The City Council of the City of Saratoga Springs finds that the establishment of a Parking Violations Bureau is a proper way to provide for the efficient adjudication of tickets issued for alleged violations of parking infractions, and to further public safety and the general public interest.
[HISTORY: Adopted by the City Council of the City of Saratoga Springs 2-4-2025. Amendments noted where applicable.]
Shall for purposes of this chapter mean an infraction constituting a parking, standing or stopping violation as defined in the NY State Vehicle and Traffic Law and/or Article III of Chapter 225 of the Code of the City of Saratoga Springs.
A.
Pursuant to Article 2-B of the Vehicle and Traffic Law, there is hereby created a bureau to be known as the Saratoga Springs Parking Violations Bureau. The Bureau shall be an agency to adjudicate charges of parking infractions prior to trial.
B.
Nothing in this chapter shall be construed as superseding or limiting the right of any person charged with a parking infraction from demanding at any time that the infraction charged be removed from the schedule of the Parking Violations Bureau and heard at trial in Saratoga Springs City Court.
A.
There shall be one or more adjudicators of the Bureau who shall be appointed by the City Council. Each adjudicator shall be either an attorney of the City Attorney's Office or an attorney separately retained by the Counsel to serve as an adjudicator. In addition to and not in limitation of the authority conferred upon them by this chapter, adjudicators shall also have authority to act as prosecutors of parking infraction matters.
B.
The City Council shall provide the Bureau with support staff as it shall deem necessary.
A.
Procedure for review of certain charges upon submitted documentation
(1)
Any person charged with one or more of the parking infractions specified in this subsection may submit to the staff of the Bureau documentation and/or written explanation in support of his or her request that one or more of the said charges be reduced or dismissed. Such documentation and/or explanation shall be signed by the person making the request. This procedure shall be available only for the following charges and circumstances upon submittal of the documentation indicated:
(a)
C04 Parking in handicapped zone - must submit proof of a valid handicap parking tag or permit.
(b)
C18 Unregistered motor vehicle - must provide photo of new valid registration or temporary registration affixed to window within 72 hours of the issuance of the ticket.
(c)
C20 Failure to display current registration - must provide photo of new valid registration or temporary registration affixed to window within 72 hours of the issuance of the ticket.
(d)
C19 Uninspected motor vehicle - must provide documentation that the vehicle has been inspected within 72 hours of the issuance of the ticket.
(e)
C11 Obstructing loading zone - must provide documentation that the vehicle was parked or standing temporarily to load and/or unload goods, wares or merchandise. Such documentation may include correspondence from business owners, invoices, or receipts.
(f)
Vehicle malfunction or breakdown - must provide documentation of services rendered to remove or repair the vehicle.
(g)
Medical emergency - must provide documentation from health care personnel, medical staff, or other person or persons that a medical emergency existed. A detailed description of the medical emergency is not required.
(h)
Death of vehicle owner - must submit reasonable proof.
(2)
A request for review upon submitted documentation shall not disqualify the person making the request from making a request for a hearing or a trial.
(3)
The Bureau staff shall prepare a file for the adjudicator's review consisting of the ticket or tickets issued, the documentation and/or written explanation submitted, and all other pertinent information.
(4)
Upon reviewing the file, and upon due consideration of the documentation and/or explanation presented, the adjudicator may offer a disposition consisting of a reduction or dismissal of one or more of the pending charges, together with a statement of the fines required by resolution of the City Council for each infraction for which fines will be due. The adjudicator may also decline to offer any such reduction or dismissal.
(5)
The person charged may accept the disposition proposed by the adjudicator, or may reject the disposition and ask for a hearing before the adjudicator, or may request a trial in Saratoga Springs City Court on one or more of the charges.
B.
Procedure for hearings.
(1)
Upon verbal or written application of any person to the support staff, the Bureau shall schedule and review at a hearing the cited charges against that person of one or more parking infractions.
(2)
Hearings shall be scheduled at such times as may be designated by the support staff, and the person charged shall be given reasonable notice of the hearing date and time. The person charged shall be informed in writing that he or she may at any time plead not guilty and demand a trial in Saratoga Springs City Court.
(3)
Hearings shall be held open to the public, and the support staff shall provide a log or schedule for persons to appear before the adjudicator.
(4)
Persons appearing may be represented by legal counsel at his or her expense and may provide explanation, witnesses and/or documentation.
(5)
The adjudicator shall not be bound by rules of evidence in the conduct of the hearing.
(6)
After the person charged has been given a reasonable opportunity to speak, the adjudicator shall have authority to dismiss one or more of the parking infractions charged, and/or to offer a plea agreement to one or more of the parking infractions charged, and to assess fines therefor in accordance with a schedule of fines as may be established from time to time by the City Council. The adjudicator shall have no authority to offer in a plea agreement any penalty of imprisonment, community service, required attendance at instructional courses, or any other penalty other than monetary fines.
(7)
If the person charged accepts the plea agreement, it shall be reduced to writing on forms promulgated by the Bureau and approved by the City Council.
(8)
A record shall be made of all parking infractions which shall come before the Bureau, together with the terms of all plea agreements accepted and all fines assessed.
(9)
The adjudicator shall retain authority to offer plea agreements in matters transferred to Saratoga Springs City Court for trial.
If any section, provision or part of this chapter shall be judged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.