Criminal Law Web

NEW YORK PENAL LAW

Penal Norms Outside the New York Penal Law

I. State Legislature

New York Vehicle & Traffic Law §§ 1800 & 1801 (penalties for traffic infractions and misdemeanors)
New York Vehicle & Traffic Law §§ 1230 et al. (bicycles)
New York Vehicle & Traffic Law §§ 1150 et seq. (pedestrians)

Whren v. United States, 517 U.S. 806 (1996) ("pretextual stops")

II. State Executive

New York Department of Motor Vehicles Regulations §§ 51.5 & 51.6 (tires)
 

III. State Judiciary

New York Judiciary Law art. 19 (contempts)
 

IV. Political Subdivisions of the State

A.. In General

People v. Delgardo, 1 Misc. 2d 821 (N.Y. Mag. Ct. 1955) (Administrative Code of the City of New York)
 

B. In Particular (Erie County & City of Buffalo)

Section 209. Ordinances.

Ordinances may be adopted by the county legislature subject to veto by the county executive. The procedure shall be the same as herein provided for the adoption of local laws except that an ordinance shall not be subject to referendum, mandatory or permissive. An ordinance may provide for any subject matter of county concern not required to be provided by local law, legalizing act or resolution of the county legislature.

Such ordinance may provide for its enforcement by legal or equitable proceedings in a court of competent jurisdiction, may prescribe that violations thereof shall constitute offenses or misdemeanors and may provide for punishment of violations by civil penalty or by fine and imprisonment or by two or more such penalties or punishments.

Ordinances, and their application, particular subjects and form may be as further provided in the administrative code.
 
 

Section 9.06 County environmental quality code.

a. Adoption procedure. Before adoption of the county environmental quality code or any amendment thereto, the commissioner of environment and planning shall cause notice of a public hearing thereon to be published in the official newspapers and in newspapers of general daily circulation in the county once a week for two publications and at least twenty days shall elapse from the first publication to the date of the hearing. The notice shall contain an abstract statement of the proposed provision and give the time and place of such hearing. On or before the date of the first publication of the proposed provision, copies thereof shall be filed with the clerk of the county legislature, the county executive, the clerk of each city, town and village in Erie county and in the office of the commissioner of environment and planning and be open to inspection by the public. If subsequent to this initial public hearing, the commissioner’s preliminary decision is to adopt the proposed county environmental quality code or any amendment thereto, he shall, within five days of said preliminary decision, submit a copy thereof to the clerk of the county legislature. The county legislature, at the second regular legislative meeting following such submission at which a quorum is present, may by resolution make a finding that the proposed code or amendment warrants further consideration. Upon such a finding, the commissioner shall hold a second public hearing in the same manner as that required for the initial public hearing.
Subsequent to this second public hearing, the commissioner shall either adopt or issue an order declining to adopt the proposed code or amendment. In the event the county legislature shall make no finding that further consideration is warranted, the commissioner's preliminary decision to adopt the proposed code or amendment shall become final upon adjournment of the second regular legislative meeting, subsequent to submission of the preliminary decision, at which a quorum is present. All rules,regulations, orders and directions promulgated under this section shall be compiled and known as the Erie county environmental quality code. In the event that provisions of the sanitary code promulgated by the board of health and provisions of the environmental quality code shall be applicable to the same subject, the more restrictive provision shall control.

b. Enforcement.
1. The commissioner may prescribe and impose penalties for the violation of or failure to comply with any of his orders or regulations, after holding a hearing thereon. Such penalties shall not exceed ten thousand dollars ($10,000) for a single violation or failure, which if not paid as ordered by the commissioner, will be recoverable by action in the appropriate court.
2. (a) The provisions of the county environmental quality code shall have the force and effect of law.
    (b) Any non-compliance or non-conformance with any provision of such code or of a rule or regulation, duly made thereunder shall constitute a violation punishable by a fine of not more than two hundred fifty dollars ($250) or by imprisonment for not more than fifteen days or both such fine and imprisonment.
    (c) Certified copies of the environmental quality code shall be received in evidence in all courts and proceedings.
3. The commissioner may enforce the county environmental quality code by stipulation, agreed settlement, consent order or other conciliation agreements.
4. The commissioner shall have all the authority conferred by state law upon local officials to enforce orders, rules and regulations pertaining to the control and enhancement of the quality, use or enjoyment of air and water resources.

