A.
Authorization. The Village Justice of the Incorporated Village of
Old Brookville is hereby authorized to establish a Traffic Violations
Bureau pursuant to the provision of Article 14-B of the General Municipal
Law.
B.
Scope of authority. The Traffic Violations Bureau, when established,
is hereby authorized 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, and
to adjudicate the liability of owners for violations of Subdivision
(d) of § 1111 of the New York State Vehicle and Traffic
Law in accordance with § 1111 of such law.
C.
Appearance; failure.
(1)
Any summons charging a parking violation may be served upon the violator
in person, or may be affixed to the motor vehicle involved in the
violation.
(2)
If, in any parking violation case where the summons was affixed to
the motor vehicle and not served personally, no one answers as hereinabove
provided within the time designated in the summons, the Traffic Violations
Bureau shall send a letter by certified mail return receipt requested
to the registered owner of such vehicle as disclosed by the records
of the Department of Motor Vehicles, enclosing a copy of the summons
and warning the registered owner that he or she will be held responsible
for the appearance of the offender, and directing the registered owner
to answer the summons in the manner hereinabove provided within a
designated time which shall not be less than six days from the date
of the mailing said letter.
(3)
If any person served personally with a summons under this article, or if any registered owner of the motor vehicle involved who is served and notified as provided in Subsection C(2) of this section, does not answer as hereinabove provided within the designated time, the Traffic Violations Bureau shall cause a complaint to be entered against him or her forthwith and shall apply for a warrant to be issued for his or her arrest and appearance before the Village Court.
D.
Power of attorney. The power of attorney referred to in this chapter
shall be in the following form:
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Power of Attorney
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The undersigned hereby acknowledges service of the summons herein,
waives a hearing in court, pleads guilty to the offense charged in
said summons, and authorizes the Clerk of the Traffic Violations Bureau
of the Incorporated Village of Old Brookville to appear in court for
me, to make such plea of guilty on my behalf and to pay the prescribed
fine using the money enclosed.
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Signed
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Print your name
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Address
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E.
Multiple violations. No appearance shall be accepted from any person
who has been guilty of three or more violations within the preceding
12 months.
F.
Right to attorney, court appearance. Nothing contained in this chapter
shall authorize the Traffic Violations Bureau to deprive a person
of his or her right to be represented by an attorney or to prevent
him or her from exercising his or her right to appear in court to
answer, to explain, or to defend any charge of a violation of any
traffic law, ordinance, rule or regulation.
G.
Duty to maintain records, submit monthly reports. The Traffic Violations
Bureau shall keep complete and accurate records and submit detailed
monthly reports to the Village Justice of all notices issued and arrests
made for violations of the traffic law, ordinances, rules and regulations,
and of all fines collected by the Traffic Violations Bureau and simultaneously
transmit all sums collected to the Village Justice or acting Village
Justice.
H.
Other duties. The Traffic Violations Bureau shall perform such other
duties as may be prescribed by the Village Justice.
The Village Justice shall prescribe the fine to be paid for
offenses which may be satisfied at the Traffic Violations Bureau,
provided such fines are within the limits established as penalties
for such offenses by law.
