[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:
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TO:
TRAFFIC VIOLATIONS BUREAU OF CHEEKTOWAGA CHEEKTOWAGA
TOWN HALL
BROADWAY AND UNION ROAD
CHEEKTOWAGA, NEW YORK
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________________________ 19_______ ___________________________
the undersigned, having been given a tag or summons by a police officer
for an offense payable in the Traffic Violations Bureau of the Town
of Cheektowaga, hereby pays the sum of $______ as prescribed by the
Justice Court of the Town of Cheektowaga in complete satisfaction
for the offense and waives a hearing in Court, pleads guilty to the
charge and authorizes the person or persons in charge of the Bureau
to make such a plea and pay such a fine in Court.
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State of New York
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)
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County of Erie
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) ss:
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City of Buffalo
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)
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On the _______ day of ______________, 19 _______,
before me personally appeared to me known and known to me to be the
individual described in and who executed the foregoing instrument
and acknowledged to me that he executed same.
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[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.
