Appendix C: Local Laws



Chapter 29 - Advertising

 

§ 29-1. Posting prohibited.

No person shall paste or hang any handbill, notice, placard or other advertising matter (except legal notices) upon any post, utility pole, tree, fence or other object in the streets, ways or public grounds of the village, except upon billboards authorized and located by the Board of Trustees of the Village of Geneseo.

 

§ 29-2. Penalties for offenses.

Any person who violates any provision of this chapter shall be guilty of an offense, as defined in the Penal Law of the State of New York, and shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.

 

 

Chapter 33 – Alcoholic Beverages

 

33-1.  Intent.

The Board of Trustees of the Village of Geneseo hereby finds and declares it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Geneseo.

 

33-2. Definitions.

For the purpose of this chapter, the following terms used herein shall have the following meanings:

ALCOHOLIC BEVERAGE—Any alcoholic beverage as so defined by the Alcoholic Beverage Control Law.

CONTAINER—Includes any bottle, can, cup or glass receptacle suitable for or used to hold any liquid.

PUBLIC PLACE—A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, alley, bypass, sidewalk, parking area, shopping area, playground, park or recreation facility located within the Village of Geneseo, except that the definition of a “public place” shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property that is not a “public place” as defined in this section.

SPECIAL EVENT—Includes a fair, picnic, block party, sidewalk activity or other community gathering in any public place.

 

33-3. Carrying of open containers prohibited.

No person shall carry, transport or have in his possession with the intent to consume in any public place, other than permitted public places, any open, resealed or partly empty bottle, can, container or similar article containing an alcoholic beverage of any kind or description as defined by the Alcoholic Beverage Control Law.

 

33-4. Deposit of containers prohibited.

No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public place as herein defined in 33-2.

 

33-5. Penalties for offenses.

Any person who violates any provision of this chapter shall be guilty of an offense, as defined in the Penal Law of the State of New York, and shall, upon conviction thereof, be subject to a fine not to exceed two hundred fifty dollars ($250.) or to imprisonment for a term not to exceed fifteen (15) days, or both.

 

 

Chapter 44 - Dogs

 

§ 44-1. Title.

This chapter shall be known as the "Dog Control Chapter of the Village of Geneseo."

 

§ 44-2. Purpose.

The purpose of this chapter shall be to preserve the public peace and good order in the village and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of other residents of the village.

 

§ 44-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CONTROL -- That the dog will respond to the command, order or signal of the owner or other responsible person and that the owner or other responsible person shall at all times, by his command, order or signal, prevent his dog from bothering, worrying, annoying, chasing or barking at any person or animal.

DOG -- Includes any dog of either sex and of any age, unless otherwise indicated herein.

DOG WARDEN -- The person appointed to assist in the enforcement of this chapter.

OWNER -- Includes all persons owning, harboring or keeping a dog within the limits of the village and the parent, guardian or other adult person with whom a minor dog owner resides.

PACK -- Three or more dogs.

RUN AT LARGE -- To move about, over, across or upon any public or private property, premises, street, alley or thoroughfare other than that of the owner, when not under the control of the owner or other responsible person.

 

§ 44-4. General restrictions.

A.  The owner of any dog shall not allow, suffer or permit his dog to run at large within the village at any time except when such dog is restrained by a leash or unless accompanied by its owner or other responsible person in full control of such dog.

B.  No unspayed female dog in season shall be permitted to be outside a building or fenced enclosure.

 

§ 44-5. Nuisances prohibited.

A.  No person being the owner or agent of any dog shall permit such dog to commit any nuisance within the village or cause damage to the person or property of others. The following are declared public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances:

(1) Engaging in loud howling or habitual barking or conducting itself in such a manner as to disturb the public peace.

(2) Habitually chasing and/or barking at moving vehicles or persons on foot.

(3) Jumping upon any person or knocking any person over.

(4) Being found upon the school yard of any of the schools of the village during the time of year when the schools are open between one hour prior to commencement of the school day and one hour after the end of the school day.

(5) Running together in a pack or in any way forming a pack.

(6) Causing damage to property of others, including, but not by way of limitation, the upsetting and strewing of garbage.

