Informal Opinion No.

Carl E. Mooradian, Esq. Corporation Counsel, Niagara Falls

You have asked whether your "second-class" city may supersede section42 of the Second Class Cities Law in order to provide a heavier fine or imprisonment than is authorized by that section, which limits the penalty for violating an ordinance to $150 or 150 days, or both. This section has been held to preclude cumulative penalties for a continuing violation (People ex rel. LoRusso v Briary Imp. Corp.,77 Misc.2d 797 [App Term, 2d Dept, 1973], affd 34 N.Y.2d 788 [1974]).

Section 4 of the Second Class Cities Law provides that it applies…