Pursuant to §
C86a of the Charter of the City of Peekskill, there is hereby created an administrative agency to be known as the "Parking Violations Bureau" to have jurisdiction over traffic infractions which constitute a parking violation as herein defined. The Bureau shall have exclusive jurisdiction over all parking violations with all the functions, powers and duties as herein stated.
Terms and words used in this chapter shall have
the following meaning and effect:
BUREAU
The Parking Violations Bureau of the City of Peekskill.
COMMISSIONER
The Commissioner of the Department of Finance of the City
of Peekskill
DIRECTOR
The Director of the Parking Violations Bureau of the City
of Peekskill.
FISCAL YEAR
A period of one year commencing on the first day of January
and terminating on the thirty-first day of December.
LESSEE
Any person, corporation, firm, partnership, agency, association
or organization that rents, bails, leases or contracts for the use
of one or more vehicles and has the exclusive use thereof for any
period of time.
LESSOR
Any person, corporation, firm, partnership, agency, association
or organization engaged in the business of renting or leasing vehicles
to any lessee or bailee under a rental agreement, lease or otherwise,
wherein the lessee or bailee has the exclusive use of the vehicle
for any period of time.
NOTICE OF VIOLATION
A notice of a parking violation prepared by the Parking Violations
Bureau, which shall constitute notice of the parking violation charged
when filled in and sworn to or affirmed by designated officers and
served as provided in this chapter.
OPERATOR
Any person, corporation, firm, partnership, agency, association,
organization or lessee that uses or operates a vehicle with or without
the permission of the owner, and an owner who operates his own vehicle.
OWNER
Any person, corporation, partnership, firm, agency, association,
lessor or organization who at the time of the issuance of a notice
of violation:
A.
Is the beneficial or equitable owner of such
vehicle;
B.
Has title to such vehicle;
C.
Is the registrant or coregistrant of such vehicle
which is registered with the Department of Motor Vehicles of the State
of New York or any other state, territory, district, province, nation
or other jurisdiction;
D.
Uses such vehicle in its vehicle renting and/or
leasing business; or
E.
Is an owner of such vehicle as defined by § 128
or Subdivision (g) of § 2101 of the New York Vehicle and
Traffic Law.
PARKING VIOLATION
The violation of any law, rule, regulation or ordinance providing
for or regulating the parking, stopping or standing of a vehicle on
or along the streets of the City of Peekskill, including but not limited
to at parking spaces controlled by meters, on private property as
authorized by law or within a parking garage or other project operated
by the City of Peekskill or any other public corporation or body.
PRIMARY FILING
The initial filing of registration plate numbers by a lessor
prior to the commencement of each fiscal year.
RESPONDENT
Any owner or operator charged with a parking violation.
The Bureau shall have the following functions,
powers and duties:
A. To accept all pleas to parking violations, to accept
all payments accompanying a plea of guilty to any parking violation
and to hear and determine charges of parking violations.
B. To provide for penalties other than imprisonment for
parking violations in accordance with a schedule of monetary fines
and penalties; provided, however, that monetary penalties shall not
exceed $50 for each parking violation.
C. To adopt rules and regulations, not inconsistent with
any applicable provision of law, to carry out the purposes of Article
2-B of the Vehicle and Traffic Law of the State of New York, including
but not limited to rules and regulations prescribing the internal
procedures and organization of the Bureau, the manner and time of
entering pleas, the conduct of hearings and the amount and manner
of payment of penalties.
D. To issue subpoenas to compel the attendance of persons
to give testimony at hearings and to compel the production of relevant
books, papers and other things.
E. To enter judgments and enforce them, without court
proceedings, in the same manner as the enforcement of money judgments
in civil actions in any court of competent jurisdiction or any other
place provided for the entry of civil judgment within the State of
New York.
F. To compile and maintain complete and accurate records
relating to all charges and dispositions, to prepare complete and
accurate transcripts of all hearings conducted by the Bureau and to
furnish such transcripts to the respondent at the respondent's own
expense upon timely request and compliance with the regulations of
the Bureau.
G. To provide to the Commissioner on or before the 15th
day of each month a statement of all monetary penalties or fees received
by the Bureau during the prior calendar month.
H. To answer within a reasonable period of time all relevant
and reasonable inquiries made by a respondent or his attorney concerning
the notice of violation. The Bureau must also furnish within a reasonable
period of time to the respondent, upon request and upon complying
with the regulations of the Bureau, a copy of the original notice
of violation, including all information contained thereon. Failure
of the Bureau to comply with the provisions of this subsection within
60 days of such inquiry, forwarded to the Bureau by certified or registered
mail, return receipt requested, will result, upon the request of the
respondent, in an automatic dismissal of all charges relating to and
only to that notice of violation as to which the inquiry was made.
I. To prepare and issue a notice of violation in blank
to be used by members of the Police Department and all other persons
authorized by law or ordinance to enforce a parking violation. The
notice of violation or duplicate thereof, when filled in and sworn
to or affirmed by such designated officers and served as provided
in this chapter, shall constitute notice of the parking violation
charged.
If any owner of a motor vehicle receives a notice
of violation for a period during which the illegally parked vehicle
was reported to any police department as having been stolen, it shall
be a valid defense to any charge of a parking violation that the motor
vehicle had been reported to the police as stolen prior to the time
the violation occurred and had not been recovered by such time. For
the purposes of asserting the defense provided by this section, it
shall be sufficient that a certified copy of the police report of
the stolen vehicle be mailed to the Bureau.