Town of Smithtown, NY Chapter 81 Traffic Violations Bureau

[HISTORY: Adopted by the Town Board of the Town of Smithtown 7-12-1988. Amendments noted where applicable.]

GENERAL REFERENCES

Traffic Safety Board — See Ch. 78.

§ 81-1 Purpose.

For the purpose of assisting the District Court of the County of Suffolk 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 Town Board of the Town of Smithtown is hereby authorized to establish a Traffic Violations Bureau to hold hearings with regard to such offenses and to have a hearing officer preside at such hearing.

§ 81-2 Authority of Town Board.

The Traffic Violations Bureau shall be in charge of such person or persons and shall be open at such hours as the Town Board may designate. The Town Board shall also be responsible for the administration of the Bureau, and further, the District Court of the County of Suffolk is not responsible with regard to the staffing or financing of such Bureau.

§ 81-3 Minor traffic violations.

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 "passing a stopped school bus" or a misdemeanor or felony.

§ 81-4 Payment of fines.

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 charges and giving a power of attorney to the person in charge of the Bureau to make such a 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.

§ 81-5 Certain cases not to be handled by Bureau.

Any person having been guilty of three or more violations of the traffic laws, ordinances, rules or 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.

§ 81-6 Powers and duties.

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 warning him 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 five 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 an 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 Board of the Town of Smithtown.

§ 81-7 Power of attorney.

The power of attorney referred to in § 81-4 hereof shall be in the following form:

	POWER OF ATTORNEY: The undersigned pleads guilty to the charge noted hereon and enclose herewith the sum of $ ________ cash, check or money order to pay the necessary fine. (Circle the one used.)
	I hereby appoint the Clerk of the Smithtown Traffic Violations Bureau as my attorney-in-fact to appear for me in said Bureau, to enter a plea of guilty on my behalf and to pay the above fine to such Court if acceptable.
		Make all checks payable to:
		"SMITHTOWN TRAFFIC VIOLATIONS BUREAU"
	Signed
	Print your name
	Address

§ 81-8 Right to counsel.

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.

§ 81-9 Fines to be paid to Bureau.

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 Traffic Violations Bureau of the Town of Smithtown.

§ 81-10 Appeals.

[Added 9-27-1994]

A. Authority.

(1) There shall be an Appeals Board within the Traffic Violations Bureau which shall consist of three or more duly qualified hearing examiners. The hearing examiner who hears and determines the matter being appealed from shall not be a member of the particular appeal panel as to that specific appeal, but may otherwise be a member for other matters in which he or she did not preside and make a determination.

(2) The Appeals Board may not consider evidence not presented to the hearing examiner in the original hearing. The Appeals Board may review the facts and the law in the matter appealed from on the basis of error of fact or law. Otherwise, the Appeals Board must affirm the determinations being appealed.

(3) Appeals may only be from final determinations after hearings made on the record and ex parte hearings or denials of applications (motions) to open a default judgment entered within six months.

(4) No appeal may be had where a plea of guilty or guilty with an explanation was entered by the respondent.

B. Appeal procedure.

(1) A respondent aggrieved by the final determination of a hearing examiner by the plea of not guilty or a decision of a hearing examiner denying a motion to vacate a default judgment may obtain an appeal by filing a notice of appeal along with a filing fee of $75 (cash, certified check or money order only). The filing fee of $75 for the appeal includes the cost of providing the respondent with a transcript of the proceeding that is appealed.

(2) The notice of appeal must be in writing on a form obtained from the Traffic Violations Bureau and filed personally with the officers of the Traffic Violations Bureau during the ordinary business hours of said Bureau within 30 calendar days of the entry date of the final determination(s) or decision(s). The notice of appeal may also be filed within the same time period by mail, provided that it is mailed by certified or registered mail, return receipt requested, addressed to the Traffic Violations Bureau at its offices at 65 Maple Avenue, Smithtown, New York 11787.

