[HISTORY: Adopted by the Town Board of the Town of Southampton as Ch. 12 of the 1979 Code. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 312.
For the purpose of assisting the Justice Court of the Town of Southampton in the disposition of certain traffic offenses and infractions, pursuant to the provisions of the General Municipal Law, the Justices of that Court are hereby authorized to establish a Traffic Violation Bureau for the Town of Southampton.
The Traffic Violation Bureau shall be in the charge of such person or persons as are designated by the Justice Court and shall be open during the same hours as the Justice Court.
The Traffic Violation Bureau so established is authorized to dispose of all offenses and infractions involving the parking or standing of motor vehicles and motorcycles as prohibited by the Vehicle and Traffic Law of the State of New York or by any ordinance, rule or regulation of the Town of Southampton or of any incorporated village within the Town of Southampton over which the Justice Court of the Town of Southampton has jurisdiction.
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 Violation 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 Violation 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 § 67-3 herein, within the 12 preceding months shall not be permitted to pay a fine at the Traffic Violation Bureau but must appear in Court at a time specified by the Bureau.
The duties of the Traffic Violation Bureau shall be as follows:
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.
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 Violation Bureau.
If a violator of the traffic laws, ordinances, rules or regulations does not appear and answer in response to a notice as provided in this chapter, the Traffic Violation 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.
In the event that any person fails to comply with a notice as provided in this chapter or fails to make an appearance pursuant to a summons directing an appearance in the Traffic Violation Bureau as provided by this chapter, the Traffic Violation Bureau may secure a warrant for his arrest. The Traffic Violation Bureau shall not accept any fines for such person after a warrant of arrest has been issued.
The Traffic Violation 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 records.
The Traffic Violation Bureau shall perform such other or additional duties and keep such other and additional records as shall be prescribed by the Town Justices of the Town of Southampton.
The power of attorney referred to in § 67-4 hereof shall be in the following form:
POWER OF ATTORNEY: The undersigned pleads guilty to the charge noted hereon and encloses 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 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, Southampton, New York.)
Print Your Name ____________________________________
Nothing contained in this chapter shall authorize the Traffic Violation 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 Southampton.