Village of Pleasantville, NY Chapter 39 Traffic Violations Bureau

[HISTORY: Adopted by the Village Board of Trustees of the Village of Pleasantville 12-14-1981 by L.L. No. 5-1981 as Ch. 60, Art. III, of the 1981 Code. Amendments noted where applicable.]

§ 39-1 Establishment of Bureau.

A. Authorization. The Village Justice of the Village of Pleasantville is hereby authorized to establish a Traffic Violations Bureau pursuant to the provisions of Article 14-B of the General Municipal Law.

B. Scope of authority. The Traffic Violations Bureau, when established, is hereby authorized to dispose of violations of traffic laws, ordinances, rules and regulations when such offenses shall not constitute the traffic infraction known as "speeding" or a misdemeanor or felony.

C. Time within which to answer charge at Bureau; procedure. A person charged with an offense or violation within the limits herein stated may, within a specified time, answer the charge at the Traffic Violations Bureau either in person or by written power of attorney in the form hereinafter prescribed.

(1) By paying a prescribed fine; and

(2) In writing, waiving a hearing in court; pleading guilty to the charge and authorizing the person in charge of the Traffic Violations Bureau to make such plea and pay such fine in court.

D. Effect of acceptance of fine and power of attorney by Bureau. Acceptance of the prescribed fine and power of attorney by the Traffic Violations Bureau shall be deemed complete satisfaction for the violation charged, and the receipt given shall so state.

§ 39-2 Personnel.

The Traffic Violations Bureau shall be in charge of and shall consist of such person or persons as the court shall designate.

§ 39-3 Duties and procedures.

A. Acceptance of fines; representing in court. The Traffic Violations Bureau shall accept payment of designated fines, issue receipts and represent in court such persons as are permitted and desire to plead guilty and waive a court appearance, either in person or by written power of attorney.

B. Record of violations. The Traffic Violations Bureau shall keep a record of all the violations of which each person has been guilty during the preceding 12 months, whether such guilt was established in court or in the Traffic Violations Bureau.

C. Effect of failure to answer charge. If a person charged with a traffic violation does not answer within the designated time as provided in § 39-1C, the Traffic Violations Bureau shall cause a complaint to be entered against him or her and a warrant to be issued for his or her arrest and appearance before the Village Court.

D. Multiple violations. No appearance shall be accepted from any person who has been guilty of three or more violations within the preceding three months.

E. Right to attorney, court appearance. Nothing contained in this chapter shall authorize the Traffic Violations Bureau to deprive a person of his or her right to be represented by an attorney or to prevent him or her from exercising his or her right to appear in court to answer to, to explain or to defend any charge of a violation of any traffic law, ordinance, rule or regulation.

F. Duty to maintain records and submit monthly reports. The Traffic Violations Bureau shall keep complete and accurate records and submit detailed monthly reports to the Village Justice of all notices issued and arrests made for violations of the traffic law, ordinances, rules and regulations and of all fines collected by the Traffic Violations Bureau and simultaneously transmit all sums collected to the Village Justice or Acting Village Justice.

G. Other duties. The Traffic Violations Bureau shall perform such other duties as may be prescribed by the Village Justice.

§ 39-4 Determination of fines.

The Village Justice shall prescribe the fine to be paid for offenses which may be satisfied at the Traffic Violations Bureau, provided that such fines are within the limits established as penalties for such offenses by law.