(3) Before the filing of a notice of appeal, the respondent shall have either posted a cash or recognized surety company bond in the full amount of the final determination(s) appealed from or have paid all fines and penalties assessed by such determination(s).

(4) The notice of appeal must set forth the reasons why the final determination(s) or denial of a motion to vacate a default judgment should be reversed or modified.

(5) If the respondent wishes a transcript of the proceedings, he or she must so indicate at the time of the filing of the notice of appeal. Upon such request, the transcript of the proceedings will be furnished to the respondent by mail within 30 calendar days of the filing of the notice of appeal. If the respondent or his or her attorney wishes to be present at the hearing on appeal, such request to appear must be expressly noted on the notice of appeal itself.

(6) Briefs shall not be required, but if the respondent or his or her counsel wishes to file a brief, it must be indicated on the notice of appeal. When the questions are presented on appeal can be determined without an examination of all the pleadings and proceedings, the respondent or counsel may prepare a written statement showing how the questions arose and where decided by the hearing examiner and set forth only so much of the facts alleged to be proven or sought to be proven as are necessary to a decision on the questions raised on appeal.

(7) Whether the filing is a brief or written statement, it must be filed in triplicate with the Traffic Violations Bureau within 45 days of the filing of the notice of appeal. The filing of a brief or statement must be done either personally at the offices of the Parking Violations Bureau or by certified or registered mail, return receipt requested, to the offices of said Bureau.

C. Scheduling and conduct of the appeal.

(1) When the respondent has requested to appear at the appeal hearing, the Traffic Violations Bureau shall notify the respondent and his or her counsel of the date, time and place where the appeal shall be held. No appeal shall be conducted fewer than 45 days after the filing of the notice of appeal. When no request has been made by the respondent or counsel to be present at the appeal hearing, no other notice shall be sent to the respondent or counsel.

(2) The appeal shall be heard and determined only upon the record of the hearing before the initial hearing examiner, the notice of appeal itself, any written statement or brief filed by the respondent or counsel and any oral argument, if so presented.

(3) All appeals shall be submitted without oral argument unless specifically requested in writing at the time of the filing of the notice of appeal by the respondent or counsel.

(4) The respondent and counsel shall be notified of the decision of the Appeals Board in writing within 60 days of the hearing date.

(5) The determination of the Appeals Board shall be the final determination within the Traffic Violations Bureau. Judicial review may be sought pursuant to Article 78 of the New York State Civil Practice Laws and Rules.

(6) Failure by any respondent to furnish or supply any relevant material required by this section within the specified time allotted shall be deemed an abandonment of such appeal and shall automatically be dismissed by the hearing examiners, who shall make a notation on the notice of appeal to that effect.

D. Appeals Board determination(s).

(1) The Appeals Board shall have the authority to either dismiss the violation(s), uphold the original determination(s) or modify the original determination(s) by reducing fines and/or penalties.

(2) In the event that the Appeals Board determines that the violation(s) should be dismissed, then the respondent will:

(a) Be refunded the $75 notice of appeal filing fee, less $2.50 per page for the cost of the transcript of the original hearing if requested by the respondent; and

(b) Be refunded the fines and/or penalties paid for the violation(s) appealed or, if the respondent posted a cash or recognized surety company bond, the Traffic Violations Bureau will release such bond back to the respondent.

(3) In the event that the Appeals Board determines that the violation(s) should be modified, then the respondent will:

(a) Be refunded only the difference between the fines and/or penalties paid for the violations appealed and the modified determination made by the Appeals Board; and

(b) In the case where a cash or recognized surety company bond was posted, then the respondent must first pay the modified Appeals Board determination before the Traffic Violations Bureau will release the bond back to the respondent.

(c) In no event will the $75 filing fee be refunded if the original determination(s) are modified. The respondent is only entitled to a refund of the filing fee less the transcript costs if the original determination(s) are dismissed.