Editor’s Note: The title of this chapter, which was formerly Traffic Violations Bureau, was amended 1-15-2013.
For the purpose of promoting the health, safety, morals and general welfare of the community of the Town of Islip and to provide a forum for the disposition of offenses in relation to parking violations pursuant to the provisions of Article 14B, §§ 370, 371 and 372, of the General Municipal Law, the Town Board of the Town of Islip hereby establishes a Parking Violations Bureau (hereafter the "Bureau") to hold hearings with regard to such offenses and to have a hearing officer or officers preside at such hearings and adjudicate such matters and to set and collect fines for such offenses.
[Amended 4-14-2009 by L.L. No. 3-2009]
The Commissioner of the Department of Public Safety Enforcement shall be responsible for the administration of the Bureau and for the appointment of hearing officers, subject to Town Board approval, who shall not be employees of the Town of Islip, except to the extent that they shall be entitled to such per-diem compensation as is, from time to time, established by the Town Board. The Commissioner of the Department of Public Safety Enforcement will also appoint a Bureau Clerk and other personnel as it is deemed necessary to effectively administer said Bureau. The Bureau shall establish the dates and times for such hearings and establish fines and collection procedures.
The Bureau is authorized to adjudicate and dispose of violations of parking laws, ordinances and regulations written pursuant to Islip Town Code.
A person who has received a notice of violation as provided in this Code may, within the time specified in such 30 days’ notice, appear in person at the Bureau to plead not guilty, whereupon a hearing date shall be set, plead guilty and pay the prescribed fine or plead guilty with an explanation, and the hearing officer shall, at or upon the next hearing date, determine whether such explanation warrants mitigation of the fine, in whole or in part, or refuse to mitigate the same; and notice of said decision shall be forwarded by mail to such person upon such adjudication; or such person may, within the time specified in said notice by a writing mailed to the Bureau, waive a hearing before said Bureau and enter a plea of guilty, and each person with such mailing shall pay the prescribed fine; or such person may, within the time specified in said notice by a writing mailed to the Bureau, waive a hearing and plead guilty with an explanation, whereupon the hearing officer shall, at or before the next hearing date, determine whether such explanation warrants mitigation of the fine, in whole or in part, and notice of such decision shall be provided by mail to such person; or plead not guilty, and a hearing date shall be thereafter fixed and notice thereof forwarded by mail to such person.
In any event where a person shall plead guilty with an explanation, such person shall be entitled to submit a written explanation and/or such evidence as such person may deem appropriate.
Payments of the prescribed or mitigated fine to the Bureau and receipt and acceptance of same by the Bureau shall be complete satisfaction of the violation, unless a conditional discharge shall have been fixed by the hearing officer.
The Bureau shall give a written receipt for all fines paid.
The duties of the Bureau shall be as follows:
It shall accept designated fines and issue receipts to those who desire to plead guilty and waive a hearing.
It shall adjudicate the claims of those who plead guilty with an explanation and mitigate the prescribed fine, in whole or in part, or refuse to mitigate the same. The hearing officer may also issue a conditional discharge on such conditions as are appropriate. It shall adjudicate the claims of those who plead not guilty after being advised, in writing, of their right to counsel and the date of hearing to answer and defend any charge of a violation of any parking law, ordinance, rule or regulation.
It shall keep an easily accessible record of all violations of which each person that has pleaded or been found guilty during the preceding 12 months.
If a person charged with violation of such parking laws, ordinances, rules and regulations does not appear and answer in response to such notice as provided in this Code, the Bureau shall send to the owner of the motor vehicle to which the notice was affixed a letter warning such owner that such owner shall be held responsible for the appearance of the offender and, in the event that such owner or the operator of said vehicle at the time of such violation fails to appear at the Bureau within 10 days of mailing of such notice, a complaint may be filed and a warrant of arrest may issue, and/or the hearing officer may impose those additional penalties so detailed in § TC7-11 hereof.
In the event that any person fails to comply with a notice as provided in this Code or fails to make an appearance pursuant to an appearance ticket at the Bureau as provided by this Code or fails to appear for a scheduled hearing, the Bureau may make application as is appropriate to secure a warrant for such persons arrest.
The Bureau shall keep records of all appearance tickets for all notices issued and all arrests made for violation of the parking laws, ordinances, rules and regulations and of all fines imposed and all fines collected by the Bureau and of the final disposition or present status of every summons, notice or appearance ticket issued pursuant to the parking laws, ordinances, rules and regulations of the Town.
