[HISTORY: Adopted by the Town Board of the
Town of Babylon 3-22-1994 by L.L. No. 2-1994. Amendments noted where
applicable.]
For the purpose of promoting the health, safety
and general welfare of the community of the Town of Babylon and to
provide a forum for the disposition of offenses in relation to parking
violations pursuant to the provisions of Article 14B, §§ 370,
371 and 372 of the General Municipal Law, the Town Board of the Town
of Babylon hereby establishes a Traffic Violations Bureau (hereinafter
the "Bureau") to hold hearings with regard to such offenses and to
have a Hearing Officer or Officers preside at such hearings and adjudicate
such matters and to set and collect fines for such offenses.
The Town Attorney shall be responsible for the
administration of the Bureau and for the appointment of Hearing Officers
who shall not be employees of the Town of Babylon, except to the extent
that they shall be entitled to such per diem compensation as is, from
time to time, established by the Town Board. The Town Attorney will
also appoint a Bureau Clerk and other personnel as it is deemed necessary
to effectively administer said Bureau. The Bureau shall establish
the dates and times for such hearings and establish fines and collection
procedures. All the above is expressly subject to the consent and
approval of the Town Board.
The Bureau is authorized to adjudicate and dispose
of violations of parking laws, ordinances and regulations written
pursuant to the Town of Babylon Unified Code of Traffic Ordinances
and the Code of the Town of Babylon.[1]
[1]
Editor's Note: The Unified Code of Traffic
Ordinances is on file in the office of the Town Clerk.
[Amended 3-4-1997 by L.L. No. 3-1997; 11-6-2008 by L.L. No.
29-2008]
The Director of Public Safety shall have the
authority to designate employees of the Division of Public Safety
to enforce such provisions of the Code of the Town of Babylon relating
to traffic and parking offenses and the Uniform Code of Traffic Ordinances.[1]
[1]
Editor's Note: The Uniform Code of Traffic
Ordinances is on file in the office of the Town Clerk.
A.
In person. A person who has received a notice of violation
as provided in this Code may, within the time specified in such thirty-day
notice, appear in person at the Bureau and plead not guilty, whereupon
a hearing date shall be set; plead guilty and pay the prescribed fine;
or plead guilty with an explanation, and the Hearing Officer shall,
on that date or on a subsequent or adjourned date, determine whether
such explanation warrants mitigation of the fine, in whole or in part,
or refuse to mitigate the same; and notice of said decision shall
be forwarded by mail to such person upon such adjudication.
B.
By mail. A person who has received a notice of violation
as provided in this Code may, within the time specified in such thirty-day
notice, mail a power of attorney to the Clerk of the Bureau authorizing
the Clerk on such person's behalf to waive a hearing before said Bureau
and enter a plea of guilty and each person shall pay the prescribed
fine; mail such power of attorney to the Clerk to waive a hearing
and plead guilty with an explanation and in that case such person
shall be entitled to submit a written explanation and/or such evidence
as that person may deem appropriate, whereupon the Hearing Officer
shall, at or before the next hearing date, determine whether such
explanation warrants mitigation of the fine, in whole or in part,
and notice of such decision shall be provided by mail to such person;
or plead not guilty by mail and a hearing date shall be thereafter
fixed and notice thereof forwarded by mail to such person.
C.
Payment of the prescribed or mitigated fine to the
Bureau and receipt and acceptance of the same by the Bureau shall
be complete satisfaction of the violation, unless a conditional discharge
shall have been fixed by the Hearing Officer. The Bureau shall give
a written receipt for all fines paid.
[Amended 1-27-2004 by L.L. No. 2-2004; 11-6-2008 by L.L. No.
29-2008]
The duties of the Bureau shall be as follows:
A.
It shall accept designated fines and issue receipts
to those who desire to plead guilty, waive a hearing and give a power
of attorney, if necessary.
B.
It shall adjudicate the claims of those who plead
guilty with an explanation and mitigate the prescribed fine, in whole
or in part, or refuse to mitigate the same. The Hearing Officer may
also issue a conditional discharge on such conditions as are appropriate.
The hearing officer It shall adjudicate the claims of those who plead
not guilty after being advised, in writing, of their right to counsel
and the date of hearing to answer and defend any charge of a violation
of any parking law, ordinance, rule or regulation. The hearing officer
shall find, after hearing, that the owner/operator of said vehicle
is either guilty or not guilty. If said owner/operator is found guilty,
the hearing officer must impose any fine and penalty as prescribed
by the code. If said owner/operator is found not guilty, said charges
must be dismissed. The hearing officer shall not have the authority
to reduce fines or penalties upon a finding of guilty.
C.
It shall keep an easily accessible record of all violations
of which each person has pled or been found guilty during the preceding
12 months.
D.
If the owner or operator charged with violation of
parking laws, ordinances, rules and regulations does not appear and
answer said charges within 30 days of the issuance of said summons,
the Bureau shall send to the last known owner of the motor vehicle
to which the notice was affixed a notice of failure to appear and
impending default. In the event such owner fails to appear at the
Bureau within 10 days of the mailing of such notice or fails to make
an appearance at the Bureau pursuant to an appearance ticket or fails
to appear for a scheduled hearing, the Bureau may:
E.
In the event that any person fails to comply with
a notice as provided in this Code or fails to make an appearance pursuant
to an appearance ticket at the Bureau provided by this Code or fails
to appear for a scheduled hearing, the Bureau may make application
as is appropriate to secure a warrant for the arrest of such person.
F.
The Bureau shall keep records of all appearance tickets
for all notices issued and all arrests made for violation of the parking
laws, ordinances, rules and regulations and of all fines imposed and
all fines collected by the Bureau and of the final disposition or
present status of every summons, notice or appearance ticket issued
pursuant to the parking laws, ordinances, rules and regulations of
the Town.
G.
The Bureau shall perform such other or additional
duties and keep such other and additional records as shall be prescribed
by the Town Board of the Town of Babylon.
H.
The Bureau shall adopt and promulgate its own rules
and regulations as to its forms and procedures.
I.
The Bureau shall set such fines as appropriate to
the violations of law.
The power of attorney referred to in § 204-5B hereof shall be in the following form:
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"POWER OF ATTORNEY:
The undersigned pleads guilty to the charge noted hereon and encloses
herewith the sum of $_________ cash, check or money order to pay the
necessary fine (circle the one used).
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I hereby appoint the
Clerk of Babylon Town Traffic Violations Bureau as my attorney-in-fact
to appear for me in said Bureau, to waive a hearing on such violations,
to enter a plea of guilty on my behalf and to pay the fine."
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BABYLON TOWN TRAFFIC VIOLATIONS BUREAU
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Signed
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Print your name
Address
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Date ______________________
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Any person appearing before the Bureau may appear
on his/her own behalf or may be represented by counsel of his/her
own choice.
All fines collected pursuant to this chapter
shall be paid to the Traffic Violations Bureau of the Town of Babylon.
If any section, provision or part thereof in
this chapter shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision or part
thereof not so adjudged invalid or unconstitutional.
This chapter shall be effective immediately.
[Amended 11-6-2008 by L.L. No. 29-2008]
Notwithstanding any other provision in any law,
ordinance or regulation to the contrary, failure to pay or answer
a notice of violation returnable to the Traffic Violations Bureau
within 10 days of issuance thereof may result in additional penalties.
Further, judgment may be granted on default and enforced by vehicle
tow and impoundment and/or nonrenewal of New York State motor vehicle
registration and New York State driver's license.
