[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 9-8-1992 by L.L. No. 5-1992. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 210.
This chapter shall be known as the "Local Law Establishing a
Traffic Violations Bureau for the Village of Wesley Hills."
The Board of Trustees of the Village of Wesley Hills, wishing
to assist the residents of the Village and the Justice Court of the
Village of Wesley Hills in the disposition of offenses relating to
traffic and parking violations, does hereby, pursuant to § 370
of the General Municipal Law, authorize the Justice Court to establish
a Traffic Violations Bureau.
The Traffic Violations Bureau shall be authorized to dispose
of any violations of the traffic laws, rules and regulations 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 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.
B.
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.
C.
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 § 53-5, within a time specified on the notice of violations, 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, within the preceding 12 months, shall have been
guilty of a number of parking violations in excess of a maximum number
to be established by the 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 or her right to counsel or to prevent him or her from
exercising his or her right to appear in Court to answer to, explain
or defend any charge of a violation of any traffic law, rule or regulation.
The Justice Court shall designate the fines to be paid for offenses
which may be satisfied at the Bureau as provided in this chapter,
provided 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 in 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 the Board of Trustees.
A Traffic Violations Bureau shall be established within 10 days
after adoption of this chapter by the Board of Trustees.
