Village of Cedarhurst, NY Chapter 57 Traffic Violation Bureau

[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 10, Art. II, of the 1964 Code of Ordinances. Amendments noted where applicable.]

§ 57-1 Establishment.

For the purpose of assisting the Village Justice of the village in the disposition of offenses in relation to traffic violations pursuant to the provisions of Article 14-B, §§ 370, 371 and 372 of the General Municipal Law, the Village Justice of said village is hereby authorized to establish a Traffic Violation Bureau.

§ 57-2 Authority; hours of operation.

The Traffic Violation Bureau shall be in charge of such person or persons and shall be open at such hours as the Village Justice of said village may designate.

§ 57-3 Jurisdiction; procedure; fine prescribed for parking offense. [1]

The Traffic Violation Bureau so established shall dispose of violations of traffic regulations affecting parking by permitting a person charged with an offense, within the limitations herein stated, to answer, within a specified time, at such Traffic Violation Bureau, either in person or by written power of attorney, in such form as may be prescribed, by paying a fine as set by the court,[2] waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Bureau to make such plea and pay such fine in court.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: The fee schedule is on file in the village offices.

§ 57-4 Satisfaction of violation; power of attorney.

Acceptance of such 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.

§ 57-5 Entry of complaint against violator.

If a person charged with a traffic parking violation, as aforesaid, does not answer, as hereinbefore prescribed, within a designated time, the Bureau shall cause a complaint to be entered against him or her forthwith and a warrant to be issued for his or her arrest and appearance before the court.[1]

[1] Editor's Note: Former Sec. 10-19, which prohibited certain repeat offenders from using the Bureau and immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 57-6 Right to counsel and right to appear in court preserved.

Such Traffic Violation Bureau shall not be authorized to deprive a person of his or her right to counsel or to prevent him or her from exercising his or her right to appear in court to answer, to explain or defend any charge of a violation of any traffic law, ordinance, rule or regulation.

§ 57-7 Payment of fines at Bureau.

The designated fines to be paid for offenses may be satisfied at the Bureau as hereinbefore stated, provided that such fines are within the limits established as penalties for such offenses.

§ 57-8 Records to be kept; additional duties to be prescribed.

The Traffic Violation 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. It shall also perform such other or additional duties and keep such other or additional records as shall be prescribed by the Village Justice or the Board of Trustees.

§ 57-9 Form of power of attorney.

The power of attorney referred to in § 57-4 hereof shall be in the following form:

"Whereas, I have been served with summons for a violation of the traffic ordinances of the Village of Cedarhurst, and

Whereas, it is my desire to plead guilty to such violation, I do hereby authorize the Village Clerk-Treasurer, giving him/her full power and authority on my behalf and to pay the fine assessed for such violation.

_____________________

Signature"