B.  No owner or harborer of a dog shall permit or allow such dog to urinate, defecate or commit any nuisances or damage to public property in any park, public building, street, parking lot, alley, sidewalk or on any private property of another without the consent of such owner.

C.  Any person owning, harboring or having the care, custody or charge of any dog, when such dog is housed or confined, shall so house and confine such dog in a place so constructed as to prevent the disturbance of persons residing in the neighborhood by the habitual or continued barking of such dog.

 

§ 44-6. Seizure of untagged dogs.

The Dog Warden or any peace officer of the village or designated representative of the Commissioner of Agriculture and Markets shall seize any dog found at large not wearing a license tag required by Article 7 of the Agriculture and Markets Law of this state.

 

§ 44-7. Procedure for seizure; notice; redemption.

A.  The Dog Warden or any peace officer of the village or designated representative of the Commissioner of Agriculture and Markets shall seize any dog which is found at large in violation of § 44-4 of this chapter or which is found at large and in violation of § 44-5 of this chapter.

B.  Every dog so seized shall be kept, properly fed and cared for at the expense of the Village of Geneseo at such kennel or other place as the village may designate until disposition thereof as herein provided and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.

C.  If a dog is seized for a violation§ 44-4 or 44-5 and the dog is wearing a license tag, the Dog Warden or peace officer shall ascertain the owner of the dog and shall give immediate notice to the owner or an adult member of his family with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed as herein provided.

D.  If a dog is seized for violation of §§ 44-4 and/or 44-5 and the dog is wearing a license tag, the owner may redeem the dog within 10 days by paying the Village Clerk, or such other official of the village as the Dog Warden may indicate upon the notice to the owner, the sum of $10 as a seizure fee, plus the cost of care. [Amended 6-17-1985 by L.L. No. 2-1985 EN]

E.  If a dog is seized pursuant to § 44-6 hereof only, the owner may redeem the dog within three days by producing to the person seizing the dog, or such person as may be designated by the Dog Warden in the notice of seizure, a license for the dog and by paying to the Village Clerk, or such village official as the Dog Warden may designate in his notice of seizure, the sum of $10, $20 or $30 as a seizure fee, plus the cost of care, as stipulated in § 118, Seizure of dogs; redemption periods; impoundment fees; adoption, in Article 7 of the Agriculture and Markets Law. [Amended 6-17-1985 by L.L. No. 2-1985]

F.  If an owner is entitled to redeem a dog pursuant to Subsection D and/or E above and if not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or caused to be destroyed by the peace officer or the Dog Warden. In the case of sale, the purchaser must pay the purchase price to the Village Clerk or Village Treasurer and, if the dog is not licensed, obtain a license for such dog. The person who destroys a dog shall immediately dispose of the same and make a written report of such destruction and disposition to the Village Clerk of the Village of Geneseo, who shall keep a record thereof.

 

§ 44-8. Dangerous dogs.

Any dog which shall attack any person or domestic animal within the meaning of Article 7 of the Agriculture and Markets Law of the State of New York shall be dealt with in accordance with Article 7 of the Agriculture and Markets Law.

 

§ 44-9. Jurisdiction.

The Village Justice of the Village of Geneseo shall have jurisdiction to hear all complaints under this chapter and of all actions and proceedings hereunder and of all prosecutions for the violation of this chapter.

 

§ 44-10. Dog Warden.

The position of Dog Warden is hereby created. The Dog Warden shall be appointed by the Village Board and shall be removable at the pleasure of the Village Board. It shall be the duty of the Dog Warden to enforce the provisions of this chapter, as well as the Agriculture and Markets Law of the State of New York, with respect to dogs in the Village of Geneseo and to seize all dogs found at large in violation of this chapter or which are ordered seized by the Justice of the Village of Geneseo; and, for the purposes of this chapter, such a Dog Warden is deemed to be a peace officer.

 

§ 44-11. Complaints.

Any person who observes or has knowledge of a dog causing damage to property of a person other than its owner, violating any section of this chapter or permitting a nuisance upon the premises of a person other than its owner may file a signed complaint or affirmation under oath with the Dog Warden of the Village of Geneseo, specifying the objectionable conduct of the dog, the date thereof, the damage caused, the description of the dog and the name and residence, if known, of the owner or other person harboring the dog.

