[HISTORY: Adopted by the Board of Trustees
of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 42 of the 1983 Code. Amendments noted where applicable.]
The Town Justice of the Town of East Rochester
having jurisdiction of traffic violations in the Town/Village of East
Rochester is hereby authorized, pursuant to Article 14-B of the General
Municipal Law, to establish a Traffic Violations Bureau to assist
the court in the disposition of offenses in relation to traffic violations.
This Bureau, to be termed the "Village of East
Rochester Traffic Violations Bureau," shall be in charge of such person
or persons and shall be open at such hours as shall be designated
by the Town Justice of the Town of East Rochester having jurisdiction
of traffic violations in said town/village.
The Town Justice aforementioned shall designate
the fines to be paid for the first, second and third offenses, which
may be satisfied at the Traffic Violations Bureau as provided in this
chapter, provided that these fines are within the limits now or hereafter
established as penalties for violations of traffic laws, rules and
regulations of the Village of East Rochester.
The Traffic Violations Bureau so established
shall have authority to dispose of violations of traffic laws, ordinances,
rules and regulations when such offenses shall not constitute the
traffic infraction known as "speeding" or a misdemeanor or a felony.
Pursuant to § 371 of Article 14-B of the General Municipal
Law, 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 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 the time specified by such Bureau.
A.
A person who has received a notice of traffic infraction affixed to his motor vehicle 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 Subsection B of this section, either in person or by power of attorney as hereinafter defined, by paying a prescribed fine and, in writing, waiving hearing in court, pleading guilty to the charge and giving a power of attorney to the person in charge of 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 equal to double the prescribed fine for appearance in court at a time specified by the Bureau. Acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed complete satisfaction for the infraction, and the violator shall be given a receipt which so states.
B.
Any person who is charged with speeding in violation
of the provisions of the traffic rules, ordinances and regulations
of the Village of East Rochester or who has been guilty 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.
The aforementioned Traffic Violations Bureau
is not authorized to deprive a person of his right to counsel or to
prevent him from exercising his right to appear in court in answer
to, to explain or to defend any charge of a violation of any traffic
law, ordinance, rule or regulation.
A.
The following duties are hereby imposed on the Traffic
Violations Bureau:
(1)
It shall accept designated fines, issue receipts and
represent in court such violators as are permitted and desire to plead
guilty, waive court appearances and give power of attorney.
(2)
It shall receive and issue receipts for cash bail
from the persons who must or wish to be heard in court, enter the
time of their appearance on the court docket and notify the arresting
officer and witnesses, if any, to be present.
(3)
It shall keep an easily accessible record of all violations
of which each person has been guilty during the preceding 12 months,
whether such guilt has been established in court or in the Traffic
Violations Bureau.
(4)
If the violator of restrictions on parking under the
traffic ordinances, rules and regulations of the Village of East Rochester
does not appear in response to a notice affixed to his motor vehicle
within a period of two days, the Traffic Violations Bureau shall send
to the owner of the motor vehicle to which the notice was affixed
a letter informing him of the violations and warning him that he 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,
a complaint will be filed and a warrant for arrest issued.
(5)
In the event that any person fails to comply with
a notice as provided in the preceding subsection or fails to make
appearance pursuant to a summons directing an appearance in the Traffic
Violations Bureau, or if any person fails or refuses to deposit bail,
said Traffic Violations Bureau shall forthwith have a complaint entered
against such person and secure and issue a warrant for his arrest.
Such Bureau shall not accept any fine or bail for or from such person
and shall consider every such person entirely under the jurisdiction
of the court.
(6)
The Traffic Violations Bureau shall keep records and
submit summarized monthly reports to the Town Justice of the Town
of East Rochester in charge of traffic violations in the Town/Village
of East Rochester of all notices issued and arrests made for violations
of the traffic ordinances of the village and of all the fines collected
by the Traffic Violations Bureau and of the final disposition or present
status of every case of violation. Such record shall be so maintained
as to show all types of violations and totals of each. Said records
shall be public records.
B.
Any person to whom a notice of traffic infraction
has been delivered and who willfully violates a written promise to
appear and answer to such notice of traffic infraction shall be subject
to arrest upon a warrant issued pursuant to a sworn information or
complaint setting forth the specific violation for which such notice
of traffic infraction was issued.
As used in this chapter, the following terms
shall have the meanings indicated:
- POWER OF ATTORNEY
- As mentioned above, any written statement written in the presence of a witness and to which statement the witness shall affix his signature, stating that the person executing the same and charged with a violation is thereby appearing and answering to the charge, pleading guilty thereto, waiving a hearing in court and authorizing the person in charge of the Traffic Violations Bureau to make such a plea in his stead, in court.
