[HISTORY: Adopted by the Board of Trustees,
of the Village of Lloyd Harbor 2-28-1983 as Article 3 of L.L. No.
2-1983. Amendments noted where applicable.]
The Village Justice is hereby authorized to
establish a Traffic Violations Bureau for the village.
The Traffic Violations Bureau, when so established,
shall be authorized to dispose of violations of traffic laws, ordinances,
rules and regulations, when such offenses shall not constitute a misdemeanor
or a felony, as follows:
A.
By permitting a person charged with an offense within
the limitations hereinabove stated to answer within a period of 10
days at the Traffic Violations Bureau, either in person or by written
power of attorney in the form hereinafter set forth, by paying the
fine designated by the Village Justice for such violation and, in
writing, waiving a hearing in court, pleading guilty to the charge
and authorizing the person in charge of the Traffic Violations Bureau
to make such a plea and pay such a fine in court; provided, however,
that any person who shall have been, within the preceding 12 months,
adjudged guilty of a number of parking violations in excess of such
number as may be designated by the Village Justice or of three or
more traffic violations, other than parking violations, shall not
be permitted to appear and answer to a subsequent violation at the
Traffic Violations Bureau but shall be required to appear in court
at a time to be specified by the Bureau.
B.
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 summons charging a parking violation may
be served upon the violator in person or may be affixed to the motor
vehicle involved in the violation.
A.
If, in any parking violation case where the summons
was affixed to the motor vehicle and not served personally, no one
answers, as hereinabove provided, within the time designated in the
summons, the Traffic Violations Bureau shall send a letter by certified
mail, return receipt requested, to the registered owner of such vehicle
as disclosed by the records of the Department of Motor Vehicles, enclosing
a copy of the summons and warning the registered owner:
(1)
To answer the summons in the manner hereinabove provided
within a designated time which shall not be less than six days from
the date of mailing of said letter.
(2)
That if the registered owner is not the offender,
the registered owner will be held responsible for the appearance of
the offender.
(3)
That if the summons is not answered in the designated
time, a warrant shall be issued for the registered owner's arrest
15 days from the date of receipt of said letter.
B.
If any person served personally with a summons under this chapter or if any registered owner of the motor vehicle involved who is served and notified as provided in Subsection A does not answer, as hereinabove provided, within the designated time, the Traffic Violations Bureau shall cause a complaint to be entered against said person forthwith and shall apply for a warrant to be issued for said person's arrest and appearance before the court.
The Traffic Violations Bureau shall perform
such other or additional duties as shall be prescribed by law, by
the Village Justice or by the Board of Trustees.
The power of attorney referred to in this chapter
shall be in the following form:
|
POWER OF ATTORNEY
|
|
The undersigned hereby acknowledges service
of the summons herein, waives a hearing in court, pleads guilty to
the offense charged in said summons and authorizes the Village Clerk
of the Traffic Violations Bureau of the Incorporated Village of Lloyd
Harbor to appear in court for me, to make such plea of guilty on my
behalf and to pay the prescribed fine using the money enclosed.
|
|
Signed___________________________________
|
|
Print your name__________________________
|
|
Address__________________________________
|
Nothing contained in this chapter shall be deemed
to authorize the Traffic Violations Bureau to deprive a person of
his/her right to counsel or to prevent him/her from exercising his/her
right to appear in court to answer to, explain or defend any charge
of a violation of any traffic law, ordinance, rule or regulation.
