Newfane, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-9
Penalties for offenses
Operative Text
Any person, firm or corporation who or which violates any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $10 nor more than $100, or to imprisonment for a period of not less than one day nor more than six months, or both such fine and imprisonment, and in addition any and all persons who violate any of the provisions of this chapter or who shall omit, neglect or refuse to do any act required by this chapter shall severally, for each and every such violation and noncompliance respectively, forfeit and pay a penalty of $50. The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provisions of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter. When a violation of any of the provisions of this chapter is continuous, each 24 hours thereof shall constitute a separate and distinct violation.
Section 238-9 of Newfane's Code of Ordinances establishes penalties for violating any provision of Chapter 238. A violation can result in criminal misdemeanor charges carrying a fine between $10 and $100, imprisonment between one day and six months, or both. On top of criminal penalties, a separate civil penalty of $50 applies for each individual violation or instance of noncompliance, and when a violation is ongoing, every 24-hour period counts as a new, distinct violation. Importantly, paying a penalty does not excuse the underlying violation or prevent authorities from requiring that prohibited conditions be corrected.
Plain English — not legal advice.
Property owners and managers subject to Newfane Code Chapter 238 should be aware that Section 238-9 imposes layered consequences for noncompliance: both criminal misdemeanor exposure and a $50 civil forfeiture per violation. Because each 24-hour period of a continuing violation is treated as a separate offense, operators generally act promptly to correct any identified deficiency rather than allowing conditions to persist. Compliant operators typically maintain records demonstrating that required actions under Chapter 238 have been completed, since payment of a penalty does not satisfy the underlying obligation to remedy the prohibited condition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 238-9 gives tenants important context about the consequences landlords face for violating Chapter 238 in Newfane: violations can result in misdemeanor charges, fines, and a $50 civil penalty that accumulates daily for ongoing problems. Tenants may find it useful to document conditions they believe violate Chapter 238, including dates, since each 24-hour period of a continuing violation constitutes a separate offense under this provision. Local code enforcement authorities or a tenant-rights organization can provide information about how to report violations and what remedies may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation