Town of Southampton, NY Article IX Administration and Enforcement

[Amended 5-24-1994 by L.L. No. 22-1994; 3-23-2004 by L.L. No. 12-2004]

§ 111-38 Enforcement authority.

A. The Police Department and Bay Constables of the Town are hereby empowered to enforce all provisions of this chapter. Every person in charge of a boat navigating or using the waterways of the Town shall at all times obey the lawful orders of the members of such Police Department, Park Rangers and Bay Constables, and such officers shall have the right to stop and board any boat navigating or using the waterways of the Town for the purpose of enforcing this chapter.

B. The Police Department, Bay Constables, Park Rangers and enforcement officers of the Department of Public Safety of the Town are hereby empowered to enforce the provisions of Article I, Beaches, Parks and Recreation Centers, of this chapter pertaining to Town-owned beach recreation areas, access roads, parks, park recreation areas, trails and recreation centers.

C. Traffic Control Officers are hereby also authorized to enforce any rules and regulations promulgated by the Superintendent of Parks under this chapter for Town-owned beach recreation areas, park recreation areas, and recreation centers where such rules and regulations pertain to s, one-way restrictions, stop signs, speed limits, turn restrictions, fire zones, handicapped parking, designated parking spaces, designated tow-away zones, overnight or long-term parking, or regulations and restrictions pertaining to the parking, standing, or stopping of vehicles.

§ 111-39 Penalties for offenses.

A. Violations; misdemeanors.

[Amended 4-22-2008 by L.L. No. 21-2008]

(1) Violations. A first violation of this chapter shall be punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both. A second conviction shall be punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both. A third conviction shall be punishable by a fine not to exceed $750 or imprisonment for a period not to exceed 15 days, or both. In addition, any person who is convicted pursuant to this section shall be required to pay a mandatory water quality protection surcharge of $100. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who shall thereafter pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of § 8-6.2 of this Code. Each day's continued violation shall constitute a separate offense.

[Amended 5-13-2014 by L.L. No. 12-2014]

(2) Misdemeanors. Any person found to have a subsequent violation of § 111-30 of this chapter shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $1,000 or in each case, by imprisonment for a period not to exceed one year, or both. Each day that the offense continues shall constitute a separate additional misdemeanor.

B. Failure to obtain a facility use permit pursuant to § 111-3D shall be subject to a minimum fine of $250.

C. In addition to the penalties noted in Subsection A above, for a violation involving graffiti or defacing of municipal property, the Town may bring an enforcement action under Chapter 187, Graffiti, which is a Class A misdemeanor and has a maximum fine of $1,000.

D. In addition to the penalties noted in Subsection A above, for a violation involving the deposit of injurious substances or depositing of garbage or refuse, the Town may bring an enforcement action under Chapter 211, Littering and Handbills, which is a misdemeanor and has a maximum fine of $5,000.

E. There shall be a fine of $50 for each violation of a parking by permit only area regulation promulgated under Chapter 111, Beaches, Parks, and Waterways, consistent with the penalty imposed under Article X, Parking by Permit Only Areas, of Chapter 312, Vehicles and Traffic.

F. There shall be a fine of $100 for each violation of a tow-away zone regulation promulgated under Chapter 111, Beaches, Parks and Waterways, consistent with the penalty imposed under Article XVIII, Penalties, of Chapter 312, Vehicles and Traffic.

G. There shall be a fine of up to $50 but not less than $25 for any other traffic regulation promulgated under Chapter 111, Beaches, Parks and Waterways, including but not limited to a parking, standing, or stopping violation, except for violations of fire zones and handicapped parking which are subject to a minimum penalty of $250 consistent with the penalty imposed under Article XII, Parking Lots, of Chapter 312, Vehicles and Traffic.

H. Fines listed for the offense committed in Subsections E and F above are payable within 30 days from the date of issue. If the fine is not paid within 60 days of the first scheduled court appearance for the offense, it will be doubled. Fines not paid within 90 days of the first scheduled court appearance will be tripled. The above-referenced time frames may be amended by the Southampton Town Justice Court.

I. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter.

J. In addition to any other remedy provided by law, the court may, in connection with a violation of the provisions of Article II of this chapter related to the reckless operation of boats, suspend a person's privileges to operate a vessel or it may suspend or revoke a vessel's registration.

K. In addition to any other remedy provided by law, the court may, in connection with a violation of the provisions of Article II of this chapter, require the convicted person, as a condition of sentence, to complete a boating safety course of the state, the United States Power Squadrons or the United States Coast Guard Auxiliary and show proof of successful completion of the course to the court or its designee.

§ 111-40 Amendments; authority of Trustees.

The Town Board shall not amend any part of this chapter which relates to land owned or controlled by the Southampton Town Trustees without prior written approval of said Trustees.