[Adopted 8-11-1992 by L.L. No. 6-1992]
The Village Board of the Village of Hamilton,
wishing to assist the residents of the Village and the Village of
Hamilton Justice Court ("Village Court") in the disposition of offenses
relating to traffic and parking violations, does hereby, pursuant
to the General Municipal Law Article 14-B, § 370 et seq.,
create a Traffic Violations Bureau.
The Traffic Violations Bureau shall be authorized
to dispose of those violations of the traffic laws, ordinances, rules
and regulations, as authorized by the Village Court, when such offenses
shall not constitute the traffic infraction known as "speeding" or
a misdemeanor or felony.
A.
Any individual may plead guilty to an offense within
the jurisdiction of the Traffic Violations Bureau by a written document,
in such form as prescribed herein, and including with said document
the payment of such fine as shall be designated by the Village Court
for said offense, provided that such fines are within the limits established
as penalties for such offense.
B.
Within the time specified on the summons, a person may appear personally or by written authorization in such form as prescribed at § 160-4C below before the Traffic Violations Bureau to answer the violation alleged. Said violation may be satisfied by payment of the prescribed fine and filing the executed authorization. Fulfillment of said conditions shall presumptively be considered a plea of guilty, which plea the Bureau Director shall be authorized to enter.
C.
The written authorization referred to in this article
shall be in such form as prescribed by the Director of the Traffic
Violations Bureau and shall contain the following elements:
(1)
A statement that the person charged does waive any
hearing or trial before the Village Court.
(2)
A plea by the person charged of guilty to the pending
charge.
(3)
A statement by the person charged authorizing the
Director of the Traffic Violations Bureau to make such a plea and
pay such a fine in Court.
(4)
A statement of the charge pending and the fine imposed.
(5)
A place for the person being charged to affix their
signature affirming all of the foregoing elements.
D.
Fulfillment of said conditions shall be deemed complete
satisfaction for the violation and the violator shall be given a receipt
which so states.
If a person charged with a traffic violation does not answer the violation, as prescribed in § 160-4, within the time specified on the notice of violation, the Bureau shall cause a complaint to be entered against said person and a warrant to be issued for said person's 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 a
maximum number to be established by the Village Court, or of three
or more violations other than parking violations, shall not be permitted
to appear and answer to a subsequent violation before the Traffic
Violations Bureau, but must appear in Court at a time specified by
the Bureau.
The Traffic Violations Bureau shall not be authorized
to deprive a person of his right to counsel or to prevent him from
exercising his right to appear in court to answer to, explain or defend
any charge of a violation of any traffic law, ordinance, rule or regulation.
The Village Court shall designate the fines
to be paid for offenses which may be satisfied at the Bureau, as provided
in this article, provided that such fines are within the limits established
as penalties for such offenses.
A.
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 before the Bureau, and also a record
of all fines collected and the disposition thereof.
B.
The Bureau shall also perform such other or additional
duties and keep such other or additional records as shall be prescribed
by the Court and/or Village Board.
