The Justice of the Peace of the Town of North Elba, having jurisdiction
of traffic violations in the Village of Lake Placid, is hereby authorized,
pursuant to Article 14-B of the General Municipal Law, to establish
a Traffic Violations Bureau to assist the court in the disposition
of offenses in relation to traffic violations.
This Bureau, to be termed "Village of Lake Placid Traffic Violations
Bureau," shall be in charge of such person or persons, and shall be
open at such hours, as shall be designated by the Justice of the Peace
of the Town of North Elba having jurisdiction of traffic violations
in the Village of Lake Placid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Justice of the Peace aforementioned shall designate the fines to be paid for the first, second and third offenses which may be satisfied at the Traffic Violations Bureau as provided in this chapter, provided these fines are within the limits established as penalties for violations of traffic laws, rules and regulations of the Village of Lake Placid, and provided further that the penalty for violation of Chapter
217, Parking, shall be in accordance with said chapter.
The Traffic Violations Bureau so established shall have authority
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. Pursuant to § 371
of Article 14-B of the General Municipal Law, 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 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 by such Bureau.
The aforementioned Traffic Violations Bureau is not authorized
to deprive a person of his right to counsel or to prevent him from
exercising his right to appear in court in answer to, explain, or
defend any charge of a violation of any traffic law, ordinance, rule
or regulation.
The following duties are hereby imposed on the Traffic Violations
Bureau:
A. It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance and give power of attorney.
B. It shall receive and issue receipt for cash bail from the persons
who must or wish to be heard in court, enter the time of their appearance
on the court docket and notify the arresting officer and witnesses,
if any, to be present.
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 the violator of restrictions on parking under the traffic ordinances,
rules and regulations of the Village of Lake Placid does not appear
in response to a notice affixed to his motor vehicle within a period
of two days, the Traffic Violations Bureau shall send to the owner
of the motor vehicle to which the notice was affixed a letter informing
him of the violation and warning him that he 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 a complaint will be filed
and a warrant for arrest issued.
E. In the event any person fails to comply with a notice as provided
in the preceding subsection or fails to make appearance pursuant to
a summons directing an appearance in the Traffic Violations Bureau,
or if any person fails or refuses to deposit bail, the said Traffic
Violations Bureau shall forthwith have a complaint entered against
such person and secure and issue a warrant for his arrest. Such Bureau
shall not accept any fine or bail for or from such person but shall
consider every such person entirely under the jurisdiction of the
court.
F. Any person to whom a notice of traffic infraction has been delivered
and who willfully violates a written promise to appear and answer
to such notice of traffic infraction shall be subject to arrest upon
a warrant issued pursuant to a sworn information or complaint setting
forth the specific violation for which such notice of traffic infraction
was issued.
G. The Traffic Violations Bureau shall keep records and submit summarized
monthly reports to the Justice of the Peace of the Town of North Elba
in charge of traffic violations in the Village of Lake Placid, and
all notices issued and arrests made for violations of the traffic
ordinances of the Village and of all the fines collected by the Traffic
Violations Bureau and of the final disposition or present status of
every case of violation. Such record shall be so maintained as to
show all types of violations and the totals of each. Said records
shall be public records.
"Power of attorney" mentioned above shall mean any written statement
written in the presence of a witness and to which statement the witness
shall affix his signature, stating that the person executing the same
and charged with a violation is thereby appearing and answering to
the charge, pleading guilty thereto, waiving a hearing in court and
authorizing the person in charge of the Traffic Violations Bureau
to make such a plea in his stead, in court.