[Adopted 2-2-1954 by Ord. No. 19 (Ch. 41 of the 1976 Code)]
[Amended 4-2-1991]
For the purpose of assisting the Town Justices of the Town of
Riverhead in the disposition of offenses in relation to traffic violations
pursuant to the provisions of Article 14-B, §§ 370,
371 and 372, of the General Municipal Law authorized, there is hereby
established a Traffic Violations Bureau.
[Amended 5-4-1976; 4-2-1991]
The Court Clerk shall be in charge of the Traffic Violations
Bureau, and said Bureau shall be open between 8:30 a.m. and 4:30 p.m.
The Traffic Violations Bureau so established is authorized to
dispose of violations of traffic laws, ordinances, rules and regulations
when such offenses shall not constitute any traffic infraction known
as speeding or a misdemeanor or felony.
A person who has received a notice of violation as provided
in this article 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 charge 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
in court. 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.
Any person having been guilty of three or more violations of
the traffic laws, ordinances, rules and regulations within the 12
preceding months shall not be permitted to pay a fine at the Traffic
Violations Bureau but must appear in court at a time specified by
the Bureau.
The duties of the Traffic Violations Bureau shall be as follows:
A.
It shall accept designated fines, issue receipts and represent in
court such violators as are permitted to plead guilty in accordance
with this article and who desire to so plead guilty, waive a court
appearance and give a power of attorney.
B.
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.
C.
If a violator of the traffic laws, ordinances, rules and regulations
does not appear and answer in response to a notice as provided in
this article, the Traffic Violations Bureau shall send to the owner
and/or operator of the motor vehicle to which the notice was affixed
a letter warning the owner and/or the operator 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 two days, a complaint will
be filed and a warrant of arrest issued.
D.
In the event that any person fails to comply with a notice as provided
in this article or fails to make appearance pursuant to a summons
directing an appearance in the Traffic Violations Bureau as provided
by this article, the Traffic Violations Bureau shall forthwith have
a complaint entered against such person and secure and issue a criminal
summons or a warrant for his arrest. The Traffic Violations Bureau
shall not accept any fines for such person, but shall consider every
such person entirely under the jurisdiction of the court.
[Amended 4-2-1991]
E.
The Traffic Violations Bureau shall keep records of all notices issued
and arrests made for violations of the traffic laws, ordinances, rules
and regulations, and of all of the fines collected by the Traffic
Violations Bureau and of the final disposition or present status of
every case of violation of the provisions of the traffic laws, ordinances,
rules and regulations. These records shall be public records.
F.
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 Justices of the Town of Riverhead.
[Amended 4-2-1991]
The power of attorney referred to in § 105-67 hereof shall be in the following form:
|
POWER OF ATTORNEY: The undersigned pleads guilty to the charge
noted hereon and encloses herewith the sum of $__________ cash, check,
money order to pay the necessary fine (circle the one used).
| |
|---|---|
|
I hereby appoint the Clerk of the Justice Court as my attorney-in-fact
to appear for me in the said Justice Court to enter a plea of guilty
on my behalf and to pay the above fine to such Court if acceptable.
Make all checks payable to: "Clerk of Justice Court, Riverhead, N.Y."
| |
|
Signed
| |
|
Print Your Name
| |
|
Address
| |
Nothing contained in this article shall authorize the Traffic
Violations Bureau to deprive a person of his right to counsel nor
to prevent him from exercising his right to appear in court to answer
to, explain or defend any charge of a violation of any traffic law,
ordinance, rule or regulation.
All fines collected upon conviction or plea of guilty of any
person charged with a violation of any traffic law, ordinance, rule
or regulation shall be paid to the Justice Court of the Town of Riverhead.