c. Procedure.
1. Notices; service of process. (a) Notices of all public hearings shall specify the time, date and place of hearing.
    (b) Service of all processes, except subpoenas, shall be made in the same manner as a summons in a civil action or by registered or certified mail with a return receipt requested, addressed to the individual served in person or in are presentative capacity as hereinafter provided at his last known residence, office or place of business. Such service shall be made upon a municipality by serving the chief executive or counsel thereof, upon a sewer district, authority, commission or private corporation by serving an officer thereof or upon an unincorporated association or partnership or other company of persons which has a president or treasurer by serving either of such officers.
    (c) Subpoenas shall be served upon the witnesses personally, together with such fees therefor as may be provided by law.
2. Proceedings before the commissioner. (a) Whenever it shall appear to the commissioner that there has been a violation of any of the provisions of the county environmental code, he shall give written notice to the alleged violator or violators setting forth any thing or act done or omitted to be done or claimed to be in violation of any such provisions, and requiring that the matters complained of be corrected, or that the alleged violator appear in person or by attorney before the commissioner or his duly designated representative, at the time and place said notice specifies, and answer the charges complained of.
    (b) At least twenty days notice of such hearing shall be given.
    (c) One day before the return day of such notice, the person so notified shall file with the commissioner a statement setting forth the position of the person so notified, the answer, if any, to the charges made against him, the methods, practices and procedures, if any, which are being taken to prevent violations of the provisions of the county environmental quality code, and any other defenses or information pertinent to the case. Pertinent and relevant testimony of witnesses shall be received in support of or opposition to said statement.
    (d) The burden of proof with respect to violations imposed by provisions of the county environmental quality code shall be upon the department.
    (e) After due consideration of the written and oral statements, and testimony and arguments filed pursuant to subdivision 2(c) above or on default in appearance on said return day, the commissioner may issue and enter such final order or make such final determination as he deems appropriate under the circumstances, and shall notify such person or persons thereof in writing, personally, by registered mail or by certified mail, return receipt requested.
3. Hearings. (a) Public hearings shall be conducted by the commissioner, or his duly designated representative or representatives, prior to issuance of an order directing discontinuance of actions allegedly in contravention of provisions of the county environmental quality code.
    (b) The hearings herein provided may be conducted by the commissioner, or by the duly designated hearing officer or officers at any time and place.
    (c) A record, or summary thereof, of the proceedings of said hearings shall be made and filed with the department of environment and planning. If requested by any party concerned with said hearing, the full stenographic notes of the testimony presented at said hearing shall be taken and filed. The stenographer shall, upon the payment of his fee allowed by the law therefor, furnish a certified transcript of the whole or any part of his notes to any party to the action requiring the same.
    (d) In any such hearing, the hearing officer or any member of the hearing panel may administer oaths, examine witnesses, and issue, in the name of the department, notices of hearings and subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing. A designation of a person or persons by the commissioner to perform the functions herein authorized shall be in writing and filed with the department.
4. The commissioner is hereby authorized to settle or compromise any action or cause of action for the recovery of a penalty under the provisions of the county environmental quality code.
5. Hearings for persons aggrieved. The commissioner shall grant a hearing to any person not previously heard in connection with the making of a determination or order, who within twenty days after service upon him of a copy of a notice, order or determination of the commissioner, may file a petition with the department alleging that the said order(s) or determination(s) is or are contrary to fact and injurious to him, and that said order or determination caused him damage by the invasion of or interference with a private right or privilege, particularly appertaining to him. At such hearing the petitioner may appear in person or by attorney, present witnesses, submit evidence and be given full opportunity to be heard. Following such hearing, the commissioner shall make his determination, which, unless an appeal is taken therefrom, shall be final and conclusive.
6. Summary action. Whenever the commissioner, after investigation, is of the opinion that any person is causing, engaging in or maintaining a condition or activity which in his opinion constitutes danger to the health or welfare of the people, and that it therefore appears to be prejudicial to the interest of the people to delay action for twenty days until an opportunity for a hearing can be provided in accordance with the provisions of section 9.07c, the commissioner may order the person, by written notice, to discontinue such dangerous condition or activity or take certain action immediately or within a specified period of less than twenty days. As promptly as possible thereafter within not to exceed twenty days, the commissioner shall provide the person an opportunity to be heard and to present any proof that such condition or activity does not constitute a danger to the health of the people.
7. Review by courts. All orders or determinations of the commissioner of the department shall be subject to review as provided in article seventy-eight of the civil practice law and rules. Application for such review must be made within sixty days after service in person or by mail of a copy of the determination or decision upon the attorney of record of the applicant and of each person who has filed a notice of appearance or to the applicant in person directly if not represented by an attorney.
 

