The Board of Trustees, pursuant to the power
invested in it by Article 148[1] of the General Municipal Law of the State of New York,
creates and hereby authorizes the Police Justice of the Village to
establish a Traffic Violations Bureau to assist the court in disposing
of offenses in relation to certain traffic violations hereinafter
described. Such Traffic Violations Bureau shall be in charge of such
person or persons and shall be open at such hours and on such days
as the Police Justice of the Village may designate.
[1]
Editor's Note: See Article 14-B of the General
Municipal Law.
Such Traffic Violations Bureau is authorized
to dispose of violations of traffic laws, ordinances, rules and regulations,
when such offenses shall not constitute the traffic infraction known
as speeding or a misdemeanor or felony, by permitting a person charged
with such an offense within the limitations above stated, to answer,
within a specified time, at the Traffic Violations Bureau, either
in person or by written power of attorney, by paying a prescribed
fine, and, in the 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 pay the fine prescribed therefor in court. Acceptance
by the Traffic Violations Bureau of the prescribed fine and power
of attorney shall be deemed complete satisfaction for the violation,
and the violator shall be given a receipt which so states.
The power of attorney mentioned in § 213-45 hereof, shall be sufficient when signed by the person charged with the offense if it states or fairly imports that a named person, having a named address, is authorized to answer and act for the person charged upon respect to the offense charged, and such power of attorney may be incorporated in a form or letter addressed to the said Traffic Violations Bureau containing other matters.
If a person charged with a traffic violation
does not answer as hereinbefore prescribed, within the specified time,
the Traffic Violations 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.
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 to answer a subsequent violation at the Traffic Violations
Bureau, but must appear in court at a time specified by the Bureau.
The said Traffic Violations Bureau may not and
shall not in any way deprive a person of the right to counsel or prevent
him from exercising his right to appear in court to explain or defend
any charge or violation of a traffic law, ordinance, rule or regulation.
The Police Justice of the Village shall designate
the fines to be paid for the offense which may be satisfied at the
Traffic Violations Bureau as hereinbefore set forth, provided such
fines are within the limitations established by law or ordinance,
as penalties for such offenses.
The Traffic Violations Bureau shall keep a record
of all violations of which each person has been guilty, whether such
guilt was established in court or in the Traffic Violations Bureau
and also a record of all fines collected and the disposition thereof.
The Traffic Violations Bureau shall also perform such other or additional
duties and keep such other or additional records as shall be prescribed
by the Police Justice and/or the Board of Trustees.