The Bureau shall perform such other or additional duties and keep such other and additional records as shall be prescribed by the Town Board of the Town of Islip.
The Bureau shall adopt and promulgate its own rules and regulations as to its forms and procedures.
A guilty plea to a parking violation may be entered in absentia as referred to in § TC7-4 hereof. The plea may be submitted to the Bureau in person, by duly authorized agent, by first class mail or by registered or certified mail, return receipt requested, and shall be in the following form:
|I hereby plead guilty to the charge stated on the reverse side of this ticket; waive arraignment in open court and a formal hearing; waive the aid of counsel. I elect and request this charge be disposed of and the fine or penalty fixed by the court, pursuant to § 1807 of the New York State vehicle and traffic law.|
|Signature Date ___________|
|Enclose check, cashier's check or money order payable to Town of Islip Parking Violations Bureau, in the affixed envelope, place stamp on envelope and mail. Plate number must be written on your check.|
|A plea of guilty to this charge is equivalent to a conviction after trial. If you are convicted, not only will you be liable to a penalty, but in addition your license to drive a motor vehicle or motor cycle, and your certificate of registration, if any, will be subject to suspension and revocation as prescribed by law.|
|For failure to answer a parking ticket after 30 days of date of violation, a penalty will be imposed resulting in the fine being doubled. For failure to answer a parking ticker within 60 days of date of violation, the sum of the original fine plus double the penalty will be added. Failure to answer a parking ticket after 90 days of date of violation will result in an additional penalty of $20 being imposed.|
|Additionally, failure to answer a parking ticket may result in one or more of the following consequences:|
|1) You being classified as a scofflaw, thereby resulting in nonrenewal of your motor vehicle registration.|
|2) The filing of a civil default judgment against you that may adversely affect your credit rating.|
|3) The immobilization of your motor vehicle.|
|4) The seizure of your motor vehicle.|
|Send payment to:||Parking Violations Bureau Town of Islip 28 Nassau Avenue Islip, NY 11751-3633|
Editor's Note: This resolution also repealed former § TC7-6, Power of attorney.
Any person appearing before the Bureau may appear on his/her own behalf or may be represented by counsel of his/her own choice.
All fines collected pursuant to this chapter shall be paid to the Parking Violations Bureau of the Town of Islip.
If any section, provision or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.
This chapter shall be effective January 1, 1993.
Notwithstanding any other provision in any law, ordinance or regulation to the contrary, failure to pay or answer a notice of violation returnable to the Parking Violations Bureau within 30 days of issuance thereof may result in additional penalties. Such additional penalties shall include:
In the event a person charged with a parking violation does not answer within the time specified, the Bureau may enter a plea of guilty on behalf of the defendant and render a default judgment of a fine determined by the hearing officer within the amount authorized by law, pursuant to New York State Vehicle and Traffic Law § 1806-a. Any judgment entered pursuant to default shall be civil in nature, but shall be treated as a conviction for the purposes of this section.
At least 30 days after the expiration of the original date prescribed for entering a plea and before a plea of guilty and a default judgment may be rendered, the Bureau shall notify the defendant by certified mail of the violation charged, of the impending plea of guilty and default judgment; that such judgment will be filed with the county clerk of the county in which the operator or registrant is located, and that a default or plea of guilty may be avoided by entering a plea or making an appearance within 30 days of the sending of such notice. Default judgments and pleas of guilty may not be rendered more than two years after the expiration of the time prescribed for originally entering a plea.
When a plea of guilty is entered by the hearing officer for failure to appear and a default judgment is entered, the Bureau shall then file the judgment with the county clerk of the county in which the operator or registrant is located. In the event that all penalties, fines, or fees owed relating to default judgment are paid, the Bureau shall then issue a satisfaction of judgment to be filed with the appropriate county clerk's office.
When there are four or more parking violations issued against a specific vehicle for each of which a person has either failed to respond to a violation, failed to appear at a scheduled hearing, or failed to pay an amount due for at least 30 days from the date of the filing of each of those citations, the Bureau shall place the vehicle on a list of scofflaws and shall mail, by first class mail, a notice of said placement to the last known registered owner of the vehicle.