Sec. 33. Ordinance Powers.

The council shall have power to enact ordinances:

(1) To define and prevent disorderly conduct; to prevent disorderly assemblages; disturbing noises and drunkenness in public places; to punish vagrants, beggars and disorderly persons as defined by law.

(2) To regulate the use of the harbors, canals and other public waters of the city and to prevent encroachments thereon.

(3) To license and regulate owners and drivers of all vehicles used for the transportation of passengers or property for hire and persons or corporations supplying messenger service and to fix the rates to be charged by them; to license and regulate pawnbrokers and the business of pawnbrokerage and to fix the rates to be charged in said business; to license and regulate plumbers, auctioneers, butchers, hawkers, peddlers, junk dealers, dance halls, dancing schools and other entertainment of like character; to prohibit or to license and regulate public billiard rooms, bowling alleys, solicitors for houses of entertainment, railroads, vessels and vehicles, and the exhibition of shows of every kind and of theatrical representations; to prescribe the terms and conditions on which licenses shall be granted.

(4) To examine, license and classify the engineers of all steam engines, stationary or otherwise, except locomotive engines of incorporated railroad companies and except engines propelling vessels on navigable waters of the state or of the United States, and to prohibit unlicensed persons from operating the same; to provide for the inspection of steam engines and boilers and to prohibit the use of unsafe ones.

(5) To prohibit or to license and regulate the keeping, sale and conveying of gunpowder and other explosive substances and other dangerous or highly inflammable fluid or material, and to provide for the inspection, forfeiture or destruction of same; to license and regulate the public and/or commercial parking of automobiles for a fee in open areas, areaways or spaces.

(6) To prohibit or regulate the use of locomotives and of steam; to regulate other motive power and the speed on any railroad within the city; to require any railroad company to keep a flagman or gates at any railroad crossing of a public street.

(7) To regulate the erection and maintaining of wires, cables and other electrical conductors, and the poles supporting the same, in the streets, alleys and public grounds, and to require that such wires, cables and other electrical conductors be placed underground subject to the restrictions and regulations contained in the ordinance, and to require the removal of overhead wires, cables and other electrical conductors, and the poles supporting the same, heretofore or hereafter erected from any street, alley or public ground, and the placing underground of such wires, cables and conductors within a reasonable time not less than six months after the enactment of such ordinance.

(8) To regulate the sale of fish, meats and vegetables; to prevent the adulteration of articles of food or drink; the sale for domestic use of unwholesome articles of food and ice frozen from dirty or impure water and to provide for the inspection, forfeiture and destruction thereof; to prevent and punish fraud in sales by weight and measure.

(9) To prevent and abate nuisances; to prohibit or regulate the blowing of steam whistles or the ringing of bells; to prevent the emission of dense smoke, soot or dust; to regulate or prohibit the use of public pumps, wells, hydrants or reservoirs; to regulate the construction of public and private sewers, sinks and privies; to locate, regulate and remove slaughterhouses, butchers' stalls, fish stands, livery stables, tanneries and unwholesome or noisome buildings or places and to compel the cleansing of same.

(10) To regulate burials, incinerations and funerals, and to prescribe limits in which there shall be no burials or incinerations of the dead; to locate and regulate mortuaries.

