The City Court of the City of Oneonta, New York,
is hereby authorized to establish a Traffic Violations Bureau to assist
the Court in the disposition of charges in relation to traffic violations,
pursuant to Article 14-B of the General Municipal Law.
The City Court shall designate the person or
persons who shall be in charge of the Traffic Violations Bureau and
the days and hours that the Bureau shall be open for the transaction
of its official business.
The Traffic Violations Bureau is hereby authorized
to dispose of violations of traffic laws, ordinances, rules and regulations
of the City of Oneonta, New York, except for speeding offenses, or
misdemeanor or a felony, within 10 days after a person has been notified
of a violation by the affixing of a notice of violation on a vehicle
parked in violation of this chapter, traffic law, rule or regulation,
or within three days after personal service of a Uniform Traffic Summons.[2] Days that the Bureau shall not be open for official business
shall not be computed for the three-day period.
A.Â
A person may appear in person or by a written power
of attorney in such form as shall be prescribed by the City Court
by paying a fine established by the City Court 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.
B.Â
The Bureau shall accept such designated fines and
issue receipts therefor.
C.Â
The Bureau shall cause a complaint to be entered against
such person who does not answer within the designated time and a warrant
to be issued for his arrest and appearance before the Court.
D.Â
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 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 may appear in Court at a time specified by the Bureau.
E.Â
Nothing contained in this article 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 defend any charge of a violation of any
traffic law, ordinance, rule or regulations.
The Waiver and power of attorney referred to
in § 371 of the General Municipal Law shall be in substantially
the following form:
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 City Court or _______________,
my 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 current calendar year.
| |
Name___________________ Motor Vehicle License
No. ________
| |
Address________________ Operator's License No.
___________
|
The Bureau shall keep records and submit detailed
monthly reports to the City Court of all notices or summons issued
and disposed of by said Bureau and such other information as may be
prescribed by the City Court of Oneonta by law and transmit with said
reports all sums collected to the City Court.
[1]
Editor's Note: For required records, see General
Municipal Law § 373.