[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 7-6-1983 as L.L. No. 4-1983. Amendments noted where applicable.]
The Board of Trustees of the Village of Great Neck Plaza finds that the effectiveness of parking restrictions on streets and highways of the village have been seriously undermined by ineffective enforcement arising from the failure of operators and owners of motor vehicles to appear in the Village Justice Court to enter a plea to a charge of a parking violation or failing to appear on a designated hearing date. The Board of Trustees further finds that this problem can be corrected by establishing a procedure by which the Police Justice Court can enter default judgments, provided that due and proper notice is provided to persons who will be affected by such procedure.
Where an operator or owner in the Village Justice Court fails to enter a plea to a charge of a parking violation or fails to appear on a designated hearing date or subsequent adjourned date, such failure to plead or appear shall be deemed, for all purposes, an admission of liability and shall be grounds for the Court rendering and entering a default judgment requiring the defendant to pay a fine in a prescribed amount as authorized by law. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the Village Justice Court shall notify such operator or owner by first-class mail of the violation charged; of the impending default judgment; that such judgment will be entered in the Nassau County Clerk's office, or any other place provided for the entry of civil judgments within the State of New York; and that a default may be avoided by entering a plea or making an appearance within 30 days of the sending of such notice. Pleas entered within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are nonresidents of the State of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent more than two years after the expiration of the time prescribed for entering a plea. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason prior to the holding of the hearing. If the Village Justice Court shall make a determination on the charges sustaining them, it shall impose no greater penalty or fine than those upon which the person was originally charged.