[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.
A.
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.
B.
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.
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.
B.
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.
C.
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.
D.
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:
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"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."
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E.
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.
