[HISTORY: Adopted by the Town Board of the Town of Smithtown
as Ch. 51 of the 1964 Code. Amendments noted where applicable.]
In pursuance of the provisions of Subdivision 14 of § 130
of the Town Law,!BFN!Editor's Note: See now Subdivision 15 of
Town Law § 130.!EFN! to promote the public welfare, health
and prosperity of its inhabitants, the Town Board of Smithtown hereby
enacts that the waters and shores of Smithtown are declared to be
among the greatest assets of the Town and of its inhabitants.
No person or corporation shall deposit or discharge or cause
to be placed or discharged into any of the waters of the Town of Smithtown,
including Stony Brook Creek, St. James Harbor, the Nissequogue River
and its tributaries and Sunken Meadows Creek, or place on the shores
or banks of said waters any of the hereafter named substances or any
other substance which may render said waters unfit or undesirable
for bathing, boating, fishing or other recreational purposes or which
may be deposited upon the public beaches or shores of the Town parks
or upon the flats or beds containing clams, oysters, mussels or other
shellfish or which may be carried by high tides or floods into wells
or springs along the banks of said waters.
Such forbidden substances as hereinbefore mentioned shall include
garbage, manure, dead animals, sewage or the outflow from any sewage
disposal plant or drain or drainage system, whether such waste outflow
or drainage be of solids or liquid, or any refuse or chemical or other
substance which may impair or prevent the growth and multiplication
of fish or shellfish in any of said waters or which may or shall interfere
with either the home use or marketability of such fish or shellfish
or which shall render such waters, their banks and shores unpleasant
or unsuitable for the above-named purposes of industry or recreation
or which shall impair the value of the real property contiguous to
such waters or disturb or interfere with the repose and comfort of
its occupants.
A.
Any person, firm, association or corporation violating any of the
provisions of any ordinances of the Town of Smithtown shall be guilty
of an offense punishable by fine or imprisonment, or both; however,
for the purpose of confirming jurisdiction upon courts and judicial
officers, such violations shall be deemed to be misdemeanors, and
for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of this chapter or any ordinance of the Code of the Town of Smithtown
shall be subject to a penalty in the sum not exceeding $1,000 for
the first such violation and a sum not exceeding $2,500 for any subsequent
violation and/or imprisonment of 30 days for a conviction of a first
violation and 60 days for a conviction of a second or subsequent violation,
or both, said penalties to be recoverable in a civil action in the
name of the Town of Smithtown as damages.
[Amended 3-20-1990]
B.
The imposition of a penalty or fine or other disposition
of a violation shall not excuse or permit a continuance thereof, and
each continuance of a violation after the service of notice, summons
or warrant, in a prosecution or in any other way upon such person,
that he is committing such violation shall constitute a separate and
new offense punishable by a like fine or penalty.
