[HISTORY: Adopted by the Town Board of the Town of Greece 4-2-1974 by L.L. No. 2-1974. Amendments noted where applicable.]
The Justice Court of the Town of Greece is hereby authorized to establish a Traffic Violations Bureau to assist the Court in the disposition of offenses in relation to traffic violations. The Traffic Violations Bureau shall be in the charge of such person or persons and shall be open at such hours as the Court may designate.
The Traffic Violations Bureau is hereby authorized to deal with and may dispose of certain offenses in relation to traffic violations as may be designated by the Justice Court, whether the same are violations of traffic laws, ordinances or rules and regulations, but only when such shall not constitute the traffic infraction known as "speeding" or a misdemeanor or felony.
[Amended 3-17-1992 by L.L. No. 1-1992]
When an officer of the Department of Public Safety of the Town of Greece shall find a vehicle so parked as to constitute a traffic violation and the absence of the operator or owner thereof prevents a personal service of a notice by said officer, such officer shall attach a ticket form to said vehicle and shall prepare, sign and verify an information. This information shall be promptly delivered to the Traffic Violations Bureau.
This ticket bearing the information shall bear the caption "Parking Violation Summons" and shall be identified as having been issued by the police of the Town of Greece. The ticket shall bear a schedule of fines for parking violations over which the Traffic Violations Bureau shall have jurisdiction as such schedule shall be established by the Justice Court. Said ticket shall indicate the alleged parking violation and the exact place and date thereof and shall identify the vehicle as to type and registration number, and said ticket shall have the mailing address of the Traffic Violations Bureau printed thereon.
Upon discovering a vehicle so parked as to constitute a traffic violation, notice shall be served upon the owner, which said notice shall direct him/her to appear at the Traffic Violations Bureau within 30 days of the receipt of such notice.
The attaching of a ticket in the form hereinbefore prescribed to a parked vehicle shall be deemed sufficient notice to the owner of said vehicle, and the service of a ticket upon an operator of a vehicle shall likewise be deemed sufficient notice. Upon service of a notice as aforesaid, the office shall prepare, sign and verify an information stating the nature, time and place of the traffic offense and identify the vehicle involved, which said information shall be promptly delivered to the Traffic Violations Bureau.
A person served with notice pursuant to this chapter may appear in person at the Traffic Violations Bureau within the time prescribed herein, and such person may thereupon waive a hearing in the Justice Court on the violation or violations charged and may plead guilty to the charged violation or violations and thereupon pay the prescribed fine or fines and authorize the Clerk of the Traffic Violations Bureau or other designated person in charge of said Bureau to make such plea or pleas and pay such fine or fines to the Justice Court on his behalf.
Appearances at the Traffic Violations Bureau may be made by mail, and in such cases receipt by the Traffic Violations Bureau through the mail of the ticket or tickets and the amount of the prescribed fine or fines shall be deemed an appearance, provided that all of the above items shall have been received by the Traffic Violations Bureau within the times prescribed herein.
Appearances either in person or by mail at the Traffic Violations Bureau and acceptance of the prescribed fine and power of attorney by the Traffic Violations Bureau in such form as shall be hereinafter prescribed in Subsection D hereof shall be deemed complete satisfaction for the violations, and the violator shall be given a receipt which so states.
The written power of attorney hereinabove referred to in Subsection C hereof, to be used by a person to answer the charge of an offense within the limitations of this chapter and within the time specified for the same, shall substantially conform to the following:
"I, __________________, residing at _____________________, have been charged with the parking violation as specified on the reverse of this application. I acknowledge receipt of the warning printed in red on the reverse of the application, and I waive arraignment in open court and the aid of counsel. I plead guilty to the violation as charged and elect and request that this violation be disposed of by the prescribed fine or penalty fixed by this Court. I hereby appoint the person in charge of the Bureau my attorney in fact for the purpose of making such a plea and paying such a fine in Court."
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 Justice Court, shall not be permitted to appear and answer to any subsequent violations at the Traffic Violations Bureau, but must appear in the Justice Court at a time specified by the Traffic Violations Bureau.
The fines collected by the Traffic Violations Bureau shall be in amounts prescribed, in writing, by the Justice Court, and the Traffic Violations Bureau shall have no authority to deviate therefrom.
A person served with a ticket or notice as herein prescribed who is desirous of appearing or required to appear and answer the charge or charges in the Justice Court may, at the Traffic Violations Bureau, sign a statement stipulating to appear in the Justice Court at a designated date and session when the charge or charges against said person shall be placed on the docket of that Court and waiving the issuance of a warrant, whereupon he/she may deposit cash in lieu of bail with the Traffic Violations Bureau for his/her appearance in Court. The amount of the deposit shall be prescribed by the Justice Court, and the Traffic Violations Bureau shall have no authority to deviate from the amount so prescribed. Failure of the person who has made such cash deposit to appear in the Justice Court at the designated time shall result in a forfeiture of said cash deposit.
In the event that the owner or operator of a vehicle to which a ticket is attached as prescribed herein or a person served with notice as prescribed herein does not appear at the Traffic Violations Bureau within the designated time herein provided, or having so appeared fails to plead guilty or to stipulate to appear in the Justice Court, or if he/she has elected and stipulated to appear in the Justice Court and fails to make such appearance, then, in that event, the Traffic Violations Bureau shall present the signed and verified information to the Justice Court and request that a warrant be issued for the arrest of such person, and such person shall be subjected to prosecution in the same manner as otherwise provided by law in the same manner as if the Traffic Violations Bureau did not exist.
The Traffic Violations Bureau shall keep a record of all violations of every person who has been guilty, whether such guilt was established in the Justice Court or at the Traffic Violations Bureau, and 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 Justice Court or by the Town Board of the Town of Greece.