[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.