[HISTORY: Adopted by the Town Board of the Town of Tonawanda 5-24-1965
by L.L. No. 3-1965. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 205.
The Justice Court of the Town of Tonawanda is hereby authorized to establish
a Traffic Violations Bureau to assist the Court in the disposition of offenses
in relation to traffic violations. Such Bureau shall be in charge of such
person or persons and shall be open at such hours as the Court may designate.
The Traffic Violations Bureau shall dispose of such violations of traffic
laws, ordinances, rules and regulations (except speeding or a misdemeanor
or felony) as the Court shall designate. A person charged with an offense
which may be handled by the Traffic Violations Bureau may answer at said Bureau
within a time to be specified by the Court by paying a fine to be prescribed
by the Court (within the limits established for such offenses) and, in writing,
waiving a hearing in court, pleading guilty to the charge and authorizing
the person or persons in charge of the Bureau to make such a plea and pay
such a fine in court. The Court shall prescribe the forms to be used in waiving
a hearing, pleading guilty and authorizing the person in charge of the Bureau
to make such plea and pay such fine in court. Within the limits prescribed
by law, the Court may provide different fines for different offenses and may
provide for graduated fines to be based on the number of prior vehicular offenses
of which a person has been convicted within such time as the Court shall designate.
The person charged with an offense which may be disposed of by the Traffic
Violations Bureau may appear personally before the Bureau or may cause another
to appear in his stead by executing a power of attorney in substantially this
form:
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I, the undersigned, hereby appoint __________(name of attorney) __________
residing at _____________(address)_____________, in the ___________ of ___________,
as my attorney, for me and in my name to appear before the Traffic Violations
Bureau of the Town of Tonawanda, New York, and pay the fine prescribed for
the violations of the ______ Section ______, with which I am charged, on the
______ day of ______, 19______, at ______, Town of Tonawanda, New York, and,
in writing, waive a hearing in court, plead guilty to the charge and authorize
the person in charge of the Bureau to make such a plea for me and pay such
a fine in Court.
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Dated: _______________ 19____ .
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Witness
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Defendant
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After execution and filing of the proper papers, the Bureau shall accept
the prescribed fine for the offense charged, and the violator shall be given
a receipt which states that acceptance of the prescribed fine and power of
attorney by the Bureau shall be deemed complete satisfaction for the violation
charged. The Court shall designate the form of receipt to be issued.
The Bureau shall keep such records and file such reports as are required
to be kept by law. The Bureau shall also keep such additional records and
file such reports as the Town Board or the Court shall direct.
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 must appear in court at the time specified
on the summons issued or by the Bureau. Within these limitations, the Court
may provide further restrictions as to the number of offenses by any person
which may be disposed of by the Traffic Violations Bureau.
The Traffic Violations Bureau shall not be authorized 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 regulation.
If a person charged with a traffic violation authorized to be disposed
of by the Traffic Violations Bureau does not answer as hereinbefore prescribed,
within a time to be designated by the Court, the Bureau shall cause a complaint
to be entered against him forthwith and a warrant to be issued for his arrest
and appearance before the Court.