 

§ 44-12. Issuance of appearance tickets.

Upon receipt by the Dog Warden of any complaint against the conduct of any particular dog for a violation of any provision of this chapter or in the event that any dog is found by the Dog Warden of the Village of Geneseo to be in violation of any provision of this chapter, the Dog Warden may issue an appearance ticket to the alleged owner or other person harboring the dog to appear before the Village Justice of the Village of Geneseo, the appearance ticket to be issued by the Dog Warden or other peace officer of the village and to state the name and residence, if known, of the owner or other person harboring the dog, the complaint, the date and time of the alleged violation, the nature of the violation and time and place at which the owner of the dog is required to appear in court If the appearance ticket is disregarded, the Dog Warden may file an information with the Justice of the Village of Geneseo, and the court shall then issue a warrant for the arrest of such person.

 

§ 44-13. Penalties for offenses.

A violation of this chapter shall be deemed an offense against this chapter and shall be punishable by a fine not to exceed $50. Each separate offense shall constitute a separate additional violation. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the Agriculture and Markets Law of the State of New York.

 

Chapter 77 - Noise

 

§ 77-1. Legislative intent.

The peace and tranquility of the village has been continually and unnecessarily disrupted by excessive, disturbing and offensive noises, and the level and frequency of such disturbances continue to increase. The level of these noises adversely affects the health, comfort, convenience, safety and welfare of persons within the village. All persons are entitled to an environment free of disturbing, excessive or offensive noises that are detrimental to life, health or personal peace and tranquility. This chapter is to be construed liberally, but is not intended to be construed so as to discourage the enjoyment of normal, reasonable and usual activities.

 

§ 77-2. Prohibited acts.

A.  No person, acting with intent to cause public inconvenience, annoyance or alarm, or acting with reckless disregard of the effects on others, shall cause, suffer, allow or permit the creation of unreasonable noise, For purposes of this law, unreasonable noise is any disturbing, excessive or offensive sound that annoys a reasonable person of normal sensibilities.

B.  The following acts are declared to be prime facie evidence of a violation of this chapter. This enumeration is not be deemed as exclusive.

(1) Any unnecessary noise from any source between the hours of 11:00 p.m. and 7:00 a.m. the following day.

(2) Noise from a dog or other privately owned animal that continues with only minor interruptions for 15 minutes or more.

(3) Noise from a burglar or other alarm system of any building, motor vehicle or boat which continues with only minor interruptions for five minutes or more. (See also § 77-3, infra.)

(4) Noise from any sound reproduction system operating or playing any radio, CD or tape player, television or similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from its source or beyond any property line.

(5) Noise from public bars, restaurants, public party houses, bowling alleys or the like so loud as to be annoying to a reasonable person when heard 60 feet from, or beyond the property line of, the establishment.

(6) The erection, including excavation, demolition, alteration or repair of any structure other than between 7:00 a.m. and 9:00 p.m. except in case of an emergency public safety requirement.

(7) The operation of a motor vehicle, motorcycle, lawn tractor or other gasoline or diesel engine that, due to modifications or through normal wear and tear, emits a sound greater than that emitted as originally manufactured.

(8) The operation of power equipment such as tractors, mowers, power saws and similar noise-producing equipment in residential zones on weekdays between the hours of 10:00 p.m. and 7:00 a.m. the following day, and on weekends between 10:00 p.m. and 8:00 a.m.

(9) The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.

(10) The making of improper noise or disturbance or operating an automobile or motorcycle in such a manner as to cause excessive motor roar, or excessive squealing of the tires.

(11) Shouting or other outcry or clamor upon the public streets or sidewalks for the purpose of selling or otherwise attracting attention.

 

§ 77-3. Abatement of excessive noise.

The Geneseo Police are directed to take any reasonably necessary action to abate the noise created by an unattended mechanical device such as an engine, alarm or the like when a person responsible for the device or a person who can silence the device is not present and cannot be contacted in a reasonably short time.

