Laws

Redville City Laws

TITLE 1: CRIMINAL LAW

SECTION 1: DEFINITIONS

1.1. For the purposes of this title, the following definitions apply:

(a) "Person" means any individual, corporation, partnership, association, or other legal entity.

(b) "Crime" means any act or omission that violates a law or ordinance of this state or any political subdivision thereof.

(c) "Felony" means any crime for which the authorized term of imprisonment is more than one year.

SECTION 2: PENALTIES

2.1. Any person who commits a crime shall be subject to the penalties provided by law.

2.2. The authorized term of imprisonment for a felony shall be as follows:

(a) For a Class A felony, the authorized term of imprisonment shall be life imprisonment without parole or a term of years between 20 and 25 years.

(b) For a Class B felony, the authorized term of imprisonment shall be a term of years between 10 and 25 years.

(c) For a Class C felony, the authorized term of imprisonment shall be a term of years between 5 and 15 years.

SECTION 3: SENTENCING

3.1. When imposing a sentence on a person convicted of a crime, the court shall consider the following factors:

(a) The nature and circumstances of the offense.

(b) The history and character of the defendant.

(c) The need for deterrence.

(d) The need to protect society.

(e) The need to provide the defendant with needed correctional treatment.

(f) The need to avoid unwarranted disparities in sentencing.

3.2. In determining the appropriate sentence, the court shall give primary consideration to the need for the sentence imposed to be proportionate to the seriousness of the offense and the offender's culpability.

3.3. The court may impose any sentence authorized by law, including imprisonment, probation, a fine, or a combination thereof.

SECTION 3: SENTENCING

3.1. When imposing a sentence on a person convicted of a crime, the court shall consider the following factors:

(a) The nature and circumstances of the offense.

(b) The history and character of the defendant.

(c) The need for deterrence.

(d) The need to protect society.

(e) The need to provide the defendant with needed correctional treatment.

(f) The need to avoid unwarranted disparities in sentencing.

3.2. In determining the appropriate sentence, the court shall give primary consideration to the need for the sentence imposed to be proportionate to the seriousness of the offense and the offender's culpability.

3.3. The court may impose any sentence authorized by law, including imprisonment, probation, a fine, or a combination thereof.

TITLE 2: CONTROLLED SUBSTANCES

SECTION 1: DEFINITIONS

1.1. For the purposes of this title, the following definitions apply:

(a) "Controlled substance" means any drug or substance listed in schedules I through V of the New York State Controlled Substances Act.

(b) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner.

(c) "Prescribe" means to issue a prescription for a controlled substance.

SECTION 2: UNLAWFUL ACTS

2.1. It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense any controlled substance, except as authorized by law.

2.2. It shall be unlawful for any person to possess a controlled substance, except as authorized by law.

2.3. It shall be unlawful for any person to use a controlled substance, except as authorized by law.

SECTION 3: PENALTIES

3.1. Any person who violates section 2.1 of this title shall be guilty of a class A felony and shall be subject to a fine of not more than one million dollars or imprisonment for life, or both.

3.2. Any person who violates section 2.2 of this title shall be guilty of a class B felony, and shall be subject to a fine of not more than five hundred thousand dollars or imprisonment for up to 25 years, or both.

3.3. Any person who violates section 2.3 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars or imprisonment for up to one year, or both.

SECTION 4: PRESCRIPTIONS

4.1. A practitioner may prescribe a controlled substance to a patient for a legitimate medical purpose in the usual course of professional practice.

4.2. A prescription for a controlled substance shall be issued only for a legitimate medical purpose by a practitioner who is registered under the New York State Controlled Substances Act.

4.3. A prescription for a controlled substance shall be in writing and signed by the practitioner and shall be filled only by a pharmacist or a practitioner acting in the usual course of professional practice.

TITLE 3: VEHICLE AND TRAFFIC LAW

SECTION 1: DEFINITIONS

1.1. For the purposes of this title, the following definitions apply:

(a) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(b) "Driver" means any person who operates a vehicle.

(c) "Highway" means any public street, road, or thoroughfare.

SECTION 2: RULES OF THE ROAD

2.1. Every driver of a vehicle shall drive on the right-hand side of the roadway, except when overtaking and passing another vehicle or when making a left turn.

2.2. Every driver of a vehicle shall obey the instructions of official traffic-control devices unless otherwise directed by a police officer.

2.3. Every driver of a vehicle shall stop at a stop sign or red traffic signal, and shall not proceed until it is safe to do so.

SECTION 3: SPEED LIMITS

3.1. The maximum speed limit on any highway in this state shall be 65 miles per hour, except as otherwise provided by law.

3.2. The maximum speed limit in any residential district, business district, or school zone shall be 30 miles per hour, except as otherwise provided by law.

3.3. The maximum speed limit in any park or other public place shall be 25 miles per hour, except as otherwise provided by law.

