A.
Penalties for traffic infractions. Every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $200 or by imprisonment for not more than 45 days, or both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. However, for each parking violation of the fire lanes/zones established pursuant to this chapter, Chapter 100, Fire Lanes, and the Uniform Fire Prevention and Building Code of the State of New York, the minimum fine shall be $75 for each conviction.
A.
Duties of Police Department. It shall be the duty of any employee
of the Mount Morris Police Department, as shall be designated by the
Chief of Police, to enforce parking regulations, to affix to any vehicle
parked in violation of any section of any article of this chapter
of the Code of the Village of Mount Morris or the provision of any
law of the State of New York governing parked or standing vehicles,
a ticket, in such form as approved by the Board of Trustees.
B.
Form of ticket. Such ticket shall contain a notice, directed to the
owner or operator of the vehicle to which it is affixed, that the
vehicle to which it is affixed has been parked in violation and instructing
such owner or operator that he/she is subject to penalties as listed
and hereinafter provided.
C.
Penalties for offenses. Any person who violates any section of any
article of this chapter of the Code of the Village of Mount Morris
or any provision of any law of the State of New York governing parked
or standing vehicles within the Village of Mount Morris shall, upon
receiving a parking ticket, as approved by the Board of Trustees,
be subject to such penalties as shall from time to time be set by
resolution of the Board of Trustees and set forth on the Village Fee
Schedule and the parking ticket. In the event that said penalty is
not paid within 10 days, the amount shall increase as established
by the Board of Trustees, as set forth on the Village Fee Schedule
and parking ticket.
It is both prudent and equitable to impose the cost of services
to process traffic violations directly on the motorists who have created
the need for such services without increased costs to taxpayers. With
this principle guiding the Village Board of Trustees, the following
fees shall apply.
|
Type
|
Fee
|
|---|---|
|
Driver responsibility fee
|
A $30 administrative fee, in addition to any other fine or sentence
imposed by the Village Court, shall be assessed for each traffic violation
that has been adjudicated to a final disposition other than not guilty
or dismissal. The court will not impose more them two driver responsibility
fees per incident.
|
|
Scofflaw/default judgment administrative processing fee
|
A $30 administrative fee to defray the costs of processing a
scofflaw/default judgment request. A scofflaw request includes notifying
NYSDMV. A scofflaw/default judgment request requires sending a certified
or registered mailing, return receipt requested, to each scofflaw/default
judgment candidate.
|
|
Motion to vacate disposition application fee
|
A $50 administrative fee to defray the costs of processing a
written application of coram nobis motion to vacate a disposition.
The process includes reviewing why the defendant-motorist has a meritorious
defense. The process involves a prosecutor review and written or oral
response, judicial review and/or judicial hearing, clerical support
and in some cases filing various documents with NYSDMV to vacate the
previously disposed violation on the defendant motorist's driving
record.
|
|
Administrative fee for filing judgments
|
A $50 administrative fee to defray the costs of filing money
judgments in the Livingston County Clerk's office. The process
includes judicial approval, clerical support, office supplies, and
postage.
|
|
Late fees
|
Penalties shall be added to the fine for late payment as follows:
After 30 days: $50.
After 60 days: additional $20 = $70.
After 90 days: additional $20 = $90.
The above-referenced time frames may be amended by the Mount
Morris Village Justice Court.
|
A.
Except those parts, if any, which are subject to approval under § 1684
of the Vehicle and Traffic Law of the State of New York, this chapter
and any regulations adopted hereunder shall take effect as provided
by law.
B.
Any part or parts of this chapter and any regulations adopted hereunder
which are subject to approval under § 1684 of the Vehicle
and Traffic Law of the State of New York shall take effect from and
after the day on which approval, in writing, is received from the
New York State Department of Transportation.
If any article, section, subsection, paragraph, sentence, clause
or provision of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the article, section, subsection, paragraph, sentence,
clause or provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
All prior ordinances, regulations and rules, or parts thereof,
of this Village regulating traffic and parking are hereby repealed,
except that this repeal shall not affect or prevent the prosecution
or punishment of any person for any act done or committed in violation
of any ordinance, regulation or rule hereby repealed prior to the
taking effect of this chapter.