(11) To regulate the use of the public streets, alleys, parks and park approaches, wharves and public grounds, and to prevent unlawful encroachments and encumbrances thereon; to license and regulate the placing, maintenance and operation in any street, alley or public ground of newsstands, public telephone facilities, and of tanks, containers, pumps or other facilities for the storage, sale or distribution of motor fuel; to prohibit the running at large of animals therein and to authorize the distraining, impounding and sale of them for the penalty and costs of the proceeding; to regulate and direct the planting and care of trees in streets and public places and to spray trees on lands contiguous thereto; to compel the owners of lands to destroy noxious weeds growing thereon and owners of vacant lands to fence or enclose them; to regulate and compel the numbering of buildings and the naming of streets and alleys.

(12) To regulate and limit the height and bulk of buildings hereafter erected and to regulate and determine the area of yards, courts and other open spaces, and to regulate the density of population in any given area; to regulate and restrict the location of trades and industries and the location of buildings designed for specific uses pursuant to section twenty, subdivisions twenty-four and twenty-five of the general city law and to vary or modify any such ordinance in the manner prescribed in this subdivision; to provide for the appointment by the council of a zoning board of appeals and to confer on such board the right to hear any appeal from the decision of the director of buildings refusing to grant a building permit, or any order, or requirement made by him in reference thereto in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, and to recommend to the council a variation or modification of the terms of the ordinance in the particular case so that its spirit shall be observed, public safety secured and substantial justice done. If the city shall be hereafter empowered by general law to appoint a zoning board of appeals, then such board may be appointed and shall have the powers and authority conferred by such general law with any right of review conferred thereby upon any person aggrieved.

(13) To regulate the erection of all buildings and structures in the city; to define limits within which wooden buildings shall not be constructed or reconstructed, and the manner in and materials of which all buildings within such limits shall be constructed; to define outer limits within which wooden buildings may be constructed or reconstructed and to provide for a special permit from the director of buildings for such construction or reconstruction or from the council, if such director refuses the permits; to regulate the construction, maintenance and cleaning of chimneys, flues, stoves, pipes and other things used for fire or conducting smoke; to prevent the deposit of ashes in unsafe places or receptacles; to regulate the use of lights in buildings in which combustible articles may be deposited; to regulate the carrying on of factories liable to cause fires; to prevent bonfires in the streets and public grounds; to regulate or to prohibit the use of fireworks; to compel the owners or occupants of buildings to have scuttles in the roofs and stairs or ladders leading thereto; to require the construction and maintenance of fire escapes on buildings when and as directed by the commissioner of fire.

(14) To protect the public health.

(15) To regulate or to empower the commissioner of police to surprise, control and regulate the traffic on any food or produce market resorted to by the public and privately owned and operated, upon the request of the owner thereof.

To regulate, control or prohibit persons from parking, standing storing or leaving motor vehicles upon any publicly or privately owned premises, parking areas or parking lots, without the consent and permission of the owner or lessee of such premises; such ordinances shall contain a provision for the posting of a conspicuous sign or signs at the entrances to such parking lot or parking area informing the public as to the permitted conditions of parking thereon; such ordinances may be enforced by the police in the same manner as a traffic or parking ordinance and may provide, among other things, that proof of ownership of a vehicle shall be presumptive evidence that the owner parked or caused such vehicle to be parked on such premises, and may authorize police officers to enter upon such premises at the request of the owner or lessee thereof to enforce such ordinances.

(16) To regulate the hours during which any establishment or place may be open for the sale of goods, wares or merchandise.

(17) To prohibit persons from offering or exposing for sale any goods or products upon privately owned food or produce markets without the consent of the owner of such market; to prohibit persons from entering upon privately owned food or produce markets resorted to by the public for the purpose of offering or exposing for sale thereon any goods or products, without the consent of the owner of such market, or for any other purpose after warning from the owner of such market; and to prohibit persons from wilfully remaining upon such markets after the direction of the owner to remove therefrom.
 In addition to the power granted by the foregoing subdivisions of this section and by any other section of this act to pass ordinances on subjects specifically enumerated therein, the council shall have power to enact such other ordinances, not inconsistent with the power and duties conferred by this act, or by any law specially applicable to the city unrepealed by this act or by any general law, upon any department, officer, board, commissioner or other agency of the city, as it may deem necessary and proper for the good government and good order of the city, the protection of persons and property, the preservation of health, the exercise of the corporate powers and the performance of the corporate duties of the city.
 
