[Added 10-14-2004 by L.L. No. 5-2004]
A.
Pursuant to § 1809-d of the Vehicle and Traffic Law of
the State of New York, any Town Justice of the Town of Lewiston Justice
Court may impose a surcharge in an amount exceeding $10 on convictions
rendered in the Town Court of the Town of Lewiston, New York, for
violations committed after the effective date of this chapter and
prior to September 1, 2005, for convictions which are subject to the
mandatory surcharge imposed pursuant to § 1809 of the Vehicle
and Traffic Law of the State of New York.
B.
Such local surcharge, when imposed, shall be in addition to any sentence
required or permitted by law; provided, however, that no local surcharge
authorized by this chapter shall be imposed where a conviction is
not subject to the mandatory surcharge pursuant to the provisions
of § 1809 of the Vehicle and Traffic Law of the State of
New York.
C.
The local surcharge authorized by this chapter shall be paid to the
Clerk of the Court that rendered the conviction. Within the first
10 days of the month next succeeding the collection of such surcharge,
the court shall pay the surcharges collected to the Chief Fiscal Officer
of the Town of Lewiston, New York.
D.
Any person who has paid a surcharge authorized by this chapter which
is ultimately determined not to be required by this chapter shall
be entitled to a refund of such surcharge upon application to the
Chief Fiscal Officer of the Town of Lewiston, New York. Such Chief
Fiscal Officer shall require such proof as is necessary in order to
determine whether a refund is required by law.
