Village of Malverne, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 9-3-1975 by L.L. No. 2-1975; amended in its entirety 2-21-2013 by L.L. No. 2-2013 (Ch. 43A of the 1972 Code). Subsequent amendments noted where applicable.]
Public assemblies — See Ch. 229.
Graffiti — See Ch. 330.
Parks and recreation areas — See Ch. 434.
The purpose of this chapter is to ensure that the Village of Malverne is reimbursed for the negligent, reckless or intentional actions of individuals who damage Village property and to prevent individuals from damaging any such Village property without accountability.
It shall be unlawful and a violation of this chapter for any individual or corporation to intentionally, negligently or recklessly damage property of the Village in any manner. In addition to any other legal remedies, any individual or corporation who or which violates this chapter shall be subject to the jurisdiction of the Village Court and may receive a summons issued by either the Police Department or the Building Department for any such violation.
When an individual or corporation has been found to have violated this chapter, that the following penalties may be ordered by the court:
A fine of not more than $350 for any such violation; further, in the event an individual is responsible for intentionally damaging property, that individual may be subject to up to 15 days' incarceration.
In the event that the party receiving the summons has not repaired or remedied the damage within 15 days after receipt of the summons to the satisfaction of the Malverne Building Department, it is understood that the court may order restitution for the reasonable costs and value of services by the Malverne Building Department for the repair of the personal or property damage as part of a sentencing proceeding, upon a finding of a violation of this chapter. Additionally, in the event that a party fails to pay a restitution order issued by the court, it is understood that the amount of the repairs may be levied as a municipal lien on the property of the individual or corporation if said individual is a resident of Malverne.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter shall take effect on March 1, 2013.