[HISTORY: Adopted by the Board of Trustees of the Village of Bayville 5-14-1979 as L.L. No. 8-1979. (NOTE: Section 1 of this local law reads as follows: "Legislative intent. It is the intention of the Board of Trustees of the Incorporated Village of Bayville to create a Traffic Violations Bureau pursuant to the authority provided in Article 14-B of the General Municipal Law of the State of New York."). Amendments noted where applicable.]
For the purpose of assisting the Village Justice Court of the Incorporated Village of Bayville, New York, in the disposition of offenses in relation to traffic violations, the Board of Trustees of the Incorporated Village of Bayville, New York, hereby authorizes said Village Justice Court to establish a Traffic Violations Bureau.
The Traffic Violations Bureau shall be in charge of such person or persons and shall be open such hours as the Village Justice may designate.
Said Traffic Violations Bureau is hereby authorized to dispose of such violations of traffic laws, local laws, ordinances, rules and regulations as the Village Justice Court may, in its discretion, determine, but only when such offenses shall not constitute the traffic infraction known as "speeding" or a misdemeanor or felony, by permitting a person charged with an offense within the limitations herein stated to answer at any time from the date of the issuance of the summons, citation or appearance ticket, up to and including the day before the return date of the summons, citation or appearance ticket, between the hours of 10:00 a.m. and 1:00 p.m., except Saturdays, Sundays and holidays, at the Traffic Violations Bureau, either in person or by written power of attorney in the form prescribed in § 71-10 hereof, 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 a plea and pay such a fine in court.
Acceptance of the 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.
If a person charged with a traffic violation does not answer as hereinbefore prescribed within the above-mentioned period from the date of the issuance of the summons, up to and including the day before the return date of the summons or appear in court on the return date of the summons, the Bureau shall cause a complaint to be entered against him forthwith and a warrant to 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 Village Justice 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 a time specified by the Bureau.
Such Traffic Violations Bureau shall not be authorized 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, local law, ordinance, rule or regulation.
The Village Justice Court shall designate the fines to be paid for offenses which may be satisfied at the Bureau as hereinbefore stated, provided that such fines are within the limits established as penalties for such offenses.
The Traffic Violations Bureau 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 or additional duties and keep such other or additional records as shall be prescribed by the Village Justice Court and/or the Board of Trustees of the Incorporated Village of Bayville, New York.
The power of attorney referred to in § 71-3 of this chapter shall be in the form of a written or typewritten statement setting forth that the person executing the same and charged with a violation thereby appears and answers to the charge by pleading guilty thereto, waives a hearing in court and authorizes the person in charge of the Traffic Violations Bureau to make such a plea and pay such a fine to court in his behalf, and shall be signed by the person appearing and answering to the charge in the presence of a witness who shall also affix his signature thereto as such witness.