[Res. No. 111-03, 12-23-2003]
The City Court of the City of Olean, New York, is hereby authorized
to establish a Traffic Violations Bureau to assist the Court in the
disposition of charges in relation to traffic violations, pursuant
to Article 14-B of the General Municipal Law.
[Res. No. 111-03, 12-23-2003]
The City Court shall designate the person or persons who shall
be in charge of the Traffic Violations Bureau and the days and hours
that the Bureau shall be open for the transaction of its official
business.
[Res. No. 111-03, 12-23-2003]
The Traffic Violations Bureau is hereby authorized 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, within 10 days after a person
has been notified of a violation by the affixing of a notice of violation
on a vehicle parked in violation of this chapter, traffic law, rule
or regulation, or within three days after personal service of a Uniform
Traffic Summons. Days that the Bureau shall not be open for official
business shall not be computed for the three-day period.
[Res. No. 111-03, 12-23-2003]
(a)
A person may appear in person or by a written power of attorney in
such form as shall be prescribed by the City Court by paying a fine
established by the City Court and, in writing, waiving a hearing in
court, pleading guilty to the charge and authorizing the person in
charge of the Bureau to make such a plea and accept payment of the
said fine.
(b)
The Bureau shall accept such designated fines and issue receipts
therefor.
(c)
If a person charged with a traffic violation does not answer within
the designated time, the Bureau shall cause a complaint to be entered
against such person who does not answer within the designated time
and warrant to be issued for his arrest and appearance before the
Court.
(d)
Any person who shall have been, within the preceding 12 months, guilty
of a number of perking violations in excess of three or more 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 a time specified by the Bureau.
(e)
Nothing contained in this article 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 violation of any traffic law, ordinance, rule
or regulations.
The waiver and power of attorney referred to in § 371
of the General Municipal Law shall be in substantially the following
form:
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Date _____, I, the undersigned, hereby waive a hearing in court
and plead guilty to the traffic violation as charged on the reverse
side hereof, and duly constitute the Clerk of the City Court or _____,
my attorney, and authorize him/her to appear in Court, enter a plea
and pay my fine which is enclosed herewith.
|
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This is my _____ offense for this violation within the current
calendar year.
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Name ___________________________ Motor Vehicle License No. _____________
|
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Address ________________________________________________ Operator's
License No. _____
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[Res. No. 111-03, 12-23-2003]
The Bureau shall keep records and submit detailed monthly reports
to the City Court of all notices or summons issued and disposed of
by said Bureau and such other information as may be prescribed by
the City Court of Olean by law and transmit with said reports all
sums collected to the City Court.
