[HISTORY: Adopted by the Board of Trustees of the Village
of Cazenovia 1-4-2010 by L.L. No. 2-2010. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 169.
It is the intent of the Board of Trustees to relieve the Justice
Court of the Village of Cazenovia of administrative burdens in connection
with the collection of fines for parking violation offenses. This
chapter is adopted pursuant to the authority of Article 14-B of the
General Municipal Law, as amended.
The Justice Court of the Village of Cazenovia is hereby authorized
to establish a Parking Violations Bureau to assist the Court in the
disposition of offenses in relation to parking violations. The Village
Justice Court is hereby authorized to designate the Village Clerk
as head of such Bureau, which shall be open at such hours as the Court
may designate.
A.
The Bureau so establish shall be authorized to dispose of parking
violations only and to collect the fines presently designated by the
Court as penalties for parking violations over which the Bureau has
jurisdiction.
B.
Notwithstanding any provision herein, such Bureau shall not be authorized
to deprive a person of his right to counsel or of exercising his right
to appear in the Village Justice Court.
C.
Within the limits prescribed by law, the Court may provide different
fines for different offenses and may provide for graduated fines to
be based on the number of prior parking offenses for which a person
has been convicted within such time as the Court shall designate.
D.
The Parking Violations Bureau shall keep a record of all parking
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 dispositions thereof. The Parking Violations
Bureau shall also perform such other or additional duties and keep
such other or additional records as shall be prescribed from time
to time by the Village Court and the Justices thereof.
Notwithstanding any other provision herein, any person who shall
have been, within the preceding 12 months, guilty of more than six
parking violations shall not be permitted to appear and answer to
a subsequent violation at the Parking Violations Bureau but must appear
in Court at a time specified by the Bureau.
A.
A person charged with a parking offense may answer at said Bureau
within 30 days either by appearing personally or by written limited
authorization in the form hereinafter set forth, by paying a prescribed
fine and, in writing, 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 said fine.
B.
Acceptance of the prescribed fine and limited authorization by the
Bureau shall be deemed complete satisfaction for the violation, and,
upon request, the violator shall be given a receipt which so states.
C.
If the person charged with any parking offense under the traffic
ordinances, rules and regulations of the Village, or the Vehicle and
Traffic Law of the State of New York, which are within the jurisdiction
of the Parking Violations Bureau, does not appear in response to a
notice affixed to his motor vehicle within 30 days, the Bureau shall
send that person a letter or notice informing him of the violation
and warning him that he will be held responsible for the appearance,
and in the event that such letter or notice is disregarded for a period
of seven days, a complaint may be filed against him and a warrant
issued for his arrest and appearance before the Court.
The person charged with an offense which may be disposed of
by the Parking Violations Bureau may appear personally before the
Bureau or may cause another to appear in his stead by executing a
limited authorization and waiver in substantially this form:
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I, the undersigned, do hereby waive a hearing in Court and plead
guilty to the parking violation as charged on the _____ day of _____,
_____, and duly authorize the person in charge of the Parking Violations
Bureau to appear in Court, enter my plea and pay my fine which is
enclosed herewith. I understand that I have a right to a trial and
that my signature to this plea of guilty will have the same force
and effect as a judgment of Court.
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Dated: _____________
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Defendant's Signature:
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Print Name:
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Address:
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Any ambiguity with respect to any provision herein or interpretation
hereof shall be governed by Article 14-B of the General Municipal
Law, as amended.
