[HISTORY: Adopted by the Board of Trustees of the Village
of South Nyack 2-9-1982 by L.L.
No. 1-1982. Amendments noted where applicable.]
This chapter shall be known as the "Local Law Establishing a
Traffic Violations Bureau for the Village of South Nyack."
The Village Board of the Village of South Nyack, wishing to
assist the residents of the Village and the Village Court in the disposition
of offenses relating to traffic and parking violations, does hereby,
pursuant to General Municipal Law Article 14-B, § 370 et
seq., create a Traffic Violations Bureau.
The Traffic Violations Bureau shall be authorized to dispose
of any violations of the traffic laws, ordinances, rules and regulations
when such offenses shall not constitute the traffic infraction known
as "speeding" or a misdemeanor or felony.
A.
Any individual may plead guilty to an offense within the jurisdiction
of the Traffic Violations Bureau by a written document in such form
as prescribed by the Traffic Violations Bureau, waiving the right
to trial and inclusion with said document of the payment of such fine
as shall be designated by the Village Court for said offense, provided
that such fines are within the limits established as penalties for
such offense.
B.
Within the time specified on the summons, a person may appear personally
or by designated person or by written power of attorney, in such form
as prescribed by the Traffic Violations Bureau, before the Traffic
Violations Bureau to answer the violation alleged. Said violation
may be satisfied by payment of the prescribed fine and a writing waiving
a court hearing. Fulfillment of said conditions shall presumptively
be considered a plea of guilty, which plea the Bureau Director shall
be authorized to enter.
C.
Fulfillment of said conditions shall be deemed complete satisfaction
for the violation, and the violator shall be given a receipt which
so states.
If a person charged with a traffic violation does not answer the violation, as prescribed in § 61-5, within a time specified on the notice of violation, the Bureau shall cause a complaint to be entered against said person and a warrant to be issued for said person's 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 a maximum number
to be established by the court or of three or more violations other
than parking violations shall not be permitted to appear and answer
to a subsequent violation before the Traffic Violations Bureau, but
must appear in court at a time specified by the Bureau.
The Traffic Violations Bureau shall not be authorized 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 defend any charge
of a violation of any traffic law, ordinance, rule or regulation.
The Village Court shall designate the fines to be paid for offenses
which may be satisfied at the Bureau, as provided in this chapter,
provided that such fines are within the limits established as penalties
for such offenses.
A.
The Traffic Violations Bureau shall keep a record of all violations
of which each person has been guilty, whether such guilt was established
in court or in the Bureau, and also a record of all fines collected
and the disposition thereof.
B.
The Bureau shall also perform such other or additional duties and
keep such other or additional records as shall be prescribed by the
court and/or Village Board.
A Traffic Violations Bureau shall be established within 30 days
after adoption of this chapter by the Village Board.