 

Sec. 36. Fine or Penalty.

The council in any ordinance or by general ordinance may provide a fine or penalty not exceeding fifteen hundred dollars for the violation of an ordinance, and may definitely fix the amount of such fine or penalty or prescribe a minimum and a maximum amount to be fixed within such limits by the court or magistrate before whom the matter is tried.

Sec. 37. Imprisonment.

The council in any ordinance or by general ordinance may provide that any person, upon conviction of a violation thereof, shall be fined or committed to the Erie county penitentiary for such time as the court or magistrate shall fix, not exceeding six months; and such ordinance may authorize the arrest by any person without process of anyone violating or attempting to violate such ordinance in the presence of such person.
 
 
 

Sec. 295.35. Jurisdiction to Impose Civil Penalties.

The bureau of administrative adjudication shall have jurisdiction to conduct proceedings for the adjudication of code and/or ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare for which civil penalties may be imposed, and to render decisions and orders and impose civil penalties provided under law, but in no case shall the bureau of administrative adjudication impose a sentence of imprisonment upon a finding of guilty, nor shall any administrative law judge order the arrest or detention of any person for any reason.

Sec. 320. Ordinance; Criminal Action.

Where the violation of an ordinance is punishable by fine or imprisonment or both, the person charged may be proceeded against in the way provided by law for proceedings against persons charged with a criminal offense.
 
 
 

Sec. 474. Protection Against Fraud.

Any person who shall knowingly make any false statement or who shall falsify or permit to be falsified any record concerning any claim for pension with intent to defraud shall be guilty of a misdemeanor and shall be punishable therefor as provided in the penal law.
 
 
 

Sec. 545. Taxes Upon Gross Incomes or Gross Operating Incomes of Corporations and Persons Furnishing Utility Services.

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(9) Penalties. Any person failing to file a return or corrected return, or to pay any tax or any portion thereof, within the time required by this section shall be subject to a penalty of five per centum of the amount of tax due, plus one per centum of such tax for each month of delay or fraction thereof, excepting the first month, after such return was required to be filed or such tax became due; but the comptroller, if satisfied that the delay was excusable, may remit all or any portion of such penalty. Such penalty shall be paid to the comptroller and disposed of in the same manner as other receipts under this section. Unpaid penalties may be enforced in the same manner as the tax imposed by this section.

Any person, any officer of a corporation, or any copartner filing or causing to be filed any return, certificate, affidavit or statement required or authorized by this section which is willfully false, and any person who shall fail to file a return as required by this section and the officers of any corporation who shall so fail, shall be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars or imprisonment for not more than one year, or both such fine and imprisonment.

The certificate of the comptroller to the effect that a tax or penalty has not been paid, that a return has not been filed, or that information has not been supplied pursuant to the provisions of this section, shall be prima facie evidence thereof.

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(12) Administration of oaths and compelling testimony. The comptroller or his employee duly designated and authorized by the comptroller shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties of the comptroller under this section.

The comptroller shall have power to subpoena and require the attendance of witnesses and the production of books, papers and documents pertinent to the investigations and inquiries which he is authorized to conduct under this section and to examine them in relation to any matter which he has power to investigate hereunder and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or excused from attendance.

A justice of the supreme court either in court or at chambers shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and documents called for by the subpoena of the comptroller hereunder.

Any person who shall testify falsely in any material matter pending before the comptroller hereunder shall be guilty of a misdemeanor the punishment for which shall be a fine of not more than one thousand dollars or imprisonment for not more than one year, or both such fine and imprisonment.

The officers who serve the comptroller's summons or subpoena hereunder and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record.

Sec. 702. Penalties for tampering with code.

Any person who, without authorization from the city clerk, changes or amends, by additions or deletions, any part or portion of the charter and code of the City of Buffalo, or who alters or tampers with such code in any manner whatsoever which will cause the legislation of the city of Buffalo to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than one thousand five hundred dollars ($1,500.00) or imprisonment for a term of not more than fifteen (15) days, or both.
 
