[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 11-5-1973.
Amendments noted where applicable.]
A.
For the purpose of assisting the Village Justice of the
Village of Elmsford, hereinafter referred to as the "Court," in the disposition
of offenses in relation to traffic violations, pursuant to the provisions
of Article 14-B, §§ 370, 371 and 372 of the General Municipal
Law, the Court is hereby authorized to establish a Traffic Violations Bureau,
hereinafter referred to as the "Bureau."
B.
The Bureau shall be in the charge of such person or persons,
and shall be open at such hours, as the Court may designate.
A.
The Bureau so established shall dispose of violations
of traffic laws, ordinances and rules and regulations affecting parking by
permitting a person charged with an offense, within the limitations herein
stated, to answer within a specified time, at such Traffic Violations Bureau,
either in person or by written power of attorney, in such form as may be prescribed
in this chapter, by paying such fine as may be prescribed by the Court, and
in writing waiving a hearing in Court, pleading guilty to the charge and authorizing
the person in charge of the Bureau to make such a plea and pay such a fine
in Court.
B.
Acceptance of such fine and power of attorney by the
Bureau shall be deemed complete satisfaction for the violation, and the violator,
as provided by law, shall be given a receipt which so states.
C.
Failure to answer.
(1)
If a person charged with a traffic violation as aforesaid
does not answer as hereinbefore prescribed within a designated time, the Bureau
may serve a notice or summons upon said person by:
(2)
If such notice or summons is disregarded, the Bureau
may cause a complaint to be entered against him and secure and issue a warrant
for his arrest.
D.
The Bureau is not authorized to deprive a person of his
right to counsel nor to prevent him from exercising his right to appear in
court to answer to, explain or defend any charge of a violation of any traffic
law, ordinance, rule or regulation.
The Court is hereby authorized to designate the fines to be paid for
parking offenses which may be satisfied at the Bureau in the manner hereinbefore
stated, provided that such fines are within the limits established as penalties
for such offenses, and is further authorized to designate the period or periods
of time within which a person charged with such an offense may answer at the
Bureau.
The Bureau shall keep a record of all such violations of which each
person has been guilty, whether guilt was established in Court or in the Bureau,
and also a record of all fines collected and the disposition thereof. Such
Bureau shall also perform such other or additional duties and keep such other
or additional records as shall be prescribed by the Court and/or the Board
of Trustees.
The written power of attorney to be used by persons answering charges
by power of attorney in the manner hereinabove prescribed is as follows:
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Date ______________________, 19_____. I, the Undersigned, hereby waive
a hearing in court, the aid of counsel and plead guilty to the charge as indicated
herein, and duly constitute the Clerk of the Traffic Violations Bureau, my
attorney in fact, authorizing him to appear in court, enter my plea and pay
my fine.
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