate and distinct offense, and each such offense shall be subject to a maximum fine of $250. Whenever any person charged with an infraction under the provisions of this chapter shall fail to answer the summons or appearance ticket issued in connection with such offense on or before the original return date set forth and indicated upon the face of such instrument, then, upon the conviction of that person for the original offense, there shall be levied against and collected from such person, in addition to any fine or other sentence required or permitted by law, a late-payment penalty in an amount to be determined by the Board of Trustees. The Board shall have the right to change this amount by resolution. The amount of such penalty and a copy of any Board resolution prescribing the same shall be on file in the Village Office.

In the event that the failure to answer any summons or appearance ticket described under the preceding subsection shall continue for any period of 30 days or more following the original return date specified in such instrument, there shall be levied, in addition to any fine or other sentence required or permitted by law and in addition to the late-payment penalty prescribed under the preceding subsection, an additional mandatory late-payment penalty for each additional and successive thirty-day period (or portion thereof) of neglected payment following the initial thirty-day period, up to a maximum total of three consecutive thirty-day periods. The Board shall have the right to change this amount by resolution. The amount of such penalty and a copy of any Board resolution prescribing the same shall be on file in the Village Office.

Both the mandatory late-payment penalty provided for under Subsection A of this section, and the mandatory additional late-payment penalty provided for under Subsection B of this section, if either or both are applicable, shall be paid to the Clerk to the Village Justice or his/her designated representative. For the purposes of this subsection, in determining the amount of mandatory late-payment penalty and additional late-payment penalty to be applied and collected, the date upon which either a judgment of conviction has been rendered by the court or a plea of guilty has been voluntarily entered by the defendant, as the case may be, shall be deemed and construed as the date of conviction, provided that on or before such date, the total amount of all applicable fines is or has been paid in full.

If, pursuant to processing under the computer scofflaw program administered by the Department of Motor Vehicles of the State of New York, any summons or appearance ticket issued for an offense under the provisions of this chapter shall result in a bar to renewal of registration of a vehicle owned by the person charged in such instrument, such person shall be liable to a separate, additional, administrative fine, to be determined by a resolution of the Board of Trustees, which such fine shall be levied and collected by the Clerk to the Village Justice prior to the issuance of any instrument or other document on behalf of the court, which has the legal effect of releasing such bar to registration renewal. This administrative fine shall be in addition to any fine or surcharge imposed by the State of New York for the releasing of such bar to registration renewal.

§ 180-38 Imposition of fines for common infractions and infractions of local and state traffic laws.

Applicable fines and penalties shall be established and amended from time to time by resolution of the Board of Trustees and shall be on file in the Village Office.

Fines and penalties shall be imposed for the following common infractions, any infractions listed in the schedules in Article VII of this chapter, and any infractions as listed in the Vehicle and Traffic Law of the State of New York.

(1)

Common infractions:

(a)

Parking prohibited.

(b)

Parking, stopping, standing violations.

(c)

Parking over time limit.

(d)

Expired meters.

(e)

Angle parking.