[HISTORY: Adopted by the Common Council of the City of Hornell at
time of adoption of Code; see Ch. 1, General Provisions, Art. II. Amendments
noted where applicable.]
The City Court of the City of Hornell, New York, is hereby authorized
to establish a Traffic Violations Bureau to assist the Court in the disposition
of offenses in relation to traffic violations, pursuant to Article 14-B of
the General Municipal Law.
The City Court shall designate the person or persons who shall be in
charge of the Traffic Violations Bureau and the days and hours that the Bureau
shall be open for the transaction of its official business.
The Traffic Violations Bureau is hereby authorized to dispose of violations of traffic laws, ordinances, rules and regulations of the City of Hornell, New York, except for speeding offenses, or misdemeanors or felonies, within 10 days after a person has been notified of a violation or such other period as is authorized by the traffic citation by the affixing of a notice of violation on a vehicle parked in violation of Chapter 300, or any traffic law, rule or regulation, or within three days after personal service of a uniform traffic summons. Days that the Bureau shall not be open for official business shall not be computed in the three-day period.
A.
A person may appear in person or by a written power of
attorney in such form as shall be prescribed by the City Court by paying a
fine established by the City Court and, in writing, waiving a hearing in Court,
pleading guilty of the charge and authorizing the person in charge of the
Bureau to make such a plea and pay such a fine in Court.
B.
The Bureau shall accept such designated fines and issue
receipts therefor.
C.
The Bureau shall cause a complaint to be entered against
each person who does not answer within the designated time and a warrant to
be issued for his arrest and appearance before the Court.
D.
Any person who shall have been, within the preceding
12 months, guilty of a number of parking violations in excess of such maximum
number as may be designated by the Court, or of three or more violations other
than parking violations, shall not be permitted to appear and answer to a
subsequent violation at the Traffic Violations Bureau, but must appear in
Court at a time specified by the Bureau.
E.
Nothing contained in this chapter shall authorize the
Traffic Violations Bureau to deprive a person of his right to counsel or to
prevent him from exercising his right to appear in Court to answer to, explain
or defend any charge of a violation of any traffic law, ordinance, rule or
regulation.
The waiver and power of attorney referred to in § 371 of the
General Municipal Law shall be in substantially the following form:
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Date ________
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I, the undersigned, for good and valuable consideration hereby waive
a hearing in court and plead guilty to the traffic violation as charged on
the reverse side hereof, and duly constitute the Clerk of the City Court of
Hornell my attorney and authorize him to appear in Court, enter my plea and
pay my fine which is enclosed herewith.
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This is my offense for this violation within the current
calendar year.
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Name Motor Vehicle License No. ________
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Address Operator's License No. ________
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The Bureau shall keep records and submit detailed monthly reports to
the City Court of all notices or summons issued and disposed of by said Bureau
and such other information as may be prescribed by the City Court of Hornell
by law.
