[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
5-20-1975 as L.L. No. 2-1975.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law supersedes Ord. No. 81 of the former
Village of North Pelham.
The Justice Court of the Town of Pelham and the Town Justices of said
Court are hereby authorized to establish a Traffic Violations Bureau in the
Village of Pelham to assist the Court in the disposition of offenses in relation
to traffic violations. Said Bureau shall be in charge of such person or persons
and shall be open at such hours as the Court or said Justices may designate.
Such Traffic Violations Bureau is authorized to dispose of violations
of traffic laws, ordinances, rules and regulations, where such offenses will
not constitute a traffic infraction known as speeding or a misdemeanor or
felony, by permitting the person charged with an offense, within the limitations
set forth in § 371 of the General Municipal Law, to answer, within
a specified time, at the Traffic Violations Bureau, either in person or by
written power of attorney, 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 such a fine in Court. Acceptance of a prescribed 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. Such answer, waiver
and power of attorney shall be in substantially the following form:
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"I, the undersigned, do hereby waive my appearance on the complaint
of the offense charged on the other side of this summons. I do hereby plead
guilty to said offense as charged, waive my right to a hearing
by the Court, agree to pay the fine prescribed for the offense and authorize
the person in charge of the Traffic Violations Bureau to make such plea and
pay such fine in Court."
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If a person charged with a traffic violation does not answer, as hereinbefore
prescribed, within a designated time, the Bureau shall cause a complaint to
be entered against him forthwith, and a warrant may be issued for his arrest
and appearance before the Court. Any person who shall have been, within the
preceding twelve (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
(3) 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 the time specified by the Bureau.
The Justice Court or the Town Justices thereof shall designate the fines
to be paid for offenses which may be satisfied at the Bureau as hereinbefore
set forth, provided that such fines are within the limits established as penalties
for such offenses.
The Traffic Violations Bureau, as herein authorized, 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 and
additional duties and keep such other and additional records as shall be prescribed
by the Court and/or the Board of Trustees of the Village of Pelham.
