Village of New Hyde Park, NY Article VII Fines and Penalties

[Amended 6-4-1992 by L.L. No. 2-1992]

§ 189-46 Classification of offenses; applicable fines and penalties.

A. 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 a traffic infraction.

B. 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.

C. Every person convicted of any violation or offense declared to be a traffic 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.

§ 189-47 Fines and penalties for traffic infractions.

[Amended 5-20-1993 by L.L. No. 1-1993]

A. 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 traffic 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, under the provisions of Schedule XXX (§ 189-81), attached to and made a part of this chapter.

B. Subject to the provisions of Subsection D of this section, every person convicted of a traffic infraction for an offense designated and described under Schedule XXX (§ 189-81) of this chapter shall, for each such conviction, be punished by the imposition of the specific fine that is fixed and prescribed for that offense in and under the provisions of said schedule.

C. Every person convicted of a traffic infraction for any offense under the provisions of this chapter, including an offense designated or described under Schedule XXX (§ 189-81) of this chapter which has been made subject to the provisions of this subsection pursuant to the provisions of Subsection D of this section shall, for a first conviction thereof, be punished by a fine of not less than $20 nor more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of 18 months, such person shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; and for conviction of a third or subsequent offense, all of which were committed within a period of 18 months, such person shall be punished by a fine of not less than $100 nor more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

D. Notwithstanding the provisions of Subsection A of this section, where a person charged with one or more traffic infractions under this chapter shall have failed to answer such charge or charges within the time period(s) specified and the Village Justice Court or any other court having jurisdiction thereof shall have entered a plea of guilty to such charge(s) on behalf of such person, pursuant to the provisions of § 1806-a of the Vehicle and Traffic Law, 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 § 189-48 of 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.

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

[Added 7-29-1993]

§ 189-48 Mandatory late-payment penalty and surcharge.

[Amended 5-20-1993 by L.L. No. 1-1993; 12-17-2020 by L.L. No. 3-2020]

A. Whenever any person charged with a traffic 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 issued date set forth and indicated upon the face of such instrument, then upon the conviction of that person for such offense there shall be levied against and collected from such person.

B. 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 issued date specified in such instrument, then upon a conviction of the person charged in such instrument there shall be levied.

C. Both the mandatory surcharge 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 of the Court at the time of conviction. For the purposes of this subdivision, in determining the amount of mandatory surcharge 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.

D. 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, which such fine shall be levied and collected by the Clerk of the Village Justice Court 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.