Village of Buchanan, NY
Westchester County
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[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan 7-18-1988 by part of L.L. No. 11-1988 (Ch. 48, Art. I, of the 1971 Code). Amendments noted where applicable.]
Vehicles and traffic — See Ch. 189.
The Board of Trustees, pursuant to the power vested in it by Article 14-B of the General Municipal Law of the State of New York, creates and hereby authorizes the Police Justice of the Village of Buchanan, New York, to establish a Traffic Violations Bureau to assist the court in the disposition of offenses in relation to certain traffic violations as hereinafter described:
Such Traffic Violations Bureau shall be in charge of such person or persons and shall be open at such hours and on such days as the Police Justice of the Village of Buchanan may designate.
Such Traffic Violations Bureau is authorized to dispose of certain traffic violations by permitting a person charged with an offense, within the limitations herein stated, to answer within a specified time and to the Traffic Violations Bureau, either in person or by power of attorney, by payment of a prescribed fine and in writing, waiving a hearing in court, pleading guilty on the charge and authorizing the person or persons in charge of the Bureau to make such plea and pay such fine in court. Acceptance by the Bureau of the prescribed fine and power of attorney shall be deemed full satisfaction for the violation, and the violator shall be given a receipt which so states. The Traffic Violations Bureau is not authorized to dispose of the following traffic infractions:
A misdemeanor.
A felony.
Reckless driving.
Passing a school bus while loading or unloading.
Driving while intoxicated.
For a person charged with a traffic violation who does not appear within the prescribed designated time, the Traffic Violations Bureau shall cause a complaint to be entered against him or her forthwith and a warrant to be issued for his or her 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 such maximum number as may be designated by the court, or of three or more violations other than parking violations, must appear in court at a time specified by the Bureau. In addition, the failure to appear by the violator may result in additional fines in connection therewith.
Such Traffic Violations Bureau may not and shall not deprive a person of the right of counsel, preventing a person from exercising his or her right to appear in court to answer, explain or defend any charge of a violation of any traffic law, ordinance, etc.
Said Police Justice of the Village of Buchanan, New York, shall designate, within the provisions of existing laws and ordinances, the fines to be paid for offenses which may be satisfied at the Traffic Violations Bureau as hereinbefore set forth.
The Traffic Violations Bureau shall keep a record of all the violations that each person has been guilty of, whether each such guilt was established in court or in the Traffic Violations Bureau, and also a record of all fines collected and the disposition thereof. Said Bureau shall also perform such other additional duties and keep such other or additional records as prescribed by the Police Justice of the Village of Buchanan or the Board of Trustees of said Village.