City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[§ 1, L.L. No. 3-2017]
There shall be a bureau within the Department of Finance known as the Traffic Violations Agency which shall operate under the direction and control of the Mayor. The Traffic Violations Agency shall assist the Rochester City Court in the disposition and administration of infractions of traffic laws, ordinances, rules and regulations, except that said Agency shall not have jurisdiction over those matters which are specifically excluded by Subdivision 2-b of § 371 of the General Municipal Law of the State of New York. The Agency shall be subject to the provisions of Article 14-B of the General Municipal Law.
[§ 1, L.L. No. 3-2017]
A. 
Executive Director. The Agency shall be headed by an Executive Director, appointed by the Mayor and who shall serve at the pleasure of the Mayor.
(1) 
The Executive Director shall be responsible for the oversight and administration of the Agency.
(2) 
The Executive Director shall not appear in any capacity in any part of the City Court on any matter relating to traffic violations and shall be further prohibited from appearing in any capacity in any other court or administrative tribunal on any matter relating to traffic violations.
(3) 
The Executive Director may establish such rules, regulations, procedures and forms as he or she may deem necessary to carry out the functions of the Agency pursuant to Article 14-B of the General Municipal Law, and the collection of delinquent fines.
(4) 
The Executive Director shall issue on an annual basis, beginning 18 months following the creation of the Agency pursuant to local law, a report detailing the progress, development and operations of the Agency. The report shall be provided to the Governor, the Temporary President of the Senate, the Speaker of the Assembly, the Mayor, the City Council, the Presiding Judge of the Rochester City Court and the Monroe County District Attorney.
B. 
Traffic Prosecutor. The Executive Director of the Agency shall select and may contract with or hire one or more persons who are attorneys, duly admitted to the practice of law in New York State, for the prosecution of any traffic infraction within the Agency's lawful jurisdiction to be heard, tried, or otherwise disposed of by the Rochester City Court. Such persons shall be known as "Traffic Prosecutors," as that term is defined in § 370-a of the General Municipal Law and shall be subject to the provisions of § 374-b of the General Municipal Law. Traffic Prosecutors are prohibited from appearing in any capacity, other than as a Traffic Prosecutor, in any part of the Rochester City Court on any matter relating to traffic violations.
[§ 1, L.L. No. 3-2017]
A. 
A person charged with an infraction that shall be disposed of by the Agency may be permitted to answer, within a time specified by the Agency, either in person at the Agency or by written power of attorney in such form as prescribed herein, by paying the applicable fine and, in writing, waiving a hearing in court, pleading guilty to the charge or a lesser charge agreeable to the Traffic Prosecutor and the person charged with an infraction and authorizing the Executive Director or his or her designee to enter such a plea and accept payment of said fine. Acceptance of the prescribed fine and power of attorney by the Agency shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states.
B. 
If a person charged with an infraction does not answer within the time specified by the Agency as set forth in Subsection A of this section, the Agency may cause a complaint to be entered against him forthwith and warrant to be issued for his arrest and appearance before the City Court, such summons to be predicated upon the personal service of said summons upon the person charged with the infraction.
C. 
Any person who shall have been, within the preceding 12 months, guilty of three or more infractions, shall not be permitted to appear and answer to a subsequent violation at the Agency, but must appear in City Court at a time specified by the Agency.
D. 
The Agency shall not be authorized to deprive a person of his right to counsel or to prevent a person from exercising his or her right to appear and to answer to, explain, or defend any charge of a violation of any traffic law, ordinance, rule or regulation.
E. 
The power of attorney referred to in Subsection A of this section shall be in the following form:
"POWER OF ATTORNEY: The undersigned pleads guilty to the charge noted herein and enclosed herewith is the sum of $__________ cash, check or money order to pay the necessary fine (circle the one used).
I hereby appoint the Executive Director or any designated employee of the Traffic Violations Agency as my attorney-in-fact to appear for me in said Agency, to waive a hearing on such violation(s), to enter a plea of guilty on my behalf and to pay the fine.
PRINT NAME __________
SIGNATURE __________"
[§ 1, L.L. No. 3-2017]
Subject to the provisions of § 1690 of the Vehicle and Traffic Law of the State of New York and notwithstanding any other provision of law, where the trial of a traffic infraction is authorized or required to be tried before the City Court, and such traffic infraction does not constitute a misdemeanor, felony, or any parking, stopping, standing or pedestrian offense, or any infraction excluded by Subdivision 1-b of § 1690 of the Vehicle and Traffic Law, the Administrative Judge of the Seventh Judicial District may without the consent of the parties assign judicial hearing officers to conduct such a trial.
[§ 1, L.L. No. 3-2017]
Subject to the provisions of § 371 of the General Municipal Law, and notwithstanding any inconsistent provision of law, the fines, penalties and forfeitures collected by the Agency shall be distributed as provided in Subdivision 4-b of § 371 of the General Municipal Law.
[§ 1, L.L. No. 3-2017]
Notwithstanding that the Agency is authorized to commence operations not sooner than 270 days after July 25, 2017, the provisions of this part shall apply to all actions on or after the effective date of this Part and to all actions otherwise taken heretofore related to the establishment, maintenance and operation of the Agency. Insofar as the provisions of this Part are inconsistent with the provisions of any other local law or act, the provisions of this Part shall be controlling.
[§ 1, L.L. No. 3-2017]
If any clause, sentence, paragraph, subdivision, section or provision of this Part or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Part, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance, directly involved in the controversy in which such judgment or order shall have been rendered. It is hereby declared to be the intent of the City Council that this Part would have been enacted even if such invalid provisions had not been included herein.