[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 2-22-1972.
Amendments noted where applicable.]
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:
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NOTICE OF TRAFFIC VIOLATION
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POLICE DEPARTMENT, VILLAGE OF CHITTENANGO, N.Y.
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License No. ________ State ________ Date ________
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Time: ___________ Vehicle Make ___________
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Location:
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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 (_)
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Violation:
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Description:
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If you wish to plead guilty see reverse side.
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Officer:
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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.)
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And on the rear of said notice the following shall be printed:
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PRIVILEGE OF PAYING FINE WITHOUT APPEARING IN COURT (Within 5 days of
date of offense)
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A person guilty of the violation charged on the reverse side hereof
may admit the violation without appearing in court by:
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1.
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Filling in blank spaces below.
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2.
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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.
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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.
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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.
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Name ____________________ Motor Vehicle License No.
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Address __________________ Date of Birth
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The power of attorney for appearance in court shall be substantially as contained in the last part of § 35-5 of this chapter.