 

§ 77-4. Exceptions.

The provisions of this law shall not apply to the following acts:

A.  The emission of sound for the purpose of alerting persons to the existence of an emergency.

B.  Noise from municipally sponsored celebrations or events.

C.  Noise from individually sponsored events where a permit for the event has been obtained from the Village Clerk. When authorized by the Village Board, the Village Clerk is authorized to issue a permit for a wedding reception or similar event to be held outdoors or in a tent, with music provided by a band, orchestra or sound reproduction equipment, provided that the sound levels are not annoying to a reasonable person when heard at a distance of 500 feet from its source and provided that the event does not continue beyond 10:00 p.m. and is limited to a maximum duration of four hours. The intended hours of the event shall be furnished to the Village Clerk at the time of application for permit and shall be listed on the permit. Other reasonable conditions which conform to the intent and purposes of this chapter may be imposed upon the issuance of such permits which are not authorized more frequently than once in any six-month period for the same property. The Village Board reserves the right to limit the number and frequency of permits granted in any geographic area of the Village of Geneseo. A copy of each permit along with the conditions limiting such permit will be provided to the Village Police Department. [Amended 5-18-1998 by L.L. No. 5-1998]

D.  The operation or use of any organ, radio, bell, chimes or the like by any church, synagogue or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.

E.  Noise generated by the installation and maintenance of utilities.

F.  Music in connection with a military or civic parade, funeral procession or religious service authorized by the village.

G.  Authorized sporting events.

 

 

Chapter 86 – Property Maintenance

 

§ 86-1. Title.

This chapter shall be known as the "Property Maintenance Code of the Village of Geneseo" and may be referred to in this chapter as the "Property Maintenance Code" or as "this code."

 

§ 86-2. Purposes.

The purposes of this chapter shall be to:

A.  Provide for the public health, safety and welfare.

B.  Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.

C.  Avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties.

D.  Prevent the creation, continuation, extension or aggravation of blight.

E.  Preserve property values in the village.

F.  Prevent the physical deterioration or progressive downgrading of the quality of housing facilities in the village.

G.  Maintain the value and economic health of the commercial properties and businesses that serve and help to support the village and its citizens.

H.  Prevent and eliminate physical conditions in or on property which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist.

I.  Establish minimum standards governing the maintenance and condition of land, buildings, structures and premises in the village.

J.  Fix responsibilities and duties therefore upon owners, lessees, operators and occupants of property.

K.  Provide for administration and enforcement.

L.  Fix penalties for the violation of this code.

 

§ 86-3. Definitions.

For the specific purpose of this code, the following terms, whenever used herein or referred to in this code, shall have the respective meanings given to them hereunder, unless a different meaning clearly appears from the context:

 

EXTERIOR OF PREMISES -- Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto, and the open land space of any premises outside of any building or structure erected thereon.

 

NUISANCE:

A.  Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New York or its governmental agencies or the ordinances or local laws of the village.

B.  Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of the premises where such condition exists.

OCCUPANT -- Any person having actual possession, use or occupancy of a dwelling premises or rooming unit or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.

OPERATOR -- Any person, persons or entity, not the owner, who has charge, care or control of a dwelling or premises or a part thereof, with or without the knowledge, consent or authority of the owner.

OWNER -- Any person, persons or entity who shall have legal title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building or structure or part thereof as owner or agent of the owner or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this chapter and shall have responsibility over the portion of the premises so sublet, leased or assigned.

PREMISES -- A lot, plot or parcel of land or right-of-way, including the building or structures thereon.

REFUSE or RUBBISH -- All discarded, useless, unusable, unused or worthless solid waste matter or materials, including but not limited to garbage, trash, ashes, paper, paper goods and products, wrappings, cans, bottles, containers, yard clippings, garden waste, debris, junk, glass, boxes, crockery, wood, mineral matter, plastic, rubber, leather, furniture, household goods, appliances, bedding, scrap lumber, scrap metal, construction material, inoperable machinery or parts thereof, garden or farming implements and supplies, dead or rotting vegetation, tires, abandoned, inoperative or unusable automobiles and vehicles and solid commercial or industrial waste.

 

§ 86-4. Compliance required.

