[HISTORY: Adopted by the Town Board of the Town of Huntington 10-23-1990 by 90-TC-39. Amendments noted where applicable.]
For the purpose of assisting the District Court of the County of Suffolk in the disposition of offenses in relation to parking violations pursuant to the provisions of Article 14-B, §§ 370, 371 and 372, of the General Municipal Law, the Town Board of the Town of Huntington is hereby authorized to establish a Traffic Violations Bureau to hold hearings with regard to such offenses and to have a hearing officer or officers preside at such hearings and adjudicate such matters.
The Traffic Violations Bureau shall be in charge of such hearing officer or officers and shall be open at such hours as the Town Board may designate. The Town Attorney shall be responsible for the administration of the Bureau and for the appointment of hearing officers, who shall not be employees of the Town of Huntington, except to the extent that they shall be entitled to such per diem compensation as established by the Town Board. The District Court of the County of Suffolk shall have no responsibility with regard to the staffing or financing of such Bureau.
The Traffic Violations Bureau is authorized to dispose of violations of parking laws, ordinances, rules and regulations, and such offenses shall not constitute any traffic infraction known as "speeding" or "passing a stopped school bus" or a misdemeanor or felony.
A person who has received a notice of violation as provided in this Code may, within the time specified in said notice, answer at the Traffic Violations Bureau to the charges set forth in such notice, 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 charges and giving power of attorney to the person in charge of the Bureau to make such a plea and to pay such a fine. 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.
The duties of the Traffic Violations Bureau shall be as follows:
A. 
It shall accept designated fines and issue receipts to those who desire to plead guilty, waive a court appearance and give power of attorney.
B. 
It shall adjudicate the claims of those who plead not guilty after being advised, in writing, of their right to counsel and their right to appear in court to answer to, explain or defend any charge of a violation of any parking law, ordinance, rule or regulation, waiving the same and consenting to said adjudication. The hearing officer shall find, after a hearing, that the owner/operator of said vehicle is either guilty or not guilty. If said owner/operator is found guilty, the hearing officer must impose a fine and penalty as prescribed herein. If said owner/operator is found not guilty, said charges must be dismissed. The hearing officer shall not have the authority to reduce fines or penalties upon a finding of guilty.
[Amended 4-16-2019 by L.L. No. 20-2019]
C. 
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.
D. 
If a violator of the parking laws, ordinances, rules and regulations does not appear and answer in response to a notice as provided in this Code, the Traffic Violations Bureau shall send to the owner of the motor vehicle to which the notice was affixed a letter warning him that he will be held responsible for the appearance of the offender and that, in the event that such letter is disregarded for a period of five days, a complaint will be filed and a warrant of arrest may issue.
E. 
In the event that any person fails to comply with a notice as provided in this Code or fails to make an appearance pursuant to a summons directing an appearance in the Traffic Violations Bureau as provided by this Code, the Traffic Violations Bureau shall forthwith have a complaint entered against such person and make application to secure and issue a warrant for his arrest.
F. 
The Traffic Violations Bureau shall keep records of all notices issued and arrests made for violations of the parking laws, ordinances, rules and regulations and of all fines collected by the Traffic Violations Bureau and the final disposition or present status of every case of violation of the provisions of the parking laws, ordinances, rules and regulations. These reports shall be public records.
G. 
The Traffic Violations Bureau shall perform such other or additional duties and keep such other and additional records as shall be prescribed by the Town Board of the Town of Huntington.
The power of attorney referred to in § TC7-4 hereof shall be in the following form:
POWER OF ATTORNEY: The undersigned pleads guilty to the charge noted hereon and encloses herewith the sum of $ ______ cash, check or money order to pay the necessary fine. (Circle the one used.) I hereby appoint the Clerk of the Huntington Traffic Violations Bureau as my attorney in fact to appear for me in said Bureau, to enter a plea of guilty on my behalf and to pay the above fine. Make all checks payable to:
"HUNTINGTON TRAFFIC VIOLATIONS BUREAU:"
Signed:
Print your name:
Address:
Date:
Nothing contained in this chapter shall authorize the Traffic Violations Bureau 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 parking law, ordinance, rule or regulation.
All fines collected upon conviction or plea of guilty of any person charged with a violation of any parking law, ordinance, rule or regulation shall be paid to the Traffic Violations Bureau of the Town of Huntington.
[1]
Editor's Note: Former § TC7-9, Parking Violations Unit, was repealed 4-16-2019 by L.L. No. 20-2019.
If any section, provision or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.
[Amended 1-29-2002 by L.L. No. 4-2002]
This chapter shall be effective immediately upon its filing in the office of the Secretary of State of the State of New York.