[HISTORY: Adopted by the Board of Trustees of the Village of Nyack 12-12-1974 by L.L. No. 1-1974 (Ch. 53 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicle and traffic regulations — See Ch. 330.
This chapter shall be known as the "Local Law Establishing a Traffic Violations Bureau for the Village of Nyack."
The Village Board of Trustees of the Village of Nyack, wishing to assist the residents of the Village and the Justice Court in the disposition of offenses relating to traffic and parking violations does hereby, pursuant to Article 14B, General Municipal Law, § 370 et seq., create a Traffic Violations Bureau.
A. 
The Justice Court Clerk is hereby designated as the Director of the Traffic Violations Bureau.
B. 
Said Bureau shall maintain such hours as may be designated by the Justice Court.
C. 
The head of the Bureau shall be the Chair of the Village of Nyack Parking Authority.
[Added 10-22-1992 by L.L. No. 15-1992]
D. 
The Bureau may employ one or more parking enforcement aides, who are empowered to enforce, by the issuance of tickets and notices of appearance, all Village ordinances pertaining to vehicular parking, standing, stopping and parking meters and other Village ordinances, as permitted by law and to collect all revenues from Village parking meters whether leased to the Village Parking Authority or not. The parking enforcement aides shall report to the head of the Bureau.
[Added 10-22-1992 by L.L. No. 15-1992]
The Traffic Violations Bureau shall be authorized to dispose of any violations of the traffic laws, ordinances and rules and regulations when such offenses shall not constitute the traffic infraction known as speeding or a misdemeanor or felony.
A. 
Any individual may plead guilty to an offense within the jurisdiction of the Traffic Violations Bureau, by a written document in such form as prescribed by the Traffic Violations Bureau, waiving the right to trial and inclusion with said document the payment of such fine as shall be designated by the Justice Court for said offense, provided that such fines are within the limits established as penalties for such offense.
B. 
Within the time specified on the summons, a person may appear personally or by designated person or by written power of attorney, in such form as prescribed by the Traffic Violations Bureau, before the Traffic Violations Bureau to answer the violation alleged. Said violation may be satisfied by payment of the prescribed fine and a writing waiving a court hearing. Fulfillment of said conditions shall presumptively be considered a plea of guilty, which plea the Bureau Director shall be authorized to enter.
C. 
Fulfillment of said conditions shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states.
If a person charged with a traffic violation does not answer to the violation, as prescribed in § 95-5, within the time specified in the notice of violation, the Bureau shall cause a complaint to be entered against said person, and a warrant to be issued for said person's arrest and appearance before the court.
Any person who shall have been, within the preceding 12 months, guilty of a number of parking violations in excess of a maximum number to be established by the court, or three or more violations other than parking violations, will not be permitted to appear and answer to a subsequent violation before the Traffic Violations Bureau, but must appear in court at a time specified by the 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.
[Amended 11-10-2022 by L.L. No. 8-2022]
The Village Board of Trustees shall designate the range of authorized fees and fines to be paid for parking offenses within the Village of Nyack, and said fees and fines shall be set forth in the Standard Schedule of Fees of the Village of Nyack, which may be amended by resolution of the Village Board.[1] The Village Justice or Acting Village Justice shall impose fines assessed for violations, which may be satisfied at the Bureau, as provided in this section, provided that such fines are within the limits established as penalties for such offenses.
[1]
Editor's Note: The Standard Schedule of Fees is on file in the Village offices.
A. 
The Traffic Violations Bureau shall keep a record of all violations of which each person has been guilty, whether such guilt was established in court or in the Bureau, and shall also keep a record of all fines collected and the disposition thereof.
B. 
The Bureau shall also perform such other or additional duties and keep such other or additional records as shall be prescribed by the court and/or the Village Board.
A Traffic Violations Bureau shall be established within 10 days after adoption of this chapter by the Village Board.