[HISTORY: Adopted by the Town Board of the Town of Carmel 11-30-1983
(Ch. 53A of the 1972 Code). Amendments noted where applicable.]
For the purpose of assisting the Justice Court of the Town of Carmel
(hereinafter referred to as the "Court") in the disposition of certain traffic
offenses and infractions, pursuant to the provisions of the General Municipal
Law, that Court is hereby authorized to establish a Traffic Violations Bureau
for the Town of Carmel.
The Traffic Violations Bureau shall be in charge of such person or persons
and shall be open at such hours as the Court may designate.
The Traffic Violations Bureau is authorized to dispose of traffic violations
of the Vehicle and Traffic Law of the State of New York or ordinances, local
laws, rules or regulations of the Town of Carmel, provided that such offenses
do not constitute the traffic infraction known as "speeding" or a misdemeanor
or a felony.
A person who has received a notice charging him with an offense as provided
in this chapter may, within the time specified in said notice, answer at the
Traffic Violations Bureau to the charges set forth in such notice, either
in person or by written power of attorney, by paying the prescribed fine for
such an offense and, in writing, waiving a hearing in Court, pleading guilty
to the charge and giving a power of attorney to the person in charge of the
Bureau to make such a plea and to pay such a fine in Court. Acceptance of
the prescribed fine and power of attorney by the Traffic Violations Bureau
shall be deemed complete satisfaction for the violation, and the violator
shall be given a receipt which so states.
Any person having been guilty of three or more violations, as provided in § 29-4 herein, within the 12 preceding months shall not be permitted to pay a fine at the Traffic Violations Bureau but must appear in Court at a time specified by the Bureau.
The duties of the Traffic Violations Bureau shall be as follows:
A.
It shall accept prescribed fines, issue receipts and
represent in Court such violators as are permitted to plead guilty in accordance
with this chapter and who desire to so plead guilty, waive a court appearance
and give a power of attorney.
B.
It shall keep an easily accessible record of all violations
of which each person has been guilty during the preceding 12 months, whether
such guilt was established in Court or in the Traffic Violations Bureau.
C.
If a violator of New York State or local traffic laws,
ordinances, rules or regulations does not appear and answer in response to
a notice as provided in this chapter, the Traffic Violations Bureau shall
send to the owner and/or operator of the motor vehicle to which the notice
was affixed a notice warning the owner and/or operator that he will be held
responsible for the appearance of the offender and that, in the event that
such notice is disregarded for a period of two days, a warrant of arrest may
be issued.[1]
D.
In the event that any person fails to comply with a notice
as provided in this chapter or fails to make an appearance in the Traffic
Violations Bureau as provided by this chapter, the Traffic Violations Bureau
may secure a warrant for his arrest The Traffic Violations Bureau shall not
accept any fines from such person after a warrant of arrest has been issued.
E.
The Traffic Violations Bureau shall keep records of all
notices issued and arrests made for violations of the traffic laws, ordinances,
rules and regulations and of the final disposition or present status of every
case of violation of the provisions of the traffic laws, ordinances, rules
and regulations. These reports shall be public record.
F.
The Traffic Violations Bureau shall perform such other
or additional duties and keep such other and additional records as shall be
prescribed by the Court.
The power of attorney referred to in § 29-4 hereof shall be substantially in the following form:
|
POWER OF ATTORNEY:
|
|---|
|
The Undersigned pleads guilty to the charge noted herein and enclosed
herewith the sum of $ ________ in cash, check or money order to pay the necessary
fine. (Circle the one used.)
|
|
I hereby appoint the Clerk of Justice Court as my attorney in fact to
appear for me in the said Court, to enter a plea of guilty on my behalf and
to pay the above fine to such Court, if acceptable. (Make all checks payable
to: Justice Court, Town of Carmel, New York.)
|
|
SIGNED
|
|
Print Your Name
|
|
Address
|
Nothing contained in this chapter shall authorize the Traffic Violations
Bureau to deprive a person of his right to counsel or to prevent him from
exercising his right to appear in Court to answer to, explain or defend any
charge of a violation of any traffic law, ordinance, rule or regulation.
All fines collected, upon a conviction or plea of guilty of any person
charged with a violation of any traffic law, ordinance, rule or regulation,
as herein provided, shall be paid to the Justice Court of the Town of Carmel.
