[HISTORY: Adopted by the Town Board of the Town of Southampton as Ch.
12 of the 1979 Code. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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 Violation Bureau.
C.
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.
D.
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.
E.
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.
F.
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:
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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.)
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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.)
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Signed ____________________________________________
Print Your Name ____________________________________
Address ___________________________________________
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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.
