[§ 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.
