HomeMy WebLinkAbout2021_12_14_Local_Law_No_17 Local Law No. 17-2021
This local law shall be known as the "Fines for violation of Chapter 187 of the Code of the Town
of Mamaroneck" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
Periodically, the Town Board reviews the fines and other penalties imposed for violations of the
Town Code. The Town Prosecutor reports that during the winter of 2020-2021 there were numerous
instances where an owner or a lessee failed to remove or treat snow and ice from the street or public
place that abutted the owner's property or the property leased by the lessee. Although the current
statute (section 187-15) allows for a fine of up to $500 for an offense, it does not provide for a minimum
fine. The Town Prosecutor believes that to obtain better compliance with the law, minimum fines
should be assessed and the fines (both minimum and maximum) should increase with each offense
committed within a twelve-month period. The Town Board agrees with the Town Prosecutor's proposed
solution for reducing noncompliance.
In addition, the current statute imposing penalties for violating chapter 187 of the Town Code
includes incarceration which, in the Town Board's view, is not a proper penalty.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 187-15 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§187-15. Penalties for offenses.
A. Any person who violates any section of this chapter, other than section 187-13, shall be guilty of an
offense and upon conviction shall be punished with a fine of not less than $100 and not more than $500.
B. Any person violating section 187-13 shall be guilty of an offense and upon conviction shall be
punished as follows:
(i)for the first offense between July 1 of any year and June 30 of the immediately following year,
with a fine of not less than $50 and not more than $250,
(ii) for a second offense between July 1 of any year and June 30 of the immediately following
year,with a fine of not less than $75 and not more than $500, and
(iii) for additional offenses between July 1 of any year and June 30 of the immediately following
year,with a fine of not less than $100 and not more than $750.
In addition to the fines set forth above, any person violating section 187-13 shall be subject to a civil
penalty of not less than $10 and not more than $25 for each offense.
C. Every day or part thereof that a violation of any section of this chapter shall continue shall be deemed
to be a separate and distinct violation of such section or sections and shall constitute a separate offense.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other
provisions of this Local Law, which may be implemented without the invalid or unconstitutional
provisions.
Section 4—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2