 

§ 1-13. Definitions.

The following words, when used in this Code, shall have the meanings herein stated, unless a different meaning clearly appears from the context:

CITY AGENCY -- Includes every officer, department, division, court, board or commission of the city.

COUNCIL -- The Common Council of the city.

DISORDERLY CONDUCT -- The doing or commission of any of the acts prohibited in this Code, and any person who shall do or commit any of said acts shall be guilty of "disorderly conduct."

PERSON -- Includes an individual, a firm, a partnership, a copartnership, a corporation, a receiver, an association, an executor, an administrator, a trustee, a guardian or an agent.

PUBLIC PLACE -- A place to which the public or a substantial group of persons has access, and includes but is not limited to streets, sidewalks, crosswalks, transportation facilities, schools, places of amusement and assemblage, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

VIOLATION or OFFENSE -- An offense or violation committed within the City of Buffalo.
 
 
 

§ 1-15. General penalty.

Every violation of any of the Code of the City of Buffalo shall be punishable by a fine or penalty of not more than one thousand five hundred dollars ($1,500.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment, for each offense, in every case wherein no punishment or fine for a violation thereof is provided. Each day that a violation continues shall be deemed a separate violation. In addition to the aforesaid fines and penalties, a licensee who violates any provision of the Code shall be subject to a suspension or revocation of his license. Any payment returned by the Director of Treasury for insufficient funds will be subject to an additional charge as outlined in Chapter 175, Fees.
 
 
 

§ 12-26. Assessment of penalty.

A. A reporting individual who knowingly and willfully fails to file an annual statement of financial disclosure or a transactional disclosure statement or who knowingly and willfully with intent to deceive makes a false statement or gives information which such individual knows to be false on such statement shall be assessed a civil penalty in an amount not to exceed ten thousand dollars ($10,000.) for each violation. Upon assessment of such civil penalty, the Board shall send a notice of civil assessment to the reporting person; to the complainant, if any; and, in the case of a local officer or employee, to the appointing authority for such person. For a violation of this section, the Board of Ethics may, in lieu of a civil penalty, refer a violation to the appropriate prosecutor, and upon such conviction, but only after such referral, such violation shall be punishable as a Class A misdemeanor. A civil penalty for false filing may not be imposed hereunder in the event that a category of value or amount reported hereunder is incorrect unless such reported information is falsely understated. Notwithstanding any other provision of law to the contrary, no other penalty, civil or criminal, may be imposed for a failure to file or for a false filing of such statement, except that the appointing authority may impose disciplinary action as otherwise provided by law.
 
 

§ 75-20. Bingo.

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J. The unauthorized conduct of a bingo game and any willful violation of any of the provisions of this section shall constitute and be punishable as a misdemeanor.

§ 133-21. Theft, conversion or misuse of city property.

It shall be a violation of this Code for any person, firm, corporation, partnership or other entity to commit theft, conversion, larceny or misuse of city property. This violation shall be punishable by a fine of not less than three hundred dollars ($300.) nor more than one thousand five hundred dollars ($1,500.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment for each offense. This violation shall be in addition to any other charge or remedy available under the law.
 
 

§ 144-2. License required; issuance; exceptions.

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(2) Any violation of this subsection shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than one thousand dollars ($1,000.) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment, for each such offense.

§ 144-21. Suspension and revocation of license; hearings.

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B. In addition to a license revocation by the City of Buffalo, a violation of any provision of this chapter by a person shall be deemed an offense punishable by a fine not to exceed one thousand five hundred dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15) days, or both.
 
 
 

§ 161-7. Penalties for offenses.

A. It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, erection or place, or portion thereof, ordered closed by the Commissioner or his designee. Mutilation or removal of a posted order of the Commissioner or his designee shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment not exceeding fifteen (15) days, or both, provided that such order contains therein a notice of such penalty.

B. Intentional disobedience or resistance to any provision of the orders issued by the Commissioner or his designee, pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than one thousand dollars ($1,000.) or by imprisonment not to exceed six (6) months, or both.
 
 
 

§ 165-2. License required; penalty.

