Village of Chittenango, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 2-22-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Commissioner of Public Safety — See Ch. 25.
Vehicles and traffic — See Ch. 142.
The Village Justice of the Village of Chittenango having jurisdiction of traffic violations in the Village of Chittenango 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.
The Traffic Violations Bureau is hereby authorized to dispose of violations of the traffic laws, ordinances, rules and regulations when such offenses do not constitute the offense of speeding or a misdemeanor or felony.
This Bureau, to be termed "Village of Chittenango Traffic Violations Bureau," shall be in the charge of such person or persons and shall be open at such hours as shall be designated by the Justice having jurisdiction of traffic violations in the Village of Chittenango.
The following duties are hereby imposed upon the Traffic Violations Bureau:
A. 
It shall receive from the person charged with an offense within the limitations established by this chapter, either in person or by written power of attorney, a written waiver to a hearing in court, his plea of guilty to such violation and his authorization to the Clerk of the Traffic Violations Bureau to make such a plea and to pay such a fine in court on his behalf. It shall accept designated fines, issue receipts and represent in court such violators as are permitted and desire to plead guilty pursuant to this chapter. Acceptance of the prescribed fine by and the power of attorney of the Bureau to appear and plead shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states.
B. 
No appearance shall be accepted from any person who has been guilty of more than three violations within the preceding 12 months.
[Amended 6-20-1989 by L.L. No. 2-1989]
C. 
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 to defend any charge of a violation of any traffic law, ordinance, rule or regulation.
D. 
The Bureau shall keep records and submit detailed monthly reports to the Village Justice of all violations of the traffic laws, ordinances, rules and regulations to which any person shall have pled guilty pursuant to this chapter and of all fines collected by the Bureau and simultaneously transmit all sums collected to the Justice not theretofore paid over to him.
E. 
The Bureau shall perform such other duties as may be prescribed by the Justice or the Village Board of Trustees.
F. 
If the violator of the Village of Chittenango Traffic Law as pertains to parking does not appear in response to a notice affixed to his motor vehicle within a period prescribed by the Justice, 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 violation and warning him that he will be held responsible for the appearance of the offender and that in the event that such appearance is not made within a period prescribed by the Justice, a complaint will be filed and a warrant for arrest issued.
[Amended 6-20-1989 by L.L. No. 2-1989]
The notice shall be in substantially the following form:
NOTICE OF TRAFFIC VIOLATION
POLICE DEPARTMENT, VILLAGE OF CHITTENANGO, N.Y.
License No. ________ State ________ Date ________
Time: ___________ Vehicle Make ___________
Location:
You are hereby directed to present this tag and your Operator's License and to appear before the Village Justice, Village Hall, 222 Genesee Street, Chittenango, New York, between 7:00 p.m. and 8:00 p.m. on (_)
Violation:
Description:
If you wish to plead guilty see reverse side.
Officer:
PARKING VIOLATIONS: 1st offense, $10; 2nd offense, $25; 3rd offense, $25. Failure to comply may result in additional penalty of a fine not exceeding $250 and/or imprisonment not exceeding 90 days. (See reverse side.)
And on the rear of said notice the following shall be printed:
PRIVILEGE OF PAYING FINE WITHOUT APPEARING IN COURT (Within 5 days of date of offense)
A person guilty of the violation charged on the reverse side hereof may admit the violation without appearing in court by:
1.
Filling in blank spaces below.
2.
Delivering this ticket and remitting the amount of penalty required for the violation and number of offenses to TRAFFIC VIOLATIONS BUREAU, Village Hall, 222 Genesee Street, Chittenango, New York, either (1) personally between 9:00 a.m. and 4:00 p.m., Monday through Friday, or (2) by mail. If by mail, do not send cash but remit by check or money order.
IF THE OFFENDER HAS HAD MORE THAN THREE VIOLATIONS WITHIN ANY PRECEDING 12 MONTHS, THE ABOVE-DESCRIBED PRIVILEGE IS NOT AVAILABLE AND THE OFFENDER IS COMMANDED TO APPEAR IN PERSON AT THE TIME AND PLACE SPECIFIED ON REVERSE SIDE HEREOF.
Date ________________, 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 Traffic Violations Bureau with full power of attorney and authorize him to appear in court, enter my plea and pay my fine, which is enclosed herewith. This is my _____________________ offense for this violation within the preceding twelve months.
Name ____________________ Motor Vehicle License No.
Address __________________ Date of Birth
The power of attorney for appearance in court shall be substantially as contained in the last part of § 35-5 of this chapter.