N.Y. Village Law 20-2006 – Violation of ordinances
§ 20-2006 Violation of ordinances. 1. The board of trustees of a village may enforce obedience to its ordinances adopted prior to September first, nineteen hundred seventy-four as follows:
Terms Used In N.Y. Village Law 20-2006
- Conviction: A judgement of guilt against a criminal defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
a. by prescribing therefor fines for each violation thereof not to exceed two hundred fifty dollars. b. by prescribing therefor that for each violation thereof it shall constitute a violation pursuant to the penal law. However, in no case shall the fine imposed exceed two hundred fifty dollars. c. in all cases the board of trustees may enforce obedience of its ordinances by injunction.
1-a. A violation of a zoning ordinance adopted prior to September first, nineteen hundred seventy-four is hereby declared to be an offense, punishable by a fine not exceeding three hundred fifty dollars or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of such zoning ordinance shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
2. Except as otherwise provided by subdivision two-a, upon the adoption of a resolution by the board of trustees of a village authorizing the village attorney or an attorney other than the one regularly employed to prosecute a violator of a village ordinance or local law or a person accused of committing any offense, infraction or criminal act within the village and providing the village attorney or an attorney other than the one regularly employed is designated as an assistant district attorney, as provided by law, to prosecute in the name of the people of the state of New York, the violator of a village ordinance or local law or a person accused of committing any offense, infraction or criminal act within the village, the board of trustees may pay a reasonable compensation to such village attorney or an attorney other than the one regularly employed therefor.
2-a. On the adoption of a resolution by the board of trustees of a village within a county having a population of more than one million inhabitants and adjacent to a city having a population of more than one million inhabitants, authorizing a village attorney or an attorney, other than one regularly employed, to prosecute in the village courts of such county a violator of a village ordinance or local law, or a person accused of committing any offense, infraction or criminal act within the village, such attorney may prosecute in the name of the people of the state of New York and the board of trustees may pay a reasonable compensation to such attorney. Nothing herein shall be construed to abrogate or otherwise limit the authority of the district attorney of such a county to prosecute an offense cognizable by a village court within such a county.
3. Any ordinance or local law heretofore adopted by the board of trustees of any village which provides that any person violating such ordinance or local law shall be a disorderly person shall continue to be valid and any violator of such ordinance or local law may be prosecuted pursuant to the criminal procedure law for the violation of a petty offense and such disorderly person shall be deemed to have committed a petty offense.