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State law references: Municipal authority to establish Traffic
Violations Bureau, § 370 of the General Municipal Law; jurisdiction,
procedure of Bureau, § 371 of the General Municipal Law.
[Ord. of 5-19-1952, § 1]
The City Court of the city and the Judge thereof are hereby
authorized and empowered to establish a Traffic Violations Bureau
in the city, pursuant to the provisions of Article 14-B of the General
Municipal Law of the State of New York, to assist the City Court in
the disposition of offenses in relation to traffic violations.
[Ord. of 5-19-1952, § 2]
The Traffic Violations Bureau shall be in charge of such person
and shall be open at such hours and on such days as the City Court
or the Judge thereof may designate.
[Ord. of 5-19-1952, § 3]
The Traffic Violations Bureau shall be authorized and empowered
to dispose of violations of traffic laws, ordinances, rules and regulations
when such offenses shall not constitute a traffic infraction known
as "speeding" or a misdemeanor or felony by permitting a person charged
with an offense, within the limitations above stated, to answer, within
48 hours at said Traffic Bureau, either in person or by written power
of attorney in the form hereinafter set forth, 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 plea and pay the fine prescribed therefor in the city. Acceptance
by the Traffic Violations Bureau of the prescribed fine and power
of attorney shall be deemed complete satisfaction for the violation,
and the violator shall be given a receipt which so states.
[Ord. of 5-19-1952, § 4; Ord. of 4-19-1999, § 1]
The written power of attorney and waiver provided for in Section 13-39 shall be in substantially the following form:
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"I, the undersigned, do hereby enter my appearance on the above
traffic offense. I understand that I have a right to a trial and that
a plea of guilty will have the same force and effect as a conviction
after trial. I do hereby plead "guilty" to said offense as charged,
waive my right to a trial and agree to pay the fine prescribed above.
I also authorize the person in charge of the Traffic Violations Bureau
of the City of Poughkeepsie to make a plea of guilty and pay the said
fine in court.
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Defendant's Name
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Address
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Signature"
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[Ord. of 5-19-1952, § 5]
If a person charged with a traffic violation does not answer
as hereinbefore prescribed, within the forty-eight-hour period prescribed
therefor, the Traffic Violations Bureau shall cause a complaint to
be entered against him forthwith and a warrant to be issued for his
arrest and appearance before the City Court.
[Ord. of 5-19-1952, § 6]
Any person who, within the preceding 12 months, shall have been
found guilty of a number of parking violations in excess of such maximum
number as may be designated by the City Court or three or more violations
other than parking violations shall not be permitted to appear and
answer to a subsequent violation at the Traffic Violations Bureau,
but must appear in the City Court at a time specified by the Bureau.
[Ord. of 5-19-1952, § 7]
The City Court and the Judge thereof shall designate the fines
to be paid for offenses which may be satisfied at the Traffic Violations
Bureau, provided that such fines are within the limitations established
by law or ordinances as penalties for such offenses.
[Ord. of 5-19-1952, § 8]
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 Traffic Violations Bureau, and also a record of
all fines collected and the disposition thereof. The Traffic Violations
Bureau shall also perform such other or additional duties and keep
such other or additional records as shall be prescribed from time
to time by the City Court and/or the Common Council of the city.
