[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi 5-24-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 276.
[1]
Editor's Note: This local law also superseded former Ch. 81,
Traffic Violations Bureau, adopted 11-13-1967 by Ord. No. 37 (Ch.
42 of the 1979 Code).
For the purpose of assisting the Town Justice of the Town of
Delhi, New York, in the disposition of charges in relation to traffic
violations within the Village of Delhi, pursuant to Article 14-B of
the General Municipal Law of the State of New York, the Village of
Delhi is hereby authorized to establish a Traffic Violations Bureau.
The Traffic Violations Bureau is hereby authorized:
A.
To dispose of traffic violations and violations of parking ordinances
as well as rules and regulations of the Village of Delhi relating
to traffic and parking enforcement.
B.
To receive cash bail bonds in the amounts specified by a Town Justice
of the Town of Delhi from all persons who must or wish to be heard
in the Town of Delhi Justice Court concerning violations of Village
parking ordinances, rules and regulations, when such violations occur
at such times when the Town Justice Court is not in session or cannot
be legally convened.
The Village of Delhi Board of Trustees shall designate an individual
or Village department to be in charge of the Traffic Violations Bureau.
The Village of Delhi Board of Trustees shall also designate such hours
that the Traffic Violations Bureau shall be open.
A.
The following duties are hereby imposed upon the Traffic Violations
Bureau. It shall:
(1)
Accept designated fines and issue receipts therefor covering violations
of the parking ordinances, rules and regulations of the Village of
Delhi;
(2)
Receive and issue receipts for cash bail bonds at times and in amounts
to be designated or specified by the Town Justice of the Town of Delhi;
(3)
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 Violations Bureau;
(4)
Cause a complaint to be entered and a summons issued for the appearance
of all persons violating the parking ordinances of the Village of
Delhi when such persons charged with such violations of such ordinances
do not answer within a designated time;
(5)
Send to the owner of the motor vehicle a letter informing him or
her that he or she failed to respond to a notice affixed to his or
her motor vehicle and/or failed to pay a fine in a timely manner,
and warning him or her that he or she will be held responsible for
the appearance of the offender, and in the event that such a letter
is disregarded for a period of two days after it is sent, a complaint
will be filed and a warrant for arrest issued and/or notification
will be sent pursuant to the New York State Parking Scofflaw Program
to bar the reregistration of a Scofflawed vehicle;
(6)
For failure of a person to comply with the notice affixed to his
or her motor vehicle or failure to appear pursuant to a summons directing
an appearance in the Traffic Violations Bureau or the Town of Delhi
Justice Court, or pay a fine, or if any person fails or refuses to
deposit bail, forthwith have a complaint entered against such person
and secure and issue a warrant for his or her arrest;
(7)
At its discretion, not accept a fine for a violation of the parking
ordinances, rules and regulations from any person who has been guilty
of three or more violations of such parking ordinances, rules and
regulations within the preceding 12 months. Such person guilty of
three or more violations must be summoned to appear in the Town of
Delhi Justice Court;
(8)
Keep records and submit detailed monthly reports to the Town Justice
of all notices and summons issued for violations of the parking ordinances,
rules and regulations of the Village of Delhi and of all cash bail
bonds collected by the Traffic Violations Bureau and simultaneously
transmit all sums collected to the Town of Delhi Justice Court; and
(9)
Perform such other duties as may be prescribed by the Town of Delhi
Justice Court or the Mayor of the Village of Delhi.
B.
Nothing contained in this chapter shall authorize the Traffic Violations
Bureau to deprive a person of his or her rights to counsel or to prevent
him or her from exercising his or her right to appear in court to
answer, explain or defend any charge of a violation of any parking
ordinance, rule or regulation of the Village of Delhi.
The Village of Delhi Board of Trustees shall designate the amount
of the fines to be paid for offenses, which may be satisfied at the
Traffic Violations Bureau as set forth herein, provided that such
fines are within the limits established as penalties for such offenses.
The Village of Delhi Board of Trustees shall also designate the amount
of fines to be paid for unpaid offenses.
In addition to the duties set forth in § 81-4 of this chapter, a person who has received a notice of traffic infraction shall be permitted within the time specified in said notice to answer at the Traffic Violations Bureau to the charges set forth therein, except as limited by § 81-4 of this chapter, either in person or by power of attorney, by paying a prescribed fine and, in writing, waiving a hearing in court, pleading guilty to the charge and giving a power of attorney to the Traffic Violations Bureau to make such a plea and pay such a fine in court, or a person may answer said notice at said Traffic Violations Bureau by depositing a cash bail as set forth in § 81-4 of this chapter.
