[HISTORY: Adopted by the Town Board of the Town of New Castle 5-14-1974 by L.L. No. 3-1974. Amendments noted where applicable.]
Vehicle and traffic regulations — See Ch. 123.
For the purpose of assisting the Justices of the Town of New Castle 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 Justices of the Town of New Castle are hereby authorized to establish a Traffic Violations Bureau.
The Traffic Violations Bureau shall be in the charge of such person or persons and shall be open at such hours as the Justices may designate.
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 a misdemeanor or felony.
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 charge and giving a power of attorney to the person in charge of the Bureau to make such 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.
Any person having been guilty of three or more violations of the traffic laws, ordinances, rules and 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.
The duties of the Traffic Violations Bureau shall be as follows:
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.
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.
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 of warning 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 two days, a complaint will be filed and a warrant of arrest issued.
In the event that any person fails to comply with a notice as provided in this chapter or fails to make 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.
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.
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 Justices of the Town of New Castle.
The power of attorney referred to in § 32-4 hereof shall be in the following form:
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.
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 Justice Court of the Town of New Castle.