[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]
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.
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.