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B. Any violation of this section shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than one thousand dollars ($1,000.) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment, for each such offense.

§ 165-34. License required; penalties for offenses.

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B. Any violation of this section shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than one thousand dollars ($1,000.) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment, for each such offense.

§ 167-19. Penalties for offenses.

Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not exceeding one thousand five hundred dollars ($1,500.) or be imprisoned for a period not exceeding fifteen (15) days, or both such fine and imprisonment.
 
 

§ 213-5. Suppliers of equipment.

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E. Any person who willfully shall make any material false statement in any application for a license authorized to be issued under this section or who willfully shall violate any of the provisions of this section or of any license issued hereunder shall be guilty of a misdemeanor and, in addition to the penalties in such case made and provided, shall forfeit any license issued to him or it under this section and be ineligible to apply for a license under this section for one (1) year thereafter.
 

§ 213-22. Offenses.

Any person, firm, partnership, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this chapter; pay or receive for the use of any premises for conducting games of chance a rental in excess of the amount specified as the permissible rent in the license provided for in this chapter; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership or corporation, except in furtherance of one (1) or more of the lawful purposes defined in this chapter shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one (1) year thereafter.
 

§ 213-23. License required; exemption for senior citizen games.

Any person, association, corporation or organization holding, operating or conducting a game or games of chance is guilty of a misdemeanor except when operating, holding or conducting:

A. In accordance with a valid license issued pursuant to this chapter; or

B. On behalf of a bona fide organization of persons sixty (60) years of age or over, commonly referred to as "senior citizens," solely for the purpose of amusement and recreation of its members where:

(1) The organization has applied for and received an identification number from the Board.

(2) No player or other person furnishes anything of value for the opportunity to participate.

(3) The prizes awarded or to be awarded are nominal.

(4) No person other than a bona fide active member of the organization participates in the conduct of the games.

(5) No person is paid for conducting or assisting in the conduct of the game or games.

§ 216-50. Penalties for offenses.

Any person who engages in unlawful conduct as defined in this article may, upon conviction thereof in a proceeding before a court of competent jurisdiction, be sentenced to imprisonment for a term of 15 days or to a term of community service related to the purposes of this article or to pay a fine of not more than $250 and not less than $25, or any combination of the above penalties.

§ 235-10. Enforcement.

The Department of Police and the Department of Transportation of the City of Buffalo shall enforce this Article. A violation of this Article shall be punishable by a fine or penalty of not more than one thousand five hundred dollars ($1,500.) or by imprisonment of not more than fifteen (15) days, or by both such fine and imprisonment, for each offense.

§ 235-20. Penalties for offenses.

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(4) Any person, firm or corporation transporting more than 50 waste tires within the City of Buffalo without a local transporter permit shall be punishable by a Class I fine in the amount of $1,500 or by imprisonment for not more than 15 days, or both such fine and imprisonment, for each offense.
 
 

§ 238-7. License required.

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B. Any violation of this section shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than one thousand dollars ($1,000.) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment, for each such offense.

§ 281-10. Tax exemptions.

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N. Any person who shall knowingly and willfully make any false statement as to any material matter in any application for the benefits of this section shall be guilty of an offense punishable by a fine of not more than one thousand five hundred dollars ($1,500.) or imprisonment for a period of not more than fifteen (15) days, or both.

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§ 294-12. Grant of both closing and restraining orders.

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E. Posting of temporary closing order and temporary restraining order; posting of notices; offenses. Upon service of a temporary closing order or a temporary restraining order, the officer shall post a copy thereof in a conspicuous place or upon one (1) or more of the principal doors at entrances of such premises where the public nuisance is being conducted, maintained or permitted. In addition, where a temporary closing order has been granted, the officers shall affix in a conspicuous place or upon one (1) or more of the principal doors at entrances of such premises a printed notice that the premises have been closed by court order, which notice shall contain the legend "closed by court order" in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises, the date of the order, the court from which issued and the name of the office or agency posting the notice. In addition, where a temporary restraining order has been granted, the officers shall affix, in the same manner, a notice similar to the notice provided for in relation to a temporary closing order except that the notice shall state that certain described activity is prohibited by court order and that removal of property is prohibited by court order. Mutilation or removal of such a posted order or such a posted notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than fifteen hundred dollars ($1,500.) or by imprisonment not exceeding fifteen (15) days, or by both, provided that such order or notice contains therein a notice of such penalty. The Police Department shall, upon the request of the agency involved or upon the direction of the Mayor, assist in the enforcement of this subsection.

