[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 3-13-1973 as Art. VIII of Ch. II of the Walden Village Code (Ch. 42 of the
1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 291.
The Village Justice having jurisdiction of traffic violations
in the Village of Walden is hereby authorized, pursuant to Article
14-B of the General Municipal Law, to establish a Traffic Violations
Bureau to assist the court in the disposition of offenses in relation
to traffic violations.
This Bureau, to be termed "Village of Walden Traffic Violations
Bureau," shall be in the charge of such person or persons and shall
be open at such hours as shall be designated by the Justice of the
Village of Walden having jurisdiction of traffic violations in the
Village of Walden.
The Village Justice aforementioned shall designate the fines
to be paid for the first, second and third offenses, which may be
satisfied at the Traffic Violations Bureau as provided in this chapter,
provided such fines are within the limits established as penalties
for violations of traffic laws, rules and regulations of the Village
of Walden.
The Traffic Violations Bureau so established shall have authority
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. Pursuant to § 371
of Article 14-B of the General Municipal Law, 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 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 by such Bureau.
A.
A person who has received a notice of traffic infraction affixed to his motor vehicle shall be permitted within the time specified in said notice to answer at the Traffic Violations Bureau to the charges set forth therein, except as limited by Subsection B, either in person or by power of attorney as hereinafter defined,[1] by paying a prescribed fine and in writing waiving hearing
in court, pleading guilty to the charge and giving a power of attorney
to the person in charge of the Traffic Violations Bureau to make such
a plea and pay such a fine in court, or a person may answer said notice
at said Traffic Violations Bureau by depositing a cash bail equal
to double the prescribed fine for appearance in court at a time specified
by the Bureau. Acceptance of the prescribed fine and power of attorney
by the Bureau shall be deemed complete satisfaction for the infraction,
and the violator shall be given a receipt which so states.
B.
Any person who is charged with speeding contrary to the provisions
of the traffic rules, ordinances and regulations of the Village of
Walden or who has been guilty 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 a time specified by the Bureau.
The aforementioned Traffic Violations Bureau is not authorized
to deprive a person of his right to counsel or to prevent him from
exercising his right to appear in court in answer to, explain or defend
any charge of a violation of any traffic law, ordinance, rule or regulation.
A.
The following duties are hereby imposed on the Traffic Violations
Bureau:
(1)
It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance and give power of attorney.
(2)
It shall receive and issue receipt for cash bail from the persons
who must or wish to be heard in court, enter the time of their appearance
on the court docket, and notify the arresting officer and witnesses,
if any, to be present.
(3)
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.
(4)
If the violator of restrictions on parking under the traffic ordinances,
rules and regulations of the Village of Walden does not appear in
response to a notice affixed to his motor vehicle within a period
of two days, the Traffic Violations Bureau shall send to the owner
of the motor vehicle to which the notice was affixed a letter informing
him of the violation and warning him that he will be held responsible
for the appearance of the offender, and in the event that such a letter
is disregarded for a period of two days, a complaint will be filed
and a warrant for arrest issued.
(5)
In the event any person fails to comply with a notice as provided
in the preceding subsection or fails to make appearance pursuant to
a summons directing an appearance in the Traffic Violations Bureau,
or if any person fails or refuses to deposit bail, the said Traffic
Violations Bureau shall forthwith have a complaint entered against
such person and secure and issue a warrant for his arrest. Such Bureau
shall not accept any fine or bail for or from such person but shall
consider every such person entirely under the jurisdiction of the
court.
(6)
The Traffic Violations Bureau shall keep records and submit summarized
monthly reports to the police of the Village of Walden in charge of
traffic violations in the Village, of all notices issued and arrests
made for violations of the traffic ordinances of the Village and of
all the fines collected by the Traffic Violations Bureau and of the
final disposition or present status of every case of violation. Such
records shall be so maintained as to show all types of violations,
and the totals of each said records shall be public records.
B.
Any person to whom a notice of traffic infraction has been delivered
and who willfully violates a written promise to appear and answer
to such notice of traffic infraction shall be subject to arrest upon
a warrant issued pursuant to a sworn information or complaint setting
forth the specific violation for which such notice of traffic infraction
was issued.
"Power of attorney," mentioned above,[1] shall mean any written statement, written in the presence
of a witness and to which statement the witness shall affix his signature,
stating that the person executing the same and charged with a violation
is thereby appearing and answering to the charge, pleading guilty
thereto, waiving a hearing in court and authorizing the person in
charge of the Traffic Violations Bureau to make such a plea in his
stead in court.
