[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers
Falls 11-8-1978 as L.L. No. 3-1978. Amendments noted where applicable.]
The Village Justice is hereby authorized to establish a Traffic Violations
Bureau as provided in Article 14-B of the General Municipal Law.
The Bureau shall be empowered to dispose of violations of traffic laws,
ordinances, local laws, rules and regulations when such offenses shall not
constitute the traffic infraction known as speeding or a misdemeanor or felony.
A person charged with an offense within the jurisdiction of the Bureau
shall be permitted to answer at the Bureau within a specified time, either
in person or by written power of attorney in the form hereinafter prescribed,
by paying a designated fine and, in writing, 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 pay such fine in court. Acceptance of the prescribed
fine and power of attorney by the Bureau shall be deemed complete satisfaction
for the violation, and the violator shall be given a receipt which so states.
If a person charged with a traffic violation does not answer as hereinbefore
provided within the time specified, the Bureau shall cause a complaint to
be entered against him forthwith and a warrant to be issued for his arrest
and appearance before the court.
A.
Any person who shall have been, within the preceding
twelve (12) months, guilty of a number of parking violations in excess of
such maximum number as may be designated by the court or of three (3) 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 the Bureau.
B.
The Traffic Violations Bureau shall not be authorized
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, local law, rule or regulation.
The court shall designate the fines to be paid for offenses which may
be satisfied at the Bureau, provided that such fines are within the limits
established as penalties for such offenses.
The Bureau shall be in charge of and shall consist of such person or
persons as the court shall designate, subject to approval of the Board of
Trustees.
The Bureau shall be open at such hours as the court may designate.
The written power of attorney and authorization provided for in § 32-3 hereof shall be as follows:
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I, the undersigned, do hereby waive a hearing in court and plead guilty
to the traffic infraction of (insert designation of violation charged) and
duly constitute the person in charge of the Traffic Violations Bureau my attorney-in-fact,
authorizing him to appear in court, enter my plea and pay my fine of (insert
amount of designated fine).
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Name
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Address
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Date
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The 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
Bureau shall also perform such other or additional duties and keep such other
or additional records as may be prescribed by the court and/or the Board of
Trustees.