SECTION 4: DRIVING UNDER THE INFLUENCE

4.1. It shall be unlawful for any person to operate a vehicle while under the influence of alcohol or drugs.

4.2. A person shall be deemed to be under the influence of alcohol if their blood alcohol concentration (BAC) is 0.08% or higher.

4.3. A person shall be deemed to be under the influence of drugs if they are impaired by any drug or combination of drugs to a degree that renders them incapable of driving safely.

SECTION 5: TRAFFIC VIOLATIONS AND PENALTIES

5.1. Any person who violates any provision of this title shall be guilty of a traffic infraction and shall be subject to a fine of not less than $50 nor more than $150, or imprisonment for not more than 15 days, or both.

5.2. Any person who commits a second or subsequent violation within 18 months shall be subject to a fine of not less than $100 nor more than $300, or imprisonment for not more than 45 days, or both.

5.3. Any person who commits a violation resulting in serious physical injury or death to another person shall be guilty of a misdemeanor and shall be subject to a fine of not less than $500 nor more than $1,000, or imprisonment for not more than one year, or both.

TITLE 4: REAL PROPERTY LAW

CHAPTER 1: LANDLORD AND TENANT

ARTICLE 1: GENERAL PROVISIONS

Section 1.1: Definitions

(a) "Landlord" means any person or entity that owns or manages a rental property.

(b) "Tenant" means any person or entity that has a legal right to occupy a rental property.

(c) "Rental property" means any real property that is leased or rented for residential or commercial purposes.

Section 1.2: Landlord Obligations

(a) Every landlord shall provide a rental property that is fit for human habitation, and that complies with all applicable building and housing codes.

(b) Every landlord shall maintain all common areas of a rental property in a clean and safe condition.

(c) Every landlord shall make all necessary repairs to a rental property and shall do so on time.

ARTICLE 2: TENANT OBLIGATIONS

Section 2.1: Rent Payment

(a) Every tenant shall pay rent in full and on time, in accordance with the terms of the rental agreement.

(b) Every tenant shall provide the landlord with a written notice of any problems with the rental property that require repairs.

(c) Every tenant shall permit the landlord or their agent to enter the rental property to make repairs, or for other reasonable purposes.

Section 2.2: Use and Maintenance

(a) Every tenant shall use the rental property in a reasonable manner, and shall not engage in any illegal activity on the premises.

(b) Every tenant shall maintain the rental property in a clean and safe condition, and shall promptly notify the landlord of any damage or problems.

(c) Every tenant shall comply with all applicable building and housing codes, and shall not alter or damage the rental property without the landlord's permission.

ARTICLE 3: EVICTIONS

Section 3.1: Grounds for Eviction

(a) A landlord may only evict a tenant for one of the following reasons: nonpayment of rent, violation of the rental agreement, or other good cause.

(b) Before seeking an eviction, a landlord must provide the tenant with written notice of the grounds for eviction, and an opportunity to cure any violations.

(c) A tenant may contest an eviction in court, and may be entitled to a hearing before a judge.

Section 3.2: Retaliation

(a) It shall be unlawful for a landlord to retaliate against a tenant for asserting their rights under this chapter.

(b) Retaliation may include eviction, rent increases, or other adverse actions.

(c) Any landlord who engages in retaliation may be subject to civil penalties and other legal remedies.

These are just example sections and the actual laws may differ based on the state and jurisdiction.

TITLE 5: COURTS AND JUDICIARY

CHAPTER 1: JURISDICTION AND PROCEDURE

ARTICLE 1: GENERAL PROVISIONS

Section 1.1: Jurisdiction of Courts

(a) The Supreme Court shall have original jurisdiction over all matters, except as otherwise provided by law.

(b) The County Courts shall have jurisdiction over criminal cases and civil cases involving claims of up to $25,000.

(c) The Family Court shall have jurisdiction over matters involving family and domestic relations, as provided by law.

Section 1.2: Judicial Procedure

(a) The procedures for the commencement and conduct of civil actions shall be as provided by law.

(b) The procedures for the prosecution and defense of criminal actions shall be as provided by law.

(c) All courts shall conduct their proceedings in accordance with the principles of due process and fairness.

ARTICLE 2: JUDICIAL ETHICS

Section 2.1: Code of Judicial Conduct

(a) All judges shall adhere to the Code of Judicial Conduct, as adopted by the Chief Judge of the State.

(b) The Code of Judicial Conduct shall provide standards for judicial conduct and ethics, including requirements for impartiality, fairness, and integrity.

(c) Any judge who violates the Code of Judicial Conduct may be subject to disciplinary action, including censure, suspension, or removal from office.

Section 2.2: Disqualification of Judges

(a) Any judge who has a personal bias or interest in a case, or who has previously served as an attorney or witness in the case, shall disqualify themselves from hearing the case.

(b) Any party to a case may move to disqualify a judge on the grounds of bias or interest, and the judge shall be disqualified if the motion is granted.

(c) Any judge who refuses to disqualify themselves when required by law shall be subject to disciplinary action.

ARTICLE 3: APPELLATE PROCEDURE

Section 3.1: Appeals from Trial Courts

(a) Any party to a civil or criminal case may appeal to an appellate court from a final judgment or order of a trial court.