F. Intentional disobedience of or resistance to temporary closing order or temporary restraining order. Intentional disobedience of or resistance to a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than one thousand five hundred dollars ($1,500.) or by imprisonment not exceeding ninety (90) days, or by both.

§ 294-13. Remedies of defendant.

A. A temporary closing order or a temporary restraining order shall be vacated, upon notice to the Corporation Counsel, if the defendant shows by affidavit and such other proof as may be submitted that the public nuisance within the scope of this Article has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing agencies of the city to inspect the building, erection or place which is the subject of an action pursuant to this chapter periodically, without notice, during the pendency of the action for the purpose of ascertaining whether or not the public nuisance has been resumed. Intentional disobedience of or resistance to an inspection provision of an order vacating a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than fifteen hundred dollars ($1,500.) or by imprisonment not exceeding fifteen (15) days, or by both. The Police Department shall, upon the request of the agency involved and upon the direction of the Mayor, assist in the enforcement of an inspection provision of an order vacating a temporary closing order or temporary restraining order.

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§ 294-15. Permanent injunction.

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C. A judgment awarding a permanent injunction pursuant to this Article may direct the closing of the building, erection or place by the Sheriff to the extent necessary to abate the nuisance and shall direct the Sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of Subsection E of § 294-13 of this Article. Mutilation or removal of such a posted judgment or notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment not exceeding fifteen (15) days, or by both, provided that such judgment contains therein a notice of such penalty. The closing directed by the judgment shall be for such period as the court may direct, but in no event shall the closing be for a period of more than one (1) year from the posting of the judgment provided for in this Article. If the owner shall file a bond in the value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed in the judgment, the court may vacate the provisions of the judgement that direct the closing of the building, erection or place. A closing by the Sheriff pursuant to the provisions of this subsection shall not constitute an act of possession, ownership or control by the Sheriff of the closed premises.

D. Intentional disobedience or resistance to any provision of a judgment awarding a permanent injunction pursuant to this chapter, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than fifteen hundred dollars ($1,500.) or by imprisonment not exceeding fifteen (15) days, or by both.
 
 

§ 326-2. License required; penalties for offenses.

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B. Any violation of this section shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than one thousand dollars ($1,000.) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment, for each such offense.

§ 337-32. Penalties for offenses.

A violation of this code is punishable by a fine not to exceed five hundred dollars ($500.) or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment, or by penalty of not more than five hundred dollars ($500.) to be recovered by the City of Buffalo in a civil action. Every day of such violation may be held to constitute a separate offense.

§ 370-5. Posting of occupancy limits.

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C. Upon conviction for a violation of this section, the court shall impose a minimum fine of one hundred dollars ($100.). The maximum penalty for each violation of this section shall be a fine of not more than one thousand five hundred dollars ($1,500.), imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.
 
 

§ 437-20. Penalties for offenses.

A. Except as herein otherwise specifically provided, every person who shall in any manner violate any of the provisions of this chapter or who shall charge, take or receive or attempt to charge, take or receive any greater rate or rates of fare or charges than those prescribed by this chapter or who shall fail to do any act required by this chapter to be done by him shall be liable to a fine or penalty of not more than one thousand five hundred dollars ($1,500.) or to imprisonment for not more than fifteen (15) days, or to both such fine and imprisonment, for each offense.

B. In addition to the fines and penalties herein fixed, the Director of Licenses and Permits may, for cause, revoke any license issued hereunder, in accordance with the Charter of the city.
 
 
 

§ 467-5. Penalties for offenses.

Any person, firm or corporation violating any of the provisions of this chapter, upon conviction for each violation thereof, shall be fined in an amount not exceeding $1,500 or be imprisoned for a period not exceeding 15 days, or both such fine and imprisonment.