§ 183-30. Penalties for offenses.

A. 

Taking, or dealing without permit. Any person convicted of taking shellfish without a permit, as required by § 183-2, or dealing with shellfish for commercial purposes without a permit, as required by § 183-19, shall be guilty of a violation and punishable as follows:

(1) 

For a first conviction, by a fine not less than $200 nor more than $500.

(2) 

For a second conviction or subsequent conviction within five years of a previous conviction for a like offense, by a fine of not less than $500 nor more than $1,000.

B. 

Taking on Sunday. Any person convicted of taking shellfish on Sunday in violation of § 183-12D shall be guilty of a violation and punishable as follows:

(1) 

For a first conviction, by a fine of not less than $50 nor more than $250.

(2) 

For a second conviction or subsequent conviction within five years of a previous conviction for a like offense, by a fine of not less than $250 nor more than $500.

C. 

Taking from uncertified or management areas. Any person convicted of taking shellfish from uncertified areas in violation of § 183-12A or violating prohibitions, restrictions or regulations with regard to taking shellfish from a management area in violation of § 183-18A or violating § 183-18B, shall be guilty of the following:

(1) 

A violation for a first conviction and punishable by a fine of not less than $250 nor more than $500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

(2) 

A misdemeanor for a second conviction or subsequent conviction within five years of a previous conviction for a like offense, and punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.

(3) 

During the period December 15 through March 15 of each year, a violation will be punishable by a fine not exceeding $250. However, such penalty will be suspended if a winter conditional opening is authorized by the New York State Department of Environmental Conservation.

D. 

Taking at night. Any person convicted of taking shellfish from Town lands under water during the night in violation of § 183-12B shall be guilty of the following:

(1) 

A violation for a first conviction, punishable by a fine of not less than $100 nor more than $500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

(2) 

A misdemeanor for a second conviction or subsequent conviction within five years of a previous conviction for a like offense, punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.

E. 

Violation of size restrictions. Any person convicted of taking, buying, selling or possessing of shellfish of less than legal size in violation of § 183-13 or of violating § 183-10B shall be guilty of the following:

(1) 

A violation for a first conviction, and punishable by a fine of not less than $300 nor more than $500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

(2) 

A misdemeanor for a second conviction or subsequent conviction within five years of a previous conviction for a like offense, and punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.

F. 

General penalty. Any person convicted of violating any provisions of this chapter, except as otherwise provided in § 183-30A through E, shall be guilty of the following:

(1) 

A violation for a first conviction, punishable by a fine of not less than $50 nor more than $200.

(2) 

A misdemeanor for a second conviction or subsequent conviction within five years of a previous conviction for a like offense, punishable by a fine of not less than $200 nor more than $400 or by imprisonment for not less than three months nor more than six months, or by both such fine and imprisonment.

G. 

Suspension, revocation of permit. The Town Clerk, upon recommendation of the Commissioner of Environmental Control, may suspend or revoke any permit issued under this chapter to any person convicted of one or more violations of this chapter or to any person convicted of a crime, or to any partnership where any partner has been convicted of one or more violations of this chapter or convicted of a crime, or to any corporation if any person having a financial interest in the corporation is convicted of one or more violations of this chapter or convicted of a crime.

Amended 1-6-1981 by Res. No. 19