Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 6-3-1970 by L.L. No. 4-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 193.

§ 45-1 Authorization to establish.

The Justice Court of the Town of Evans is hereby authorized to establish a Traffic Violations Bureau to assist the court in the disposition of offenses in relation to traffic violations. Such Bureau shall be in charge of such person or persons and shall be open at such hours as the Court may designate.

§ 45-2 Function.

[Amended 12-15-1993 by L.L. No. 13-1993]
The Traffic Violations Bureau shall dispose of such violations of traffic laws, ordinances, rules and regulations (except driving while intoxicated or a misdemeanor or felony) as the Court shall designate. A person charged with an offense which may be handled by the Traffic Violations Bureau may answer at said Bureau within a time to be specified by the Court by paying a fine to be prescribed by the Court (within the limits established for such offenses) and, in writing, waiving a hearing in Court, pleading guilty to the charge and authorizing the person or persons in charge of the Bureau to make such a plea and pay such a fine in Court. The Court shall prescribe the forms to be used in waiving a hearing, pleading guilty and authorizing the person in charge of the Bureau to make such plea and pay such fine in Court. Within the limits prescribed by law, the Court may provide different fines for different offenses and may provide for graduated fines to be based on the number of prior vehicular offenses of which a person has been convicted within such time as the Court shall designate.

§ 45-3 Appearances of persons charged; power of attorney.

The person charged with an offense which may be disposed of by the Traffic Violations Bureau may appear personally before the Bureau or may cause another to appear in his stead by executing a power of attorney in substantially this form:
I, the undersigned, hereby appoint (name of attorney), residing at (address) in the ..............., as my attorney, for me and in my name to appear before the Traffic Violations Bureau of the Town of Evans, New York, and pay the fine prescribed for the violations of the ............ section .........., with which I am charged, on the ............. day of ............., 19...., at ..........................., Town of Evans, New York, and, in writing, waive a hearing in Court, plead guilty to the charge and authorize the person in charge of the Bureau to make such a plea for me and pay such a fine in Court.
Dated: .................., 19.....
(witness)
(defendant)

§ 45-4 Acceptance of fines; receipts.

After execution and filing of the proper papers, the Bureau shall accept the prescribed fine for the offense charged, and the violator shall be given a receipt which states that acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed complete satisfaction for the violation charged. The Court shall designate the form of receipt to be issued.

§ 45-5 Records and filing of reports.

The Bureau shall keep such records and file such reports as are required to be kept by law. The Bureau shall also keep such additional records and file such reports as the Town Board or the Court shall direct.

§ 45-6 Limitation on number of appearances before Bureau.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person who shall have been, within the preceding 12 months, guilty of a number of parking violations in excess of such maximum number as may be designated 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 at the Traffic Violations Bureau but must appear in Court at the time specified on the summons issued. Within these limitations, the Court may provide further restrictions as to the number of offenses by any person which may be disposed of by the Traffic Violations Bureau.

§ 45-7 Certain rights not abrogated.

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.

§ 45-8 Failure to respond.

[Amended 12-15-1993 by L.L. No. 13-1993]
Should a person charged with a traffic violation authorized to be disposed of by the Traffic Violations Bureau not respond, as hereinbefore prescribed, within a time to be designated by the Court, the Bureau shall cause said person's license to be suspended, except in parking violations, for which a criminal summons shall be served on said person.