(b) The procedures for perfecting an appeal shall be as provided by law, and shall include requirements for filing a notice of appeal, serving notice on all parties, and preparing and filing a record on appeal.

(c) The appellate court shall review the record on appeal and may consider oral argument, briefs, and other materials submitted by the parties.

Section 3.2: Appellate Review Standards

(a) The appellate court shall review the trial court's findings of fact for clear error, and shall review the trial court's legal conclusions de novo.

(b) The appellate court may reverse or modify the trial court's decision if it finds that the trial court committed an error of law, abused its discretion, or that the decision is not supported by the evidence.

(c) The appellate court's decision shall be final, subject to review by the Court of Appeals.

TITLE 6: PROPERTY OWNERSHIP

CHAPTER 1: OWNERSHIP AND TRANSFER

ARTICLE 1: GENERAL PROVISIONS

Section 1.1: Ownership of Property

(a) The ownership of property may be held by individuals, corporations, partnerships, or other legal entities, as provided by law.

(b) Property ownership includes the right to use, sell, transfer, lease, mortgage, and otherwise dispose of the property, subject to applicable laws and regulations.

(c) Ownership of property may be subject to encumbrances, such as mortgages, liens, and easements, which may affect the owner's rights and obligations.

Section 1.2: Transfer of Property

(a) Property may be transferred by sale, gift, bequest, or other means as provided by law.

(b) The transfer of real property shall be evidenced by a written instrument, such as a deed, which shall be recorded in the appropriate public records office.

(c) The transfer of personal property may be evidenced by a written instrument, such as a bill of sale, or by delivery of possession.

ARTICLE 2: LANDLORD-TENANT LAW

Section 2.1: Rental Agreements

(a) A rental agreement shall be in writing and shall include the names of the landlord and tenant, the rent amount and payment terms, the length of the lease term, and any other terms and conditions agreed upon by the parties.

(b) A landlord may require a security deposit, subject to certain limitations as provided by law.

(c) A landlord shall provide a copy of the rental agreement to the tenant and shall comply with all applicable laws and regulations governing rental housing.

Section 2.2: Tenant Rights

(a) A tenant shall have the right to a habitable dwelling, free from dangerous or unsanitary conditions.

(b) A tenant shall have the right to reasonable notice before any landlord entry into the rental unit, except in cases of emergency.

(c) A tenant shall have the right to privacy and shall not be subject to unreasonable searches or seizures.

ARTICLE 3: EMINENT DOMAIN

Section 3.1: Taking of Property

(a) The government may take private property for public use, subject to the payment of just compensation.

(b) Just compensation shall be determined by a fair market value appraisal of the property, and may include damages for any loss of access, business, or other economic interests.

(c) Any property owner who disputes the amount of just compensation may contest the government's valuation in court.

Section 3.2: Limitations on Eminent Domain

(a) The government shall not take private property for private use or benefit, except as provided by law.

(b) The government shall not take private property without providing just compensation, as required by the Constitution.

(c) The government shall provide notice and an opportunity for public comment before any proposed taking of private property.

TITLE 7: GANG ACTIVITY

Section 1: Definitions

To properly enforce the laws surrounding gang activity, it is important to have a clear understanding of specific terminology. As such, this section outlines key definitions that will be used throughout the law.

"Street gang" refers to any group of individuals who engage in criminal activity, associate on a regular or ongoing basis, and have a common identifying sign, symbol or name.

"Racketeering activity" refers to any criminal activity that has the potential to generate income, including but not limited to extortion, drug trafficking, and money laundering.

"Associate" refers to an individual who knowingly assists a gang, either by committing criminal acts on their behalf or by providing support such as funding or information.

Section 2: Gang Membership

It shall be unlawful for any individual to knowingly participate in and/or become a member of a street gang, or to encourage or solicit others to join such a group.

Any individual found guilty of gang membership shall be subject to fines, imprisonment, or both, as determined by the severity of their actions.

Section 3: Gang Activity

It shall be unlawful for any street gang to engage in any criminal activity, including but not limited to drug trafficking, extortion, and violence.

Individuals found to be participating in or supporting gang activity shall be subject to fines, imprisonment, or both, as determined by the severity of their actions.

Additionally, any property or assets gained through gang activity shall be subject to seizure and forfeiture by law enforcement.

Section 4: Gang Recruitment

It shall be unlawful for any individual or group to recruit members into a street gang, or to provide material support or assistance to gang recruitment efforts.

Individuals found guilty of gang recruitment shall be subject to fines, imprisonment, or both, as determined by the severity of their actions.

Section 5: Racketeering

It shall be unlawful for any street gang to engage in racketeering activity, including but not limited to extortion, embezzlement, and money laundering.

Individuals found to be participating in or supporting racketeering activity shall be subject to fines, imprisonment, or both, as determined by the severity of their actions.

Additionally, property or assets gained through racketeering activity shall be subject to seizure and forfeiture by law enforcement.