The City Court of the City and the Judges thereof
are hereby authorized to establish a Traffic Violations Bureau in
the City, pursuant to the provisions of Article 14-B of the General
Municipal Law of the State of New York, to assist the City Court in
the disposition of offenses in relation to traffic violations.
The Traffic Violations Bureau is hereby authorized
and empowered to dispose of violations of traffic laws, ordinances,
rules and regulations when such offenses shall not constitute the
traffic infraction known as "speeding" or a misdemeanor or felony
by permitting a person charged with an offense, within the limitations
above stated, to answer, within 14 days except as otherwise provided
for parking violations, at the Traffic Violations Bureau, either in
person or by written power of attorney in the form hereinafter set
forth, by paying a prescribed fine 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 plea and pay the fine prescribed
therefor in the City Court. Acceptance by the Traffic Violations Bureau
of the prescribed fine and power of attorney shall be deemed complete
satisfaction for the violation, and the violator shall be given a
receipt which so states.
The written power of attorney and waiver provided for in §
285-35 shall be in substantially the following form:
I, the undersigned, do hereby enter my appearance
on the complaint of the traffic violation charge against me. I have
been informed of my right to a trial, that my signature to this plea
of guilty will have the same force and effect as a judgment of Court,
and that this record may be sent to the Commissioner of Motor Vehicles
of the State of New York or to the proper authorities of the state
where I received my license to drive. I do hereby plead guilty to
said offense as charged, waive my right to hearing by the Court and
agree to pay the penalty or fine prescribed for my offense. I also
authorize the person in charge of the Traffic Violations Bureau of
the City of Auburn to make a plea of guilty and pay said fine in Court.
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Defendant's name
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Address
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Driver's license number
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If a person charged with a traffic violation
does not answer as hereinbefore prescribed within the fourteen-day
period prescribed therefor, except for parking violations, the Traffic
Violations Bureau shall cause a complaint to be entered against him
or her forthwith and a warrant to be issued for his or her arrest
and appearance before the City Court.
[Amended 12-2-2004 by Ord. No. 19-2004]
Any person who within the preceding 12 months,
is issued a number of parking violations in excess of such maximum
number as may be designated by the Auburn City Court shall not be
permitted to appear and answer to any subsequent violation(s) at the
Traffic Violations Bureau but must appear in the Auburn City Court
at a date and time specified by the Bureau.
The City Court and the Judges thereof shall
designate the fines to be paid for offenses which may be satisfied
at the Traffic Violations Bureau as hereinbefore set forth, provided
such fines are within the limitations established by law as penalties
for such offenses.
The Traffic Violations Bureau shall keep a record
of all violations of which each person has been found guilty, whether
such guilt was established in Court or in the Traffic Violations Bureau,
and also a record of all fines collected and the dispositions thereof.
The Traffic Violations Bureau shall also perform such other or additional
duties and keep such other or additional records as shall be prescribed
from time to time by the City Court and the Judges thereof.
Parking violations shall be disposed of substantially
in the following manner:
A. Written notice for failure to appear. If the violator
of any parking offense under the traffic ordinances, rules and regulations
of the City, or the Vehicle and Traffic Law of the State of New York,
which are within the jurisdiction of the Traffic Violations Bureau,
does not appear in response to a notice affixed to his or her motor
vehicle within a period of 14 days, the Traffic Violations Bureau
shall send to the owner of the motor vehicle to which the notice was
affixed a letter or notice informing him or her of the violation and
warning him or her that he or she will be held responsible for the
appearance of the offender, and in the event that such letter or notice
is disregarded for a period of seven days, a complaint will be filed.
B. Entry of complaint; arrest of violator. In the event
the complaint has been filed, the Traffic Violations Bureau shall
then send a notice or subpoena to the violator, informing him or her
that complaint has been filed and directing an appearance in the Traffic
Violations Bureau, and if such person fails to appear within the time
specified, or upon appearance refuses to deposit bail, said Traffic
Violations Bureau shall forthwith have a complaint entered against
such person and secure and issue a warrant for his or her arrest.
Upon the issuance of such a warrant, the Bureau shall not accept any
fine or bail for or from such person but shall consider every such
person entirely under the jurisdiction of the Court.