[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985 as Ch. 73 of the 1985 Code. Amendments noted where applicable.]
Pursuant to Article 14-B, §§ 370, 371 and 373, of the General Municipal Law, the Town Board of the Town of Cheektowaga hereby authorizes the Justice Court of the Town of Cheektowaga to establish a Traffic Violations Bureau to aid said Court in the disposition of traffic offenses when such offenses shall not constitute a traffic infraction known as speeding or a misdemeanor or felony.
Said Bureau shall be in charge of such person or persons and shall be open at such hours as the Justice Court of the Town of Cheektowaga may designate.
Said Traffic Violations Bureau so established is authorized to dispose of traffic violations of traffic laws, ordinances, rules and regulations when such offenses shall not constitute the traffic infraction known as speeding or a misdemeanor or felony, by permitting a person charged with an offense within the limitations herein stated to answer, within a specified time, at the Traffic Violations Bureau, either in person or by written power of attorney as herein prescribed, by paying a prescribed fine and, in writing, waiving a hearing in Court, pleading guilty to the charge and authorizing the person or persons in charge of the Bureau to make such a plea and pay such a fine in Court.
The Town Justices of the Town of Cheektowaga shall be authorized to prescribe the form of complaint in all cases involving a violation of any traffic law, ordinance, rule or regulation relating to parking, which complaint shall be known as a "parking violations ticket."
Said Traffic Violations Bureau of the Town of Cheektowaga 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, explain or defend any charge of a violation of any traffic law, ordinance, rule or regulation.
The Justice Court shall designate the fines to be paid for offenses which may be satisfied at the Bureau as hereinbefore stated, provided that such fines are within the limits established as penalties for such offenses.
The Traffic Violations Bureau as herein authorized 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 maintain a record of all fines collected and the disposition thereof. It shall also perform such other duties and keep such other or additional records as shall be prescribed by the Court and/or the Town Board of the Town of Cheektowaga.
All persons who shall appear by written power of attorney must execute the following form and forward to the Traffic Violations Bureau said form, together with their operator's license and the sum prescribed by the Justice Court of the Town of Cheektowaga:
[Added 8-3-2015 by L.L. No. 8-2015]
In the event a person charged with a traffic offense does not respond by pleading guilty or not guilty within 90 days after the issuance of the parking violations ticket, said default shall constitute a plea of guilty to the offense, and the right to a hearing shall be deemed waived.