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Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
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[This compilation of penalties was published in the 1982 Code as Ch. A152. It was updated 3-8-2011 by L.L. No. 4-2011]
[1]
Editor's Note: If a penalty imposed in any chapter of the Code of the Village of Walden for an offense against the provisions of that chapter has not been listed in § A311-1 or A311-2, the penalty provisions shall, nevertheless, continue to be in effect.
[Amended 8-14-2012 by L.L. No. 5-2012]
The following penalty is imposed for a violation of the chapters listed below:
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
Chapter 105, Brush, Grass and Weeds, § 105-6.
Chapter 114, Child Safety Zones, § 114-6.
Chapter 116, Clearing, Filling and Grading, § 116-9.
Chapter 140, Firearms and Fireworks, § 140-3.
Chapter 200, Parks, §§ 200-2, 200-3 and 200-4.
Chapter 205, Peddling and Soliciting, § 205-16.
Chapter 228, Sales, Sidewalk, Yard and Auction, § 228-6.
Chapter 234, Sewers, § 234-42.
Chapter 247, Solid Waste, § 247-6.
Chapter 256, Streets and Sidewalks, § 256-7 (for Article I); § 256-19 (for Articles II, III and IV).
Chapter 298, Water, § 298-38.
Chapter 305, Zoning, § 305-65E.
Other chapters contain penalty provisions as follows:
Chapter 90, Alcoholic Beverages. Under § 90-4, anyone arrested and convicted of a violation of the chapter is subject to a fine of $50.
Chapter 94, Animals.
A.
Article I, Dog Control. Under § 94-4, the following penalties apply:
(1)
First offense, not more than $25.
(2)
Second offense, not more than $50.
(3)
Third and subsequent offenses, not more than $100.
B.
Article II, Curbing of Dogs. Under § 94-9, the following penalties apply:
(1)
First offense, not less than $75 nor more than $250 or 15 days in jail, or both.
(2)
Second offense within one year of first conviction, not less than $150 nor more than $250 or 15 days in jail, or both
(3)
Third offense within one year of first conviction, $250 or 15 days in jail, or both.
Chapter 117, Clothing Bin Containers. Under § 117-5, penalties for violations of the chapter are as follows:
[Added 2-21-2017 by L.L. No. 2-1017]
A.
Any person or entity violating any provision of this chapter shall, in addition to any other penalty set forth herein and in addition to any other remedy at law, be subject to having the clothing bin container removed from the premises and thereof disposed of in accordance with the procedures outlined in § 214-8 hereof.
B.
In addition to the foregoing, any person or entity violating any provision of this chapter shall, upon conviction therefor, be subject to a fine not to exceed $250 for the first offense, and any person or entity committing an offense hereunder within six months of his or its conviction of any prior offense hereunder shall be fined not less than $250 nor more than $500.
C.
In addition to the foregoing, the Village shall have the right to maintain a proceeding in a court of competent jurisdiction for such other further, different and/or alternative relief as it may deem just and proper.
D.
The terms, provisions and conditions of this chapter and the penalties authorized herein may be enforced by the Village of Walden Building Department and/or the Village of Walden Police Department.
Chapter 144, Fire Prevention. Under § 144-7A, an offense constitutes a violation pursuant to the Penal Law, and each day of continuance constitutes a separate violation.
Chapter 167, Littering. Under § 167-7, penalties for violations are as follows:
A.
For conviction of a first offense, a fine of not less than $100 and not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
B.
For a conviction of a second offense, a fine of not less than $175 and not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
C.
For conviction of a third or subsequent offense, a fine of $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
Chapter 181, Noise. Under § 181-13, any person who violates any provision of the chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not exceeding $250. Each day that a violation shall continue shall constitute a separate offense.
Chapter 213, Properties, Abandoned, Vacant, Boarded and Foreclosed. Under § 213-10, if an owner shall violate any provision of the chapter, he/she shall be subject to a fine of not more than $500 or 30 days in jail, or both. Each day a violation continues shall be deemed a separate offense.
Chapter 215, Art. I, Illegal Drug Use at Rental Properties. Under § 215-5, penalties for violations of the article are a civil penalty not exceeding $5,000 and the payment of reasonable attorneys' fees and the costs of the proceeding.
[Added 10-4-2016 by L.L. No. 8-2016]
Chapter 242, Skateboards. Under § 242-5, penalties for violations of the chapter are as follows:
A.
In the case of the first offense, the skateboard will be returned to the rider at the police station upon the appearance of the rider if the rider is age 18 or older or, if the rider is under age 18, upon the appearance of the rider and his parent or guardian.
B.
In the case of a second offense, the skateboard shall be taken from the rider and impounded and not returned to him for 15 days upon appearance at the police station as aforesaid.
C.
In the case of a third offense, the skateboard shall be taken from the rider and impounded and not returned to him for 30 days upon appearance at the police station as aforesaid.
D.
In the case of any further offenses, the skateboard shall be taken from the rider, forfeited to the Village of Walden and destroyed.
E.
In addition to any other penalties herein provided or otherwise available, any person violating any of the provisions of this article shall be punished by a fine not to exceed $250.
[Added 1-5-2016 by L.L. No. 2-2016]
Chapter 272, Taxicabs.
A.
Under § 272-11A, offenses are violations pursuant to the Penal Law punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both, and the continuation of an offense constitutes a separate offense for each day of continuance.
B.
Under § 272-11B, the Board of Trustees may also maintain an action to compel compliance or to restrain violation by injunction.
Chapter 284, Vehicles, Abandoned. Under § 284-4, any person committing an offense against any of the provisions of the chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250.
Chapter 291, Vehicles and Traffic.
A.
Under Article X, a violator is subject to the penalties provided in Vehicle and Traffic Law § 1800, except as follows:
(1)
Persons convicted of violating § 291-17:
(a)
First conviction: fine not less than $10.
(b)
Second conviction within 12 months: fine not less than $25.
(c)
Third or subsequent conviction within 12 months after the first conviction: fine not less than $50.
(2)
Persons convicted of violating § 291-18: fine not less than $100.
(3)
Persons convicted of violating § 291-18.1:
[Added 12-15-2015 by L.L. No. 5-2015]
(a)
First conviction: fine of not more than $100 or imprisonment of not more than 15 days or both.
(b)
Second conviction within 18 months: fine of not more than $200 or imprisonment of not more than 45 days or both.
(c)
Third or subsequent conviction within 18 months: fine of not more than $300 or imprisonment of not more than 90 days or both.
(4)
Persons convicted of violating §§ 291-19, 291-19.1 and 291-21 through 291-25: fine not less than $35.
[Amended 4-10-2012 by L.L. No. 3-2012]
(5)
Persons convicted of violating § 291-20 or §§ 291-27 through 291-29: fine not less than $35 nor more than $250, plus fees set forth in § 291-32 if the vehicle is towed by the Police Department.
(6)
Persons convicted of violating §§ 291:26.1 through 291:26.3: fine not to exceed $250 and costs of towing and storage if any such costs have been incurred.
[Added 1-5-2016 by L.L. No. 1-2016]
B.
Under Article XI, a person convicted of violating the regulations concerning the parking and storage of recreational vehicles shall be punishable by a fine of not less than $25 nor more than $250.
Chapter 298, Water. Under § 298-29.1, any owner of premises using water supplied by the Village shall be liable for a fine of $75 per quarter for each quarter or portion thereof that said owner refuses and/or neglects to allow the installation of a new water meter.