[HISTORY: Adopted by the Common Council of the City of Port Jervis 1-12-1976
as §§ 17-66 through 17-75 of the 1964 Code of Ordinances (Ch.
45 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Vehicles and traffic — See Ch. 505.
For the purpose of assisting the Judge of the City Court of the City
of Port Jervis 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 Judge of the City Court of the City
of Port Jervis is hereby authorized to establish a Traffic Violations Bureau.
The Traffic Violations Bureau shall be under the charge of the Judge
of the City Court of the City of Port Jervis or such person or persons as
he may designate and shall be open at such hours as the City Judge of said
City may designate.
The Traffic Violations Bureau shall be authorized to dispose of all
violations of the Traffic Ordinance[1] of the City of Port Jervis and the Vehicle and Traffic Law of
the State of New York, including parking violations, other than those which
constitute speeding or which may be classified as misdemeanors or felonies
under those statutes, by permitting a person charged with an offense within
the limitations herein stated to answer within a specified time at such Traffic
Violations Bureau, either in person or by written power of attorney, in such
form as may be prescribed herein, by paying a fine to be designated by the
City Judge of the City Court of the City of Port Jervis for such offense,
and in writing to waive a hearing before the Court, pleading guilty to the
charge and authorizing the person in charge of the Bureau to make such plea
on behalf of such offender and pay such fine in Court.
The City Judge of the City Court of the City of Port Jervis shall have
authority to designate the amount of all fines to be paid for offenses cognizable
by the Traffic Violations Bureau, except that such fines shall not exceed
the limits imposed by either the ordinances of the City of Port Jervis or
the statutes of the State of New York.
Acceptance of a fine and power of attorney by the Bureau shall be deemed
complete satisfaction for the violation, and the violator shall be given a
receipt therefor which so states.
If a person charged with a traffic or parking violation, as aforesaid,
does not answer as herein prescribed within a time designated therefor, the
Bureau shall cause a complaint to be entered against him forthwith and a warrant
to be issued for his arrest and appearance before the Court.
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 designated fines to be paid for offenses may be satisfied at the
Bureau as hereinbefore stated, provided that such fines are within the limits
established as penalties for such offenses.
The Traffic Violations Bureau shall keep a record of all violations,
whether guilt was established in Court or in the Bureau, and also a record
of all fines collected and the disposition thereof. It shall also perform
such other or additional duties and keep such other or additional records
as shall be prescribed by the Judge of the City Court of the City of Port
Jervis.
The power of attorney shall be in the following form:
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"Whereas, I have been served with summons for a violation of the traffic
law Sec. _______ (City or Vehicle and Traffic Law), and
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"Whereas, it is my desire to plead guilty to such violation, I do hereby
authorize _______________________________, giving him full power and authority
to appear for me and to plead guilty on my behalf and to pay the fine assessed
for such violation.
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