[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 2-18-1993, effective 3-8-1993. Amendments noted where applicable.]
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 14B, §§ 370,
371 and 372 of the General Municipal Law, the Town Board of the Town
of Brookhaven 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.
[Amended 7-12-1994, effective 8-1-1994; 5-24-2011 by L.L. No. 15-2011 effective 6-9-2011]
B.
The Commissioner of Public Safety or his designee shall be responsible for the administration of and promulgation of rules and regulations for the Bureau, except for those matters set forth in § 6-2D below.
C.
The Town Attorney, or an authorized designee, shall
be a member of the Parking Violations Bureau to perform such duties
and functions as indicated in the rules and regulations prescribed
for the Bureau.
D.
Qualifications of hearing officers.
(1)
The hearing
officers shall not be employees of the Town of Brookhaven, except
to the extent that they shall be entitled to such per-diem compensation
established by the Town Board, and shall be appointed by the Town
Board.
(2)
The hearing
officers shall have the following minimum qualifications:
(a)
Five
years' experience as a judge, magistrate, hearing officer, court attorney
referee or a principal law clerk in the County or Supreme Court in
the New York State Unified Court System or in the United States District
Court for the Eastern or Southern District of New York; or
(b)
Five
years of experience as a "Prosecutor" as that term is defined by § 1.20(31)
of the Criminal Procedure Law of the State of New York, as an attorney
with the Legal Aid Society of Suffolk County, as a member of the Assigned
Counsel Defendant Plan of Suffolk County or a member of the Federal
Defendant Panel for the United States District Court for the Eastern
or Southern District of New York or any combination of such positions
totaling five years.
(3)
The qualifications
of candidates for hearing officers shall be reviewed by the Town Attorney
and approved by her/him for appointment by the Town Board.
(4)
The assignment
of hearing officers shall be rotated through the list of hearing officers
appointed by the Town Board in a manner which will provide for a fair
and equal number of assignments of those hearing officers.
E.
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
when 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 chapter 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 a 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 a 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 same and consenting to said adjudication.
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 law, ordinances, rules
and regulations does not appear and answer in response to a notice
as provided in this chapter, 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 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 chapter or fails to make an appearance
pursuant to a summons directing an appearance in the Traffic Violations
Bureau as provided by this chapter, 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 for
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 Brookhaven.
The power of attorney referred to in § 6-4 hereof shall be in the following form:
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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.)
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I hereby appoint the Clerk of Brookhaven
Traffic Violations Bureau as my attorney-in-fact to appear for me
in the said Bureau, to enter a plea of guilty on my behalf and to
pay the above fine.
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Make all checks payable to: BROOKHAVEN
TRAFFIC VIOLATIONS BUREAU
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Signed
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Print your name
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Address
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Date
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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 defense any charge of a violation of any
parking law, ordinance, rule or regulation.
[Amended 5-20-1993, effective 6-7-1993; 7-11-1995, effective 7-31-1995; 9-5-1995, effective 9-25-1995; 3-2-2004, effective 3-22-2004; 11-23-2010 by L.L. No. 43-2010, effective 12-7-2010; 6-18-2013 by L.L. No. 31-2013, effective 7-2-2013]
(Please see Schedule 6A for fine schedule.)[1]
A.
Every person convicted of a violation of the Uniform
Traffic Code of the Town of Brookhaven, except for violations of Article
VIII, § 42(1), Article VIII, § 42(2), and Article
VIII, § 46, shall be punished by a fine not exceeding $75.
B.
Every person convicted of a violation of Article VIII,
§ 42(1), Article VIII, § 42(2) and Article VIII,
§ 46, of the Uniform Traffic Code of the Town of Brookhaven
shall be punished by a fine not exceeding $250, plus any mandated
surcharges as authorized pursuant to New York State Vehicle and Traffic
Law § 1203-a or any amendments thereto.
C.
Failure to answer summons. Any person who fails to
appear or answer a summons on or before the return period or any subsequent
adjourned date shall be subject to the following late penalties:
(1)
Failure
to respond to the summons/citation within 30 consecutive days from
the return date or any subsequent adjourned return date shall result
in a penalty equal to the original fine amount being assessed to the
statutory fine;
(2)
Failure
to respond to the summons/citation within 60 consecutive days from
the return date or any subsequent adjourned return date shall result
in an additional penalty in an amount equal to the original fine being
added to all fines and penalties previously assessed; and
(3)
Failure
to respond to the summons/citation within 90 consecutive days from
the return date or any subsequent adjourned return date shall result
in a penalty of $30 being added to all other fines and penalties previously
assessed.
D.
Charge for insufficient funds. A penalty of $20 shall
be charged to the maker of a check returned for insufficient funds.
E.
Fines to be paid to Bureau. 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 Brookhaven.
[1]
Editor’s Note: Schedule 6A is included as an attachment to this chapter.
[Added 10-4-1994, effective 10-24-1994[1]]
A.
There shall be an Appeals Board within the Traffic
Violations Bureau, which shall consist of three or more duly qualified
hearing examiners and which shall hear appeals from final decisions
and determinations of the hearing examiner. None of the appointed
members of such an Appeals Board shall have been party to the original
determination being appealed.
B.
The Traffic Violations Bureau shall have the authority
to promulgate rules and procedures for the Appeals Board. Such procedures
shall provide that appeals affecting Brookhaven Town residents shall
be held in the Town of Brookhaven.
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
hereof not so adjudged invalid or unconstitutional.
This chapter shall be effective immediately
upon it being so ordered by the Suffolk County District Court Administrative
Judge.
