For the purpose of assisting the District Court of the County
of Suffolk in the disposition of offenses in relation to parking violations
pursuant to the provisions of Article 14-B, §§ 370,
371 and 372, of the General Municipal Law, the Town Board of the Town
of Huntington is hereby authorized to establish a Traffic Violations
Bureau to hold hearings with regard to such offenses and to have a
hearing officer or officers preside at such hearings and adjudicate
such matters.
The Traffic Violations Bureau shall be in charge of such hearing
officer or officers and shall be open at such hours as the Town Board
may designate. The Town Attorney shall be responsible for the administration
of the Bureau and for the appointment of hearing officers, who shall
not be employees of the Town of Huntington, except to the extent that
they shall be entitled to such per diem compensation as established
by the Town Board. The District Court of the County of Suffolk shall
have no responsibility with regard to the staffing or financing of
such Bureau.
The Traffic Violations Bureau is authorized to dispose of violations
of parking laws, ordinances, rules and regulations, and such offenses
shall not constitute any traffic infraction known as "speeding" or
"passing a stopped school bus" or a misdemeanor or felony.
A person who has received a notice of violation as provided
in this Code may, within the time specified in said notice, answer
at the Traffic Violations Bureau to the charges set forth in such
notice, either in person or by written power of attorney, by paying
a prescribed fine and, in writing, waiving a hearing in court, pleading
guilty to the charges and giving power of attorney to the person in
charge of the Bureau to make such a plea and to pay such a fine. Acceptance
of the prescribed fine and power of attorney by the Traffic Violations
Bureau shall be deemed complete satisfaction for the violation, and
the violator shall be given a receipt which so states.
The duties of the Traffic Violations Bureau shall be as follows:
A. It shall accept designated fines and issue receipts to those who
desire to plead guilty, waive a court appearance and give power of
attorney.
B. It shall adjudicate the claims of those who plead not guilty after
being advised, in writing, of their right to counsel and their right
to appear in court to answer to, explain or defend any charge of a
violation of any parking law, ordinance, rule or regulation, waiving
the same and consenting to said adjudication. The hearing officer
shall find, after a hearing, that the owner/operator of said vehicle
is either guilty or not guilty. If said owner/operator is found guilty,
the hearing officer must impose a fine and penalty as prescribed herein.
If said owner/operator is found not guilty, said charges must be dismissed.
The hearing officer shall not have the authority to reduce fines or
penalties upon a finding of guilty.
[Amended 4-16-2019 by L.L. No.
20-2019]
C. It shall 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.
D. If a violator of the parking laws, ordinances, rules and regulations
does not appear and answer in response to a notice as provided in
this Code, the Traffic Violations Bureau shall send to the owner of
the motor vehicle to which the notice was affixed a letter warning
him that he will be held responsible for the appearance of the offender
and that, in the event that such letter is disregarded for a period
of five days, a complaint will be filed and a warrant of arrest may
issue.
E. In the event that any person fails to comply with a notice as provided
in this Code or fails to make an appearance pursuant to a summons
directing an appearance in the Traffic Violations Bureau as provided
by this Code, the Traffic Violations Bureau shall forthwith have a
complaint entered against such person and make application to secure
and issue a warrant for his arrest.
F. The Traffic Violations Bureau shall keep records of all notices issued
and arrests made for violations of the parking laws, ordinances, rules
and regulations and of all fines collected by the Traffic Violations
Bureau and the final disposition or present status of every case of
violation of the provisions of the parking laws, ordinances, rules
and regulations. These reports shall be public records.
G. The Traffic Violations Bureau shall perform such other or additional
duties and keep such other and additional records as shall be prescribed
by the Town Board of the Town of Huntington.
The power of attorney referred to in §
TC7-4 hereof shall be in the following form:
POWER OF ATTORNEY: The undersigned pleads guilty to the charge
noted hereon and encloses herewith the sum of $ ______ cash,
check or money order to pay the necessary fine. (Circle the one used.)
I hereby appoint the Clerk of the Huntington Traffic Violations Bureau
as my attorney in fact to appear for me in said Bureau, to enter a
plea of guilty on my behalf and to pay the above fine. Make all checks
payable to:
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"HUNTINGTON TRAFFIC VIOLATIONS BUREAU:"
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Nothing contained in this chapter shall authorize the Traffic
Violations Bureau 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 parking law,
ordinance, rule or regulation.
All fines collected upon conviction or plea of guilty of any
person charged with a violation of any parking law, ordinance, rule
or regulation shall be paid to the Traffic Violations Bureau of the
Town of Huntington.
If any section, provision or part thereof in this chapter shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
such adjudication shall not affect the validity of the chapter as
a whole or any section, provision or part thereof not so adjudged
invalid or unconstitutional.
[Amended 1-29-2002 by L.L. No. 4-2002]
This chapter shall be effective immediately upon its filing
in the office of the Secretary of State of the State of New York.