Every residential and nonresidential building or structure and the premises or part of the premises on which it is situated, including vacant lots, are required to comply with the provisions of this code.

 

§ 86-5. Conflict with other provisions.

In any case where the provisions of this code impose a higher or stricter standard than set forth in any other ordinance, local law or regulation of the village or under the laws or regulations of the State of New York or any of its agencies, then the standards as set forth herein shall prevail.

 

§ 86-6. Effect of compliance.

Compliance with this code shall not constitute a defense against any violation of any other ordinance or local law of the village applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this code.

 

§ 86-7. Responsibility for violations.

Owners, operators and occupants shall have all of the duties, obligations and responsibilities prescribed in this code, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder nor be entitled to assert, as a defense against any charge made against him or them for violation of this code, the fact that another owner, operator or occupant or any third person or entity is also responsible therefore and in violation thereof.

 

§ 86-8. Compliance with Uniform Fire Prevention and Building Code required.

Any alterations to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this code shall be done in accordance with all applicable sections of the New York State Uniform Fire Prevention and Building Code.

 

§ 86-9. Applicability of zoning provisions.

Nothing contained in this code or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the village.

 

§ 86-10. Effect on existing remedies.

Nothing in this code shall be deemed to abolish or impair existing remedies of the village or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.

 

§ 86-11. Responsibility for compliance.

In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner, operator or occupant of premises to comply with any or all of the requirements and standards of this chapter to keep the premises free from conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.

 

§ 86-12. Maintenance of exterior of premises.

The exterior of all premises shall be kept free of the following matter, material or conditions:

 

A.  Refuse or rubbish as hereinbefore defined.

B.  Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.

C.  Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.

D.  Structurally unsafe or unsound buildings, structures or fences.

E.  Rodents, vermin, pest infestations or rodent harborages.

F.  Nuisances as hereinbefore defined.

G.  Vehicles or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of visible disrepair.

H.  Dangerously loose and overhanging objects, which would threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.

I.  Inadequate or unsafe foundation walls, retaining walls, piers and columns and other similar structurally unsound, damaged or defective load-bearing components which are incapable of bearing imposed loads safely at all points.

 

§ 86-13. Additional responsibilities.

Without limitation by the foregoing, it shall also be the duty and responsibility of owners, occupants and operators to keep the exterior of all premises structurally sound, in good general repair and sufficiently maintained, to an extent so as to prevent and avoid conditions that violate the purpose of this chapter as hereinabove set forth.

 

§ 86-14. Designation of enforcing official.

The Zoning Enforcement Officer of the village is hereby designated as the officer charged with the enforcement of this chapter and is hereinafter referred to as the "Zoning Enforcement Officer."

 

§ 86-15. Notice of violation; issuance of summons.

A.  Whenever the Zoning Enforcement Officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violation to the person, persons or entities responsible therefore under this chapter. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax lists of the municipality, or a copy thereof handed to such person or persons, or a copy thereof left at the usual place or abode or office of such persons or entities. Notice shall be given as aforesaid within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice (exclusive of the date of service) a summons shall be issued for such violation. The Zoning Enforcement Officer may, at the time he issues the notice, extend the period for compliance with the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation of or cure of the condition violated cannot reasonably be effected within the ten-day period. In such cases, the Zoning Enforcement Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days.

B.  In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the ten-day period or within such period as set forth in the notice, pursuant to the foregoing, a summons shall then issue against the person, persons, entity or entities so notified.

 

§ 86-16. Emergency conditions.

Whenever the Zoning Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 86-15 reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon objection in writing to the Zoning Enforcement Officer, any such persons shall be afforded a hearing before the Village Board of Trustees as soon as is reasonably possible. After such a hearing and decision by the Trustees as to the existence or nonexistence of the emergency condition, the Village Board of Trustees may continue such order in effect, or modify or withdraw it, subject to issuance of a summons for violation thereof, if such order is continued.

 

§ 86-17. Penalties for offenses.

A.  Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after a summons is issued and upon conviction, be punishable by a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both, in accordance with § 382 of the Executive Law.

B.  Each violation of any of the provisions of this chapter and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.