[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 20-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
The Village Justice is hereby authorized and empowered to establish
a Traffic Violations Bureau to assist the Village Justice Court in
the disposition of offenses in relation to traffic violations.
A.
The
Village Justice shall appoint from time to time, subject to and after
the approval of the Board of Trustees, the person or persons who shall
be in charge of such Bureau.
B.
Said
appointments shall be made for periods not to exceed one official
year.
C.
Such
persons appointed shall receive such compensation as the Board of
Trustees may determine.
D.
The
Village Justice shall file in writing with the Village Clerk evidence
of such appointments.
A.
The
Traffic Violations Bureau shall be authorized to dispose of violations
of traffic laws, rules and regulations when such offenses shall not
constitute the traffic infraction known as speeding or a misdemeanor
or a felony.
B.
The
Village Justice shall designate and determine the particular violations
to be disposed of by said Bureau.
C.
The
Village Justice shall file in writing with the Village Clerk a schedule
of the designated violations.
A.
The
Village Justice Court is hereby empowered to determine the amount
of the fine to be paid for each particular offense which may be satisfied
at the Traffic Violations Bureau as hereinbefore stated, provided
that such fines are within the limits established as penalties for
such offenses.
B.
The
Village Justice shall file in writing a schedule of such fines in
the office of the Village Clerk.
A person charged with any of the offenses, designated as provided in § 30-4 of this chapter, shall be permitted to answer such charge at the Traffic Violations Bureau by appearing in person at such Bureau, paying the fine prescribed and filing a written waiver and power of attorney, waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Bureau to make such a plea and to pay such fine in court.
The length of time, as calculated from the service of a summons,
within which a person shall be permitted to appear before the Traffic
Violations Bureau shall be determined by the Village Justice, and
he shall file with the Village Clerk a schedule of the time limits
for such appearances.
The written waiver and power of attorney provided for in § 30-6 shall be substantially in the following form:
|
WAIVER AND POWER OF ATTORNEY
| |
|---|---|
|
I, the undersigned, did violate Section _______ of the Code
on the _____ day of _____________, 20___ and do hereby waive a hearing
in court and plead guilty to the charge, and authorize the person
in charge of the Traffic Violations Bureau to make such a plea in
my behalf, and I agree to pay a fine of $____________. I have been
informed of my right to counsel, and of my right to appear in court
to answer to, explain or defend any charge of violation of any traffic
law, ordinance, rule or regulation, and I hereby waive such rights.
| |
|
Signature:
| |
|
Address:
| |
|
Dated: ___________________________
| |
|
Witnessed:
| |
|
__________________________________
(Traffic Violations Bureau)
| |
Acceptance of the prescribed fine, waiver and power of attorney
provided for herein by Traffic Violations Bureau shall be deemed complete
satisfaction for a violation, and the violator shall be given a receipt
by the persons in charge of said Bureau. The form of the receipt shall
be prescribed by the Village Justice.
If a person charged with a traffic violation does not answer
as prescribed in this chapter within the time designated, the Traffic
Violations Bureau may cause a complaint to be entered against said
person forthwith and a warrant to be issued for his arrest and appearance
before the Court.
[Amended 3-8-2010 by L.L. No. 2-2010]
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 Traffic Violations Bureau, or guilty
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.
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.
The Traffic Violations Bureau shall perform such other or additional
duties and keep such other or additional records as shall be prescribed
by the Village Justice or the Board of Trustees.
The Traffic Violations Bureau may be discontinued by the Village
Justice at any time upon order of the Board of Trustees.
