[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 98.
[Adopted 5-14-1956 by Ord. No. 66 (Ch. 19 of the 1975 Code)]
For the purpose of assisting the Village Justice of the Village
of Farmingdale in the disposition of offenses in relation to traffic
violations, pursuant to the provisions of Article 14-B of the General
Municipal Law, said Village Justice is hereby authorized to establish
a Village Justice Court.
The Village Justice Court shall be in charge of such person
or persons and shall be open at such hours as the Village Justice
of the Village of Farmingdale may designate.
[Amended 11-1-2021 by L.L. No. 9-2021]
The Village Justice Court so established is hereby authorized to dispose of violations of traffic laws, ordinances, rules and regulations by permitting a person charged with the violation of a traffic law, ordinance, rule and regulation, to answer within such time as may be specified by the Village Justice of the Village of Farmingdale at the Village Justice Court either in person or by written power of attorney in such form as is prescribed in § 15-4 of this chapter, by paying a fine prescribed by such Village Justice, and in writing waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Bureau to make such a plea, and paying a fine in court. The Village Justice Court shall have such jurisdiction and follow such procedure as are prescribed by Article 14-B of the General Municipal Law of the State of New York.
A.
The power of attorney referred to in § 15-3 of this chapter shall be in substantially the following form:
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"I __________, did violate (state section of Vehicle and Traffic
Law, or ordinance of the Village violated) on the __________ day of
_________ 20_____, and do hereby waive a hearing in Court and plead
guilty to the charge and authorize the person in charge of the Village
Justice Court to make such a plea and pay a fine of $_____. The Village
Justice Court has informed the undersigned of the right to counsel
and of the right to appear in Court to answer to, explain or defend
any charge of violation of any traffic law, ordinance, rule or regulations,
and the undersigned hereby waives such rights."
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B.
The Village Justice of the Village of Farmingdale may require such
other information to be included in such authorization and waiver
as he may determine to be necessary to enforce the provisions of this
chapter and Article 14-B of the General Municipal Law.
[Adopted 6-3-2013 by L.L.
No. 9-2013]
A.
Intent; purpose. The Board of Trustees for the Incorporated Village
of Farmingdale ("Village") finds that there is a cost to the Village
associated with the adjudication of violations before the Village
Justice Court and that the Village is not reimbursed for such costs.
Therefore, the Village Board of Trustees finds that it would be in
the best interest of the Village to authorize the imposition of a
"driver responsibility fee" to recover the costs associated with the
adjudication of such fees as set forth in this local law.
B.
Authority. In accordance with General Municipal Law § 370,
which authorizes the Village to establish a traffic and parking violations
bureau, and Municipal Home Rule Law § 10(1)(ii)(a)(9-a),
which authorizes the Village to adopt and amend local laws relating
to the fixing, levy, collection, and administration of charges, rates,
and fees, the Board of Trustees hereby authorizes the imposition of
a driver responsibility fee as provided for in this article.
C.
Fees. Any person charged with a violation and whose case has been
adjudicated to a final disposition, other than a final adjudication
which results in a not guilty verdict, shall be responsible for a
driver responsibility fee. Such fee shall be in an amount that shall
be set, from time to time, by resolution of the Village Board of Trustees.
Any person seeking to defer payment of a fine shall be required to
pay deferment fees for all deferments in amounts set forth, from time
to time, by resolution of the Board of Trustees.
