[Adopted 8-12-2003 by L.L. No. 14-2003]
The Town Board finds that the proliferation
of violations of the provisions of the Town Code of the Town of Babylon
and of conditions of or imposed on zoning-related grants and/or approvals
by the Town Board, Planning Board and Zoning Board of Appeals has
caused a serious threat to the safety and welfare of the residents
of the Town and has eroded the quality of life of all who live and
work in the Town. The Town Board therefore finds it necessary and
proper to provide for the securing of defendants charged with violations
of the Town Code. It is the further intent of the Town Board to exercise
its authority as provided by law with particular reference to its
authority pursuant to Municipal Home Rule Law § 10(4)(b)
and Town Law § 135, and the Town Board hereby supersedes
any inconsistent provisions of state law.
A person having been personally served with
a summons by a Babylon Town Official or employee authorized to issue
such a summons, or by a Suffolk County Police Officer, based upon
an alleged violation of the Babylon Town Code, shall appear personally
at the designated court indicated on the summons on the date and time
indicated on the summons, in connection with a criminal action to
be instituted in such court with respect to their alleged commission
of said violation of the Babylon Town Code.
[Amended 4-9-2008 by L.L. No. 11-2008]
A.Â
Any person who fails to respond to a summons shall
be guilty of a violation and, upon conviction thereof, a fine of not
less than $250 nor more than $1,000 must be imposed and a term of
imprisonment for a period not to exceed six months may be imposed,
or both, for a first offense; a fine not less that $1,000 nor more
than $2,500 must be imposed and a term of imprisonment for a period
not to exceed six months may be imposed, or both, for a second offense
within five years of a conviction; and a fine not less that $2,500
nor more than $5,000 must be imposed and a term of imprisonment for
a period not to exceed six months, or both, for a third offense within
five years of the first conviction.
B.Â
Any person who shall resist or obstruct a duly authorized
officer, agent or employee of the Town in their performance of their
duties shall be guilty of a Class A misdemeanor and, upon conviction
thereof, a fine of not less than $1,000 nor more than $2,500 must
be imposed or imprisonment for a period not to exceed one year, or
both such fine and imprisonment. The mandatory minimum fine must be
imposed and there shall be no discretion in imposing the mandatory
minimum fine; no unconditional discharge or any other sentence which
does not include the mandatory minimum fine or term of imprisonment
may be imposed, except upon application of the Special Assistant District
Attorney and consent of the court. Each instance of obstruction or
resistance shall constitute a separate offense hereunder.
In a prosecution for failing to respond to a
summons, it shall be an affirmative defense that a defendant was unable
to respond due to circumstances beyond their control, such as being
confined in a correctional facility, a hospital or medical facility,
or other similar situations beyond the defendant's control.
