[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
6-26-1962 (Ch. 46 of the 1981 Code). Amendments noted where applicable.]
The Village Justice of the Village is hereby authorized to establish
a Traffic Violations Bureau to assist such court in the disposition of offenses
in relation to traffic violations as hereinafter provided in this chapter.
Such court is further authorized to designate such person or persons to be
in charge of such Bureau and to designate the hours during which such Bureau
will be open.
The Traffic Violations Bureau is authorized to dispose of violations
of parking and traffic laws, ordinances, rules and regulations when such offenses
shall not constitute the traffic infraction known as "speeding" or a misdemeanor
or felony.
A.
Any person charged with an offense within the limitations
of this chapter may, and is hereby permitted to, answer, within a specified
time, at said Traffic Violations Bureau, either in person or by written power
of attorney in such form as is hereinafter prescribed in this chapter, by
paying a prescribed fine and, in writing, waiving a hearing in the Village
Justice Court, pleading guilty to the charge and authorizing the person in
charge of said Bureau to make such a plea and pay such a fine in court.
B.
Acceptance of the prescribed fine and power of attorney
by the Traffic Violations Bureau shall be deemed a complete satisfaction for
the violation, and the violator shall be given a receipt which so states.
C.
If a person charged with a traffic violation does not
answer, as hereinbefore prescribed, within a designated term, said Bureau
shall cause a complaint to be entered against him forthwith and a warrant
to be issued for his arrest and appearance before the Village Justice Court.
D.
Any person who shall have been, within the preceding
12 months, guilty of a number of parking violations in excess of such maximum
number as may be designated by the Village Justice Court, or of 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 court at a time specified by said Bureau.
E.
The Traffic Violations Bureau shall not be authorized
to deprive a person of his right to counsel nor prevent him from exercising
his right to appear in Village Justice Court to answer to, explain or defend
any charge of a violation of any traffic law, ordinance, rule or regulation.
The Village Justice Court is hereby authorized to designate the fines
to be paid for the offenses which may be satisfied at the Traffic Violations
Bureau, provided that such fines are within the limits established as penalties
for such offenses, and is further authorized to designate the period or periods
of time within which a person charged with such an offense may answer at the
Traffic Violations Bureau.
The Traffic Violations Bureau shall keep a record of all violations
of which each person has been guilty, whether such guilt was established in
the Village Justice Court or in the Traffic Violations Bureau, and also a
record of all fines collected and the disposition thereof. Such Traffic Violations
Bureau shall also perform such other or additional duties and keep such other
or additional records as shall be prescribed by the Village Justice Court
and/or the Board of Trustees of this Village.
The written power of attorney to be used by persons answering charges
by power of attorney in the manner prescribed in this chapter shall be in
substantially the following form:
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I, the undersigned, hereby waive a hearing in the Village Justice Court
of the Village of Babylon, New York, and I hereby plead guilty to the violation
specified in the annexed summons. I do hereby authorize the person in charge
of the Traffic Violations Bureau, Village of Babylon, New York, to enter such
plea of guilty for me and in my behalf in the said Village Justice Court as
though I were personally present and to pay the prescribed fine for me and
on my behalf in said court.
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Dated: ____________ day of _______________, 2_____
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