[Adopted 4-3-1950]
This resolution shall be known and may be cited and referred
to as the "Village of Malone Traffic Bureau Resolution."
There is hereby created and established in and for the Incorporated
Village of Malone a bureau to be known as the Traffic Bureau of the
Incorporated Village of Malone, to be held by the Chief of Police
of the said Village of Malone and to have and exercise the jurisdiction
of this resolution or as hereafter conferred by law.
The Chief of Police of the Incorporated Village of Malone shall
preside at, hold and conduct all sessions of the Bureau created by
this act. The Chief of Police shall hold this office for so long as
he is duly acting as said Chief of Police. The Chief of Police shall
receive no additional salary for his duties conferred hereunder.
In case of absence from the village, illness or other disability
of the Chief of Police, or during a vacancy in the office, any member
of the Village Board, designated by the Mayor of the Incorporated
Village of Malone, shall act as the head of the Bureau until the Chief
of Police returns, the disability ceases or the vacancy is filled.
A.
The Bureau hereby created shall be authorized to dispose of violations
of traffic laws, ordinances, rules and regulations when such offenses
shall not constitute the crime of speeding, reckless driving or the
commission of a misdemeanor or a felony, by permitting a person charged
of an offense within the limitations herein stated to answer, within
a specified time, at the Traffic Violations Bureau, either in person
or by written power of attorney in such form as may be prescribed
by the head of the Traffic Violations Bureau herein, 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 make
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 violations and the violator shall be given a
receipt which so states.
B.
If a person charged with a traffic violation does not answer as hereinbefore
prescribed within a 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 regularly constituted Traffic
Court. Any person who has been guilty of three or more violations
within the preceding 12 months shall not be permitted to appear and
answer to a subsequent violation at the Traffic Violations Bureau
but must appear in court before the regularly constituted Traffic
Court Judge at the time specified by the Bureau. The within Traffic
Violations Bureau shall not be authorized to deprive a person of his
right to counsel or to prevent such person from exercising his right
to appear in court to answer to, explain or defend any charge of the
violation of any traffic law, ordinance, rule or regulation if such
person sees fit so to do.
C.
The persons in charge of the Traffic Violations Bureau shall designate
fines paid for first, second and third offenses, which may be satisfied
at the Bureau as hereinbefore stated, provided such fines are within
the limits established as penalties for such offenses. The within
Traffic Violations Bureau is hereby directed to 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 keep a record
of all fines collected and the disposition thereof. It shall also
perform such other or additional duties and keep such other or additional
records as shall be prescribed by the regularly constituted Traffic
Court and/or the Village Board of the Incorporated Village of Malone.
All trials and hearings in the Bureau hereby created shall be
conducted by the person in charge of the Bureau.
The Traffic Violations Bureau of the Incorporated Village of
Malone shall be held within the Incorporated Village of Malone in
suitable quarters to be designated and provided by the Village Board
of the said Incorporated Village of Malone. The Bureau shall be open
for transaction of business daily between the hours of 9:00 a.m. and
5:00 p.m., and the sessions of the Bureau shall be held as frequently
as the business of the court may require and at such times as may
be designated by the head of said Bureau.
The head of the Traffic Violations Bureau may, with the consent
of the Village Board, appoint a Clerk of the Bureau. The compensation
of the Clerk shall be fixed by the Village Board. It shall be the
duty of the Chief of Police of the Incorporated Village of Malone
to designate if he feels the need either for one or more persons under
his jurisdiction from time to time as may be required by the head
of the Traffic Violations Bureau to perform such services as attendants
of the court as may be required. No such persons shall receive additional
compensation for any services rendered under such designation.
The head of the Traffic Violations Bureau shall keep a check
of all the cases brought before it showing the disposition thereof
and the Village Board of the Incorporated Village of Malone shall
further provide monies for the head of the Traffic Violations Bureau
to purchase for the use of such Bureau such dockets, records, blanks,
papers, books and stationery as may be necessary for the conduct of
the work of the court.
The head of the Traffic Violations Bureau shall receive fines,
fees and penalties assessed and payable in the said Bureau and they
shall be paid over in the same manner and at the same time as fees
and penalties assessed in traffic-infraction cases heretofore arising
in the Police Court of the Village of Malone.
The head of the Traffic Violations Bureau of the said Incorporated
Village of Malone shall execute and file with the Village Board of
the Village of Malone a bond for such penal sum as may be prescribed
by the Village Board of the Incorporated Village of Malone and the
fee therefor to obtain said penal bond shall be paid for out of the
common treasury of the Incorporated Village of Malone.
The jurisdiction of the Police Court for the Incorporated Village
of Malone is hereby modified to exclude therefrom those duties, powers
and jurisdiction herein imposed and conferred upon the Bureau of Traffic
Violations.
This resolution shall take effect immediately and copies of
this resolution shall be made available to the general public upon
payment of such printing fees as the head of the Traffic Violations
Bureau shall set with the consent of the Village Board of the said
Incorporated Village of Malone.
