[HISTORY: Adopted by the Board of Trustees
of the Village of Bayville 5-14-1979 by L.L. No. 8-1979.[1] Amendments noted where applicable.]
[1]
(NOTE: Section 1 of this local law reads as follows: "Legislative
intent. It is the intention of the Board of Trustees of the Incorporated
Village of Bayville to create a Traffic Violations Bureau pursuant
to the authority provided in Article 14-B of the General Municipal
Law of the State of New York."
For the purpose of assisting the Village Justice
Court of the Incorporated Village of Bayville, New York, in the disposition
of offenses in relation to traffic violations, the Board of Trustees
of the Incorporated Village of Bayville, New York, hereby authorizes
said Village Justice Court to establish a Traffic Violations Bureau.
The Traffic Violations Bureau shall be in charge
of such person or persons and shall be open such hours as the Village
Justice may designate.
Said Traffic Violations Bureau is hereby authorized to dispose of such violations of traffic laws, local laws, ordinances, rules and regulations as the Village Justice Court may, in its discretion, determine, but only 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 herein stated to answer at any time from the date of the issuance of the summons, citation or appearance ticket, up to and including the day before the return date of the summons, citation or appearance ticket, between the hours of 10:00 a.m. and 1:00 p.m., except Saturdays, Sundays and holidays, at the Traffic Violations Bureau, either in person or by written power of attorney in the form prescribed in § 71-10 hereof, 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 a plea and pay such a fine in court.
Acceptance of the prescribed fine and power
of attorney by the Bureau shall be deemed complete satisfaction for
the violation, and the violator shall be given a receipt which so
states.
If a person charged with a traffic violation
does not answer as hereinbefore prescribed within the above-mentioned
period from the date of the issuance of the summons, up to and including
the day before the return date of the summons or appear in court on
the return date of the summons, the Bureau shall cause a complaint
to be entered against him forthwith and a warrant to be issued for
his arrest and appearance before the court.
Any person who shall have been, within the preceding
12 months, guilty of a number of parking violations in excess of such
maximum number as may be designated by the Village Justice Court,
or of three or more violations other than parking violations, shall
not be permitted to appear and answer to a subsequent violation at
the Traffic Violations Bureau but must appear in court at a time specified
by the Bureau.
Such Traffic Violations Bureau shall not be
authorized to deprive a person of his right to counsel or 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, local law,
ordinance, rule or regulation.
The Village Justice Court shall designate the
fines to be paid for offenses which may be satisfied at the Bureau
as hereinbefore stated, provided that such fines are within the limits
established as penalties for such offenses.
The Traffic Violations Bureau shall keep a record
of all violations of which each person has been guilty, whether such
guilt was established in court or in the Bureau, and also a record
of all fines collected and the disposition thereof. It shall also
perform such other or additional duties and keep such other or additional
records as shall be prescribed by the Village Justice Court and/or
the Board of Trustees of the Incorporated Village of Bayville, New
York.
The power of attorney referred to in § 71-3 of this chapter shall be in the form of a written or typewritten statement setting forth that the person executing the same and charged with a violation thereby appears and answers to the charge by pleading guilty thereto, waives a hearing in court and authorizes the person in charge of the Traffic Violations Bureau to make such a plea and pay such a fine to court in his behalf, and shall be signed by the person appearing and answering to the charge in the presence of a witness who shall also affix his signature thereto as such witness.
