[HISTORY: Adopted Malone Village Board 2-11-1974. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 59.
This ordinance shall be known as the "Ordinance Establishing a Traffic Violations Bureau for the Village of Malone."
The Village Board of the Village of Malone, wishing to assist the residents of the Village of Malone and the Justice Court of said village in the disposition of offenses relating to traffic and parking violations, does hereby establish and create, pursuant to Article 14-b of the General Municipal Law of the State of New York, and § 370 thereof, a Traffic Violations Bureau.
The Justice Court Clerk of the Village Court is hereby designated as the Director of the aforesaid Traffic Violations Bureau.
The Traffic Violations Bureau shall be in charge of such person or persons and shall be open at such hours and on such days as the Village Justice of the Village of Malone shall designate.
The Traffic Violations Bureau established by this ordinance is hereby authorized and empowered 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, by permitting a person charged with an offense within the limitations herein stated, to answer within five days at the Traffic Violations Bureau, either in person or by written power of attorney in the form hereinafter prescribed, 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 accept such a plea and pay such a fine in court. 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.
Any individual may plead guilty to an offense within the jurisdiction of the Traffic Violations Bureau by a written power of attorney in such form as prescribed by the Traffic Violations Bureau, waiving the right to trial and inclusion with said document of the payment of such fine as shall be designated by the Justice Court for said offense, provided such fines are within the limits established as penalties for such offense.
Within the time specified on the summons, a person may appear personally, or by designated person, or by written power of attorney, in such form as prescribed by the Traffic Violations Bureau, before the Traffic Violations Bureau to answer the violation alleged. Said violation may be satisfied by payment of the prescribed fine and a writing waiving a court hearing. Fulfillment of said conditions shall presumptively be considered a plea of guilty, which plea the Bureau Director shall be authorized to enter.
Fulfillment of said conditions shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states.
The written power of attorney and waiver provided for in § 54A-4 of this chapter shall be a statement written in the presence of a witness and to which the witness shall affix his signature, or a verified statement, stating that the person executing the same and charged with a violation is appearing and answering to the charge, waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Bureau to accept such a plea and pay such a fine in court.
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 court.
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 of three or more violations other than parking violations, shall not be permitted to appear in answer to a subsequent violation at the Traffic Violations Bureau, but must appear in court at a time specified by the Bureau.
The Justice Court shall designate the fines to be paid for offenses which may be satisfied at the Bureau as provided in this ordinance, provided such fines are within the limits established as penalties for such offenses.
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 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 in the Bureau, and also a record of all fines collected and the disposition thereof.
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 the Village Board.
In the event that any portion of this ordinance shall be declared invalid by a court of competent jurisdiction, such invalidity shall not be deemed to affect the remaining portion hereof.
A Traffic Violations Bureau shall be established March 1, 1974.