[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 5-24-2010 by L.L. No. 5-2010. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 276.
Editor's Note: This local law also superseded former Ch. 81, Traffic Violations Bureau, adopted 11-13-1967 by Ord. No. 37 (Ch. 42 of the 1979 Code).
For the purpose of assisting the Town Justice of the Town of Delhi, New York, in the disposition of charges in relation to traffic violations within the Village of Delhi, pursuant to Article 14-B of the General Municipal Law of the State of New York, the Village of Delhi is hereby authorized to establish a Traffic Violations Bureau.
The Traffic Violations Bureau is hereby authorized:
To dispose of traffic violations and violations of parking ordinances as well as rules and regulations of the Village of Delhi relating to traffic and parking enforcement.
To receive cash bail bonds in the amounts specified by a Town Justice of the Town of Delhi from all persons who must or wish to be heard in the Town of Delhi Justice Court concerning violations of Village parking ordinances, rules and regulations, when such violations occur at such times when the Town Justice Court is not in session or cannot be legally convened.
The Village of Delhi Board of Trustees shall designate an individual or Village department to be in charge of the Traffic Violations Bureau. The Village of Delhi Board of Trustees shall also designate such hours that the Traffic Violations Bureau shall be open.
The following duties are hereby imposed upon the Traffic Violations Bureau. It shall:
Accept designated fines and issue receipts therefor covering violations of the parking ordinances, rules and regulations of the Village of Delhi;
Receive and issue receipts for cash bail bonds at times and in amounts to be designated or specified by the Town Justice of the Town of Delhi;
Keep an easily accessible record of all 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;
Cause a complaint to be entered and a summons issued for the appearance of all persons violating the parking ordinances of the Village of Delhi when such persons charged with such violations of such ordinances do not answer within a designated time;
Send to the owner of the motor vehicle a letter informing him or her that he or she failed to respond to a notice affixed to his or her motor vehicle and/or failed to pay a fine in a timely manner, and warning him or her that he or she will be held responsible for the appearance of the offender, and in the event that such a letter is disregarded for a period of two days after it is sent, a complaint will be filed and a warrant for arrest issued and/or notification will be sent pursuant to the New York State Parking Scofflaw Program to bar the reregistration of a Scofflawed vehicle;
For failure of a person to comply with the notice affixed to his or her motor vehicle or failure to appear pursuant to a summons directing an appearance in the Traffic Violations Bureau or the Town of Delhi Justice Court, or pay a fine, or if any person fails or refuses to deposit bail, forthwith have a complaint entered against such person and secure and issue a warrant for his or her arrest;
At its discretion, not accept a fine for a violation of the parking ordinances, rules and regulations from any person who has been guilty of three or more violations of such parking ordinances, rules and regulations within the preceding 12 months. Such person guilty of three or more violations must be summoned to appear in the Town of Delhi Justice Court;
Keep records and submit detailed monthly reports to the Town Justice of all notices and summons issued for violations of the parking ordinances, rules and regulations of the Village of Delhi and of all cash bail bonds collected by the Traffic Violations Bureau and simultaneously transmit all sums collected to the Town of Delhi Justice Court; and
Perform such other duties as may be prescribed by the Town of Delhi Justice Court or the Mayor of the Village of Delhi.
Nothing contained in this chapter shall authorize the Traffic Violations Bureau to deprive a person of his or her rights to counsel or to prevent him or her from exercising his or her right to appear in court to answer, explain or defend any charge of a violation of any parking ordinance, rule or regulation of the Village of Delhi.
The Village of Delhi Board of Trustees shall designate the amount of the fines to be paid for offenses, which may be satisfied at the Traffic Violations Bureau as set forth herein, provided that such fines are within the limits established as penalties for such offenses. The Village of Delhi Board of Trustees shall also designate the amount of fines to be paid for unpaid offenses.
In addition to the duties set forth in § 81-4 of this chapter, a person who has received a notice of traffic infraction shall be permitted within the time specified in said notice to answer at the Traffic Violations Bureau to the charges set forth therein, except as limited by § 81-4 of this chapter, either in person or by power of attorney, by paying a prescribed fine and, in writing, waiving a hearing in court, pleading guilty to the charge and giving a power of attorney to the Traffic Violations Bureau to make such a plea and pay such a fine in court, or a person may answer said notice at said Traffic Violations Bureau by depositing a cash bail as set forth in § 81-4 of this chapter.