[HISTORY: Adopted Orangetown Town Board 4-26-1971 by Local Law
No. 2, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Parking areas — See Ch. 23A.
Pearl River Parking Lot — See Ch. 24.
Parking meters — See Ch. 26.
Vehicle and traffic — See Ch. 29.
Vehicle and traffic regulations: shopping places — See Ch. 40.
Be it enacted by the Town Board of the Town of Orangetown as
follows:
This local law shall be known as the "Local Law Establishing
a Traffic Violations Bureau for the Town of Orangetown."
The Town Board of the Town of Orangetown, wishing to assist
the residents of the Town and the Justice Court in the disposition
of offenses relating to traffic and parking violations, does hereby,
pursuant to Article 14B, General Municipal Law, Section 370, et seq.,
create a Traffic Violations Bureau.
The Traffic Violations Bureau shall be authorized to dispose
of any violations of the traffic laws, ordinances, rules and regulations
when such offenses shall not constitute the traffic infraction known
as speeding or a misdemeanor or felony.
A.
Any individual may plead guilty to an offense within the
jurisdiction of the Traffic Violations Bureau by a written document
in such form as prescribed by the Traffic Violations Bureau, waiving
the right to trial and inclusion with said document of the payment
of such fine as shall be designated by the Justice Court for said
offense, provided such fines are within the limits established as
penalties for such offense.
B.
Within the time specified on the summons, a person may
appear personally, or by designated person, or by written power of
attorney, in such form as prescribed by the Traffic Violations Bureau,
before the Traffic Violations Bureau to answer the violation alleged.
Said violation may be satisfied by payment of the prescribed fine
and a writing waiving a court hearing. Fulfillment of said conditions
shall presumptively be considered a plea of guilty, which plea the
Bureau Director shall be authorized to enter.
C.
Fulfillment of said conditions shall be deemed complete
satisfaction for the violation, and the violator shall be given a
receipt which so states.
If a person charged with a traffic violation does not answer the violation, as prescribed in § 34A-5, within a time specified on the notice of violation, the Bureau shall cause a complaint to be entered against said person, and a warrant to be issued for said person's arrest and appearance before the court.
Any person who shall have been within the preceding 12 months
guilty of a number of parking violations in excess of a maximum number
to be established by the court, or of three or more violations other
than parking violations, shall not be permitted to appear and answer
to a subsequent violation before the Traffic Violations Bureau, but
must appear in court at a time specified by the Bureau.
The Traffic Violations Bureau shall not be authorized 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.
The Justice Court shall designate the fines to be paid for offenses
which may be satisfied at the Bureau, as provided in this ordinance,
provided such fines are within the limits established as penalties
for such offenses.
A.
The Traffic Violations Bureau shall keep a record of all
violations of which each person has been guilty, whether such guilt
was established in court or in the Bureau, and also a record of all
fines collected and the disposition thereof.
B.
The Bureau shall also perform such other or additional
duties and keep such other or additional records as shall be prescribed
by the court and/or the Town Board.
In the event that any portion of this local law shall be declared
invalid by a court of competent jurisdiction, such invalidity shall
not be deemed to affect the remaining portion hereof.
A Traffic Violations Bureau shall be established within 10 days
after adoption of this local law by the Town Board.