The registered vehicle owner may request an administrative review by the Bureau at any time that the vehicle is on the scofflaw list until the vehicle has been immobilized or impounded. Said review shall only examine whether the vehicle is properly on the scofflaw list and shall not examine or adjudicate the underlying citations.
A vehicle placed on the scofflaw list may be removed from the list only upon a showing by the registered owner that either:
Fewer than four of the parking violations that caused the vehicle to be included on the scofflaw list were committed while the current registered owner was the legal owner of the vehicle; or
All penalties, fines, or fees owed relating to all parking violations, plus all immobilization, towing and storage charges and administrative fees have been satisfied in full, or until a payment plan has been entered into with the Bureau.
If the notice required under § TC7-11B(1) has been met, and if a vehicle on the scofflaw list is parked in the public right-of-way or on other publicly owned or controlled property within the Town, such vehicle may be immobilized by the installation on the vehicle of a wheel locking device known as a "boot," which clamps and locks onto the vehicle's wheel and impedes movement. Once a vehicle is immobilized in this manner, it shall not be released until full payment has been made or a payment agreement has been entered into for all outstanding penalties, fines, or fees owed relating to all parking violations, plus all immobilization, towing and storage charges and administrative fees.
Any vehicle that remains booted for 48 hours or more, not including weekends, or which becomes illegally parked while booted, shall be subject to towing and impounding pursuant to § TC7-11D.
At the time the boot is installed, notice shall be left under the windshield wiper blade or shall be otherwise attached to the vehicle advising the registered owner that the vehicle has been booted by the Town of Islip for failure to respond, failure to appear at a requested hearing, and/or failure to pay amounts due for four or more adjudicated parking infractions for at least 30 days from the date of the last such adjudication issued against the vehicle; that release of the boot may be obtained by paying all outstanding penalties, fines, or fees owed relating to all parking violations, plus all immobilization, towing and storage charges and administrative fees; that unless such payment is made within two business days of the date of the notice, the vehicle will be impounded; that it is unlawful for any unauthorized person to remove the boot, to damage the boot, or to move the vehicle with the boot attached; and that the registered owner may seek an administrative review of the booting by submitting a request to the Bureau within 30 days of the release of the boot.
The vehicle may be released from immobilization when the vehicle owner or an agent of the owner pays all outstanding penalties, fines, or fees owed relating to all parking violations, plus all immobilization, towing and storage charges and administrative fees. Upon full payment or upon entry into a payment agreement, the Town or its authorized agent shall promptly remove the boot from the wheel of the vehicle. If payment is made in full, the vehicle shall be removed from the scofflaw list and shall no longer be subject to immobilization or impoundment for the paid violations.
No person other than an authorized employee or agent of the Town of Islip shall remove or enable the removal of a boot from the wheel of any vehicle on which it has been installed unless the requirements of § TC7-11C(4) have been met.
No person other than an authorized employee or agent of the Town of Islip shall move, either by towing or other means, any vehicle after it has been immobilized but before the boot has been removed.
Immobilization fees and administrative fees shall be set by the Bureau. Administrative fees, if any, shall be levied at the time the boot is removed.
A person who intentionally removes a booting device may be charged a replacement fee as determined by the Director of Purchasing and also may be prosecuted for the crime of property damage.
The registered owner of a vehicle may seek a review of the immobilization by submitting a written request to the Bureau within 10 days of the placement of the notice on the vehicle, as established by the notice date. Upon timely receipt of such written request, the Bureau shall, within a reasonable time, conduct a review of the issue of whether the immobilization was proper and shall issue a written decision setting forth the reasons on which the decision is based; provided, however, that any previously adjudicated parking violation that formed the basis of the vehicle's scofflaw status shall not be subject to review. The person seeking review shall have an opportunity to present evidence on his or her behalf.
Impoundment without prior notice. A vehicle on the scofflaw list may be impounded with or without citation and without giving prior notice to its owner only when a vehicle is parked in a public right-of-way or on other publicly owned or controlled property, pursuant to § TC6-3 of this Code.
Nonrenewal of New York State motor vehicle registration. In the event that a vehicle owner should fail to appear on the return date or any subsequent adjourned date in response to three or more parking violations summonses issued within an eighteen-month period charging violations of the parking laws, ordinances and regulations written pursuant to Islip Town Code, the Bureau shall so notify the Department of Motor Vehicles, which shall then deny the vehicle's registration or renewal application pursuant to New York State Vehicle and Traffic Law § 401-5a.