[HISTORY: Adopted by the Town Board of the Town of Deerpark 2-13-1969
by Ord. No. 1-1969. Amendments noted where applicable.]
By adoption of this chapter, the Town Board of the Town of Deerpark,
Orange County, New York declares its intent to provide for uniform penalties
in relation to the application and issuance of franchises, permissions, consents,
and use of streets, highways, and public places in the Town of Deerpark, Orange
County, New York within the intent of § 64, Subdivision 7 of the
Town Law of the State of New York and § 130 of the Town Law of the
State of New York and the police power granted to said Town under the laws
and statutes of the State of New York.
As used in this chapter the following terms shall have the meanings
indicated:
Franchise, permission, or consent issued or applied for within the
intent of § 64, Subdivision 7 of the Town Law of the State of New
York.
An individual, association, partnership, or corporation (public stock
or non-stock) or any combination thereof and the agent thereof.
The Town Board of the Town of Deerpark, Orange County, New York hereby
requires any person, firm, or corporation who desires to use or make use of
the streets, highways and public places or any part thereof or the spaces
above and below or under them or any of them in this Town of Deerpark, Orange
County, New York to make application for such franchise, permission or consent
within the intent of § 64, Subdivision 7 of Town Law of the State
of New York.
The Town Board hereby declares it to be unlawful for any person, firm,
or corporation to violate any of the terms and conditions of any franchise,
permit, consent or license issued by said Town of Deerpark; and for violation
of the terms and conditions of such franchise, permission, consent or license
may be held liable pursuant to the provisions of this chapter for the penalties
set forth herein.
A.
Any person who commits or permits any act or acts in
violation of any of the provisions of this chapter shall be deemed to have
committed an offense against such chapter, and also shall be liable for any
such violation or the penalty therefor. Each day such violation shall continue
or be permitted to exist shall constitute a separate violation.
B.
For every violation of any provision of this chapter,
the persons violating the same shall be subject to a fine of not more than
$100 or imprisonment not exceeding 30 days, or by both fine and imprisonment.
C.
Conviction for any above-mentioned violation may constitute
and effect an immediate forfeiture of the license, franchise, permit or consent
in the discretion of the Town Board.
D.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectable by the Town in the amount of $100
for each such offense. Such penalty shall be collectable by and in the name
of the Town for each day that such violation shall continue.
E.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of the terms and conditions of such franchise
consent, permit or license.
