[HISTORY: Adopted by the Town Board of the
Town of New Castle 5-14-1974 by L.L. No. 3-1974. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicle and traffic regulations — See Ch. 123.
For the purpose of assisting the Justices of
the Town of New Castle in the disposition of offenses in relation
to traffic violations, pursuant to the provisions of Article 14-B,
§§ 370, 371 and 372 of the General Municipal Law, the
Justices of the Town of New Castle are hereby authorized to establish
a Traffic Violations Bureau.
The Traffic Violations Bureau shall be in the
charge of such person or persons and shall be open at such hours as
the Justices may designate.
The Traffic Violations Bureau so established
is authorized to dispose of violations of traffic laws, ordinances,
rules and regulations when such offenses shall not constitute any
traffic infraction known as speeding or a misdemeanor or felony.
A person who has received a notice as provided
in this chapter may, within the time specified in said notice, answer
at the Traffic Violations Bureau to the charges set forth in such
notice, either in person or by written power of attorney, by paying
a prescribed fine and, in writing, waiving a hearing in court, pleading
guilty to the charge and giving a power of attorney to the person
in charge of the Bureau to make such plea and to pay such a fine in
Court. Acceptance of the prescribed fine and power of attorney by
the Traffic Violations Bureau shall be deemed complete satisfaction
for the violation, and the violator shall be given a receipt which
so states.
Any person having been guilty of three or more
violations of the traffic laws, ordinances, rules and regulations
within the 12 preceding months shall not be permitted to pay a fine
at the Traffic Violations Bureau but must appear in court at a time
specified by the Bureau.
The duties of the Traffic Violations Bureau
shall be as follows:
A.
It shall accept designated fines, issue receipts and
represent in court such violators as are permitted to plead guilty
in accordance with this chapter and who desire to so plead guilty,
waive a court appearance and give a power of attorney.
B.
It shall keep an easily accessible record of all violations
of which each person has been guilty during the preceding 12 months,
whether such guilt was established in court or in the Traffic Violations
Bureau.
C.
If a violator of the traffic laws, ordinances, rules
or regulations does not appear and answer in response to a notice
as provided in this chapter, the Traffic Violations Bureau shall send
to the owner of the motor vehicle to which the notice was affixed
a letter of warning that he will be held responsible for the appearance
of the offender and that in the event that such letter is disregarded
for a period of two days, a complaint will be filed and a warrant
of arrest issued.
D.
In the event that any person fails to comply with
a notice as provided in this chapter or fails to make appearance pursuant
to a summons directing an appearance in the Traffic Violations Bureau
as provided by this chapter, the Traffic Violations Bureau shall forthwith
have a complaint entered against such person and secure and issue
a warrant for his arrest. The Traffic Violations Bureau shall not
accept any fines for such person but shall consider every such person
entirely under the jurisdiction of the court.
E.
The Traffic Violations Bureau shall keep records of
all notices issued and arrests made for violations of the traffic
laws, ordinances, rules and regulations and of all the fines collected
by the Traffic Violations Bureau and of the final disposition or present
status of every case of violation of the provisions of the traffic
laws, ordinances, rules and regulations. These reports shall be public
records.
F.
The Traffic Violations Bureau shall perform such other
or additional duties and keep such other and additional records as
shall be prescribed by the Town Justices of the Town of New Castle.
The power of attorney referred to in § 32-4 hereof shall be in the following form:
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I, the undersigned, hereby waive a hearing in
the court of the Town of New Castle, New York, and plead guilty to
the charge specified in the annexed summons. I authorize the person
in charge of the Traffic Violations Bureau of said court to make such
a plea and pay the prescribed fine in court.
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Dated the........ day of................ 19....
......................................................
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IF NOT PAID ON OR BEFORE RETURN DATE, FINE MAY
BE DOUBLED.
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Return This Summons With Your Name and Address
To:
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Special Sessions Court, 200 S. Greeley Ave.,
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Chappaqua, New York 10514
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Nothing contained in this chapter
shall authorize the Traffic Violations Bureau to deprive a person
of his right to counsel or to prevent him from exercising his right
to appear in court to answer to, explain or defend any charge of a
violation of any traffic law, ordinance, rule or regulation.
All fines collected upon conviction or plea
of guilty of any person charged with a violation of any traffic law,
ordinance, rule or regulation shall be paid to the Justice Court of
the Town of New Castle.
