[HISTORY: Adopted by the Board of Trustees of the Village
of Green Island 10-17-2016 by L.L.
No. 1-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 157.
The Village of Green Island is authorized to and does hereby
establish a Traffic Violations Bureau, pursuant to Article 14-B of
the New York State General Municipal Law, and to designate the Village
Treasurer as the official in charge of such Bureau. Said Bureau shall
be known as the "Village of Green Island Parking Violations Bureau,"
and shall have the same hours of operation as the Treasurer's
office.
A.
The Bureau is authorized to dispose of parking, standing, and stopping violations only by permitting a person with said violation to answer, within a specified time, at the Parking Violations Bureau, 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 authorizing the Treasurer to accept such a plea and fine, as referenced in Chapter 157, Vehicles and Traffic, § 157-29, Penalties for offenses.
B.
The Treasurer or his designee shall have the authority to modify
or reduce the prescribed fine, upon good cause shown and upon a guilty
plea in person or by written power of attorney.
C.
Notwithstanding any provision herein, such Bureau shall not be authorized
to deprive a person from his/her right to counsel or from exercising
his/her right to appear in Town Court or to have a trial upon the
charged violation.
A.
A person may appear in person or by a written power of attorney to
pay the established fine and, in writing, waive a hearing in court
and pleading guilty to the charge and authorizing the Treasurer to
accept such a plea.
B.
The Bureau shall accept such designated fines and issue receipts
therefor.
D.
The Bureau may make application to the Town Court for a default guilty
plea after a continued failure to answer within a designated period
of time, pursuant to § 1806-a of the New York State Vehicle
and Traffic Law, and may enter a judgment for the amount due pursuant
to said section.
E.
The Bureau may make use of an outside collection agency for the purposes
of collection of delinquent amounts due, and any administrative charge
to be in addition to any fine due, for those matters turned over to
outside collection.
F.
Any person who shall have been, within the preceding 12 months, guilty
of more than six parking, standing or stopping violations may not
be permitted to appear in answer to a subsequent violation at the
Parking Violations Bureau, but must appear in Town Court at a time
specified by the Bureau and the Court.
The Bureau shall keep records and submit detailed monthly reports
to the Mayor and the Village Board of Trustees of all violations of
which each person has been guilty, whether established in court or
at said Bureau and all fines collected and the disposition thereof
and such other information as may be prescribed by the Village Board
of Trustees or by law.
Any ambiguity with respect to any provision herein or interpretation
hereof shall be governed by Article 14-B of the General Municipal
Law, as amended.
Those public servants with the title of "police officer" may
issue notice of parking violation or appearance ticket, as prescribed
by law, for the witnessed occurrence of a parking, standing, or stopping
violation in furtherance of enforcing the New York State Vehicle and
Traffic Law, this Village Code, or any local law, ordinance, or regulation
as relates to parking, standing, or stopping.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, the validity of the
remainder of the article and of the application of such article to
other persons and circumstances shall not be affected thereby.
This article shall supersede any and all of the provisions of
ordinances, rules or regulations previously enacted or promulgated
which are inconsistent with the provisions of this article.
This article shall take effect upon filing of local law with
the New York State Department of State.