City of Canandaigua, NY General Provisions

[Amended 11-3-2005 by Ord. No. 2005-018; 5-3-2007 by L.L. No. 1-2007; 11-15-2007 by Ord. No. 2007-023; 9-2-2010 by Ord. No. 2010-010; 3-6-2014 by Ord. No. 2014-002[1]]

Authority to establish. The City Court of the City of Canandaigua is hereby authorized to establish a Traffic Violations Bureau, pursuant to Article 14-B of the New York State General Municipal Law, and to designate the official in charge of such Bureau. Said Bureau shall be known as the "City of Canandaigua Traffic Violations Bureau" and shall have the same hours of operation as the City Court's office.

Powers and duties.

(1)

The Bureau so established shall be authorized to dispose of parking, standing, and stopping violations by permitting a person with said violation to answer, within a specified time (set forth in Subsection F), at the Traffic Violations Bureau, 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 authorizing the person in charge of the Bureau to enter such a plea or admission and accept payment of said fine. Acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed complete satisfaction for the violation or of the liability, and the violator shall be given a receipt which so states. If a person charged with a traffic violation does not answer as hereinbefore prescribed, within a designated time (set forth in Subsection F), the Bureau may cause a complaint to be entered against him forthwith and a warrant to be issued for his arrest and appearance before the City Court, such summons to be predicated upon the personal service of said summons upon the person charged with the infraction.

(2)

The City Court shall have the authority to modify or reduce the prescribed fine upon good cause shown and upon a guilty plea in person or by written power of attorney to enter said guilty plea to the charged violation.

(3)

Notwithstanding any provision herein, such Bureau shall not be authorized to deprive a person from his/her right to counsel or from exercising his/her right to appear in City Court to answer to, explain, or defend any charge of a violation of any traffic law, ordinance, rule or regulation, or to have a trial upon the charged violation.

Procedures.

(1)

A person may answer a violation, within a specified time (set forth in Subsection F), by either appearing at the Traffic Violations Bureau in person or by written power of attorney, by paying a fine established by the City Court and, in writing, waiving a hearing in court, pleading guilty to the charge, and authorizing the person in charge of the Bureau to enter such a plea or admission and accept payment of said fine.

(2)

The City Court shall designate the fines to be paid for offenses, which may be satisfied at the Bureau as hereinbefore stated, provided that such fines are within the limits established as penalties for such offenses.

(3)

Acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states.

(4)

The City Court Judge shall establish a prescribed penalty amount for a failure to answer within a designated period of time, to be in addition to the original fine. If a person charged with a traffic violation does not answer, as hereinbefore prescribed, within the designated time, 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 City Court Judge.

(5)

The Bureau may make application to the City Court for a default guilty plea after a continued failure to answer within a designated period of time, pursuant to § 1806-a of the New York State Vehicle and Traffic Law, and may enter a judgment for the amount due pursuant to said section.

(6)

Any person who shall have been, within the preceding 12 months, guilty of more than six parking, standing or stopping violations shall not be permitted to appear in answer to a subsequent violation at the Traffic Violations Bureau, but must appear in City Court at a time specified by the Bureau and the Court.

(7)

The City of Canandaigua may make use of an outside collection agency for the purposes of collection of delinquent amounts due, and the City Court Judge may establish a prescribed administrative charge to be in addition to any fine and late penalty due, for those matters turned over to outside collection.

Records and reports. In accordance with General Municipal Law § 373, the Bureau shall keep records and submit detailed monthly reports of all violations of which each person has been guilty, whether established in Court or at said Bureau, and all fines collected and the disposition thereof, and such other information as may be prescribed by the City Court Judge or by law to the City Court Judge and the City Clerk/Treasurer, and transmit with said reports all sums collected to the City Clerk/Treasurer.

Fines. Every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall for a first conviction thereof be punished by a fine, as established by the City Court pursuant to Vehicle and Traffic Law § 1805, of not more than $150 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $300 or by imprisonment of not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $450 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

Time to plea. In accordance with Vehicle and Traffic Law § 1806:

(1)

The owner or operator of a vehicle which has been issued a parking ticket may plead guilty to the offense within 48 hours of issuance, in person, to the Traffic Violations Bureau at the Office of the City Court Clerk, or in writing by paying the prescribed fine and in writing waiving a hearing in Court, pleading guilty to the offense charged, and authorizing the Court to make such plea.

(2)

The owner or operator of a vehicle which has been issued a parking ticket may plead not guilty to the offense within 48 hours of issuance, in person or in writing, to the Traffic Violations Bureau at the Office of the City Court Clerk, by indicating in writing a plea of not guilty and requesting a hearing.

Compounding of fines. Pursuant to Vehicle and Traffic Law § 1805, fines will be designated by the Court. After 15 days from issuance, fines will double; after 30 days from issuance, the original fine will be tripled, with the exception of the fine for parking on the grass on the City Pier, which will not change. After 90 days from issuance, a surcharge of $20 will be added to all fines. Owners or operators of vehicles on which tickets were issued and where no plea has been made or no fine has been paid within 60 days of issuance of the ticket shall be reported to the New York State Department of Motor Vehicles for suspension of registration and/or within 90 days reported to a collection agency.

Impoundment.

(1)

In addition to any other penalties or fines imposed for parking violations, this section shall apply to vehicles which have three or more outstanding and unpaid parking violations issued against them and which, after mailing to the registered owner three notices, are found operated or parked on any public street, public highway, public parking area, any portion of the width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purpose of vehicular traffic, or on any property leased by or in the possession and control of the City of Canandaigua.

(a)

Any such vehicle may be removed or caused to be removed under the direction of an officer of the Canandaigua Police Department by towing or otherwise. Upon inquiry, the Police Department shall notify the owner of such vehicle where it may be recovered and the conditions under which it will be released.

(b)

Before the owner or person in charge of any vehicle taken into custody shall be allowed to repossess or secure the release of said vehicle, the owner or his/her agent shall pay the following:

[1]

All sums due for any City of Canandaigua parking violations issued and outstanding against such vehicle.

[2]

The cost of towing, payable to the towing service.

[3]

To the towing service, the cost of storage for each day, or portions of a day, that such vehicle is so stored in excess of the first 24 hours.

(2)

No such vehicle shall be released until the owner or his agent has established his/her identity and right to possession and has signed a proper receipt therefor.

(3)

Any person who, after having a vehicle towed, shall remove such vehicle without complying with the above subsections shall, in addition to other charges provided for, be subject to an additional fine of $500 and possible criminal charges.

Form of waiver and power of attorney. The waiver and power of attorney referenced herein and referred to in § 371 of the General Municipal Law shall be in substantially the following form:

		Date
	I, the undersigned, hereby waive a hearing in court and plead guilty to the traffic violation as charged on the reverse side hereof, and duly constitute the Clerk of the City Court of Canandaigua as my attorney and authorize her to appear in Court, enter my plea, and pay my fine, which is enclosed herewith.
	Signature
	This is my offense for this violation within the current calendar year.

Interpretation. Any ambiguity with respect to any provision herein or interpretation hereof shall be governed by Article l4-B of the General Municipal Law, as amended.

[1]

Editor's Note: Ordinance No. 2014-002 also changed the name of this section from "Penalties for offenses; time to plea; compounding of fines; impoundment; appeals" to "Traffic Violations Bureau."