§ 45-12. Penalties for offenses., Chapter 45. Sanitation, Code of Ordinances, Brookhaven

Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not to exceed 15 days, or be both so fined and imprisoned. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

Any corporation violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $2,000. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

Any person violating any provisions of § 45-4B shall be punished as follows: upon a first conviction by a fine of $1,000 to $5,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $2,000 to $10,000 or by a maximum period of imprisonment not less than 15 days nor more than six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as a misdemeanor. Each day's continued violation shall constitute a separate additional violation.

[Added 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012; amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018; 6-27-2019 by L.L. No. 15-2019; 7-18-2019 by L.L. No. 19-2019]

Editor’s Note: This local law also redesignated former Subsections C and D as Subsections D and E, respectively.

Any person violating any provisions of' § 45-4J, except 45-4J(2), shall be punished as follows: upon a first conviction by a fine of $500 to $2,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $3,000 or by a maximum period of imprisonment not less than 15 days nor more than six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as a misdemeanor. Each week's continued violation shall constitute a separate additional violation.

[Amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]

Any person or corporation violating any of the provisions of § 45-4J(2) pertaining to throwing or depositing litter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not to exceed 15 days, or be both so fined and imprisoned. Any person or corporation violating any of the provisions of this subsection pertaining to hazardous wastes shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $10,000 or be imprisoned for a period not less than 15 days nor more than 30 days, or be both so fined and imprisoned. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. In addition, any person or corporation violating any of the provisions of this subsection shall be liable for a civil penalty for a sum equal to twice the actual costs incurred by reason of the Town of Brookhaven causing the cleanup of said litter and/or hazardous waste.

[Added 4-28-2009 by L.L. No. 9-2009, effective 5-7-2009; amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]

Editor's Note: Former § 45-13, Search and seizure of evidence, as amended, which immediately followed this subsection, was repealed 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002.

In addition to the penalties authorized in this section, the Town Attorney is authorized to ask the court for restitution and reparation in accordance with Penal Law § 60.27.

[Added 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]