[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa 12-1-1953; amended in its entirety 5-24-1999 by L.L. No. 2-1999. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 192.
As used in this chapter, the following terms shall have the meanings indicated:
POWER OF ATTORNEY
Any written statement in the presence of a witness and to which statement the witness shall affix his/her signature, stating that the person executing the same and charged with a violation is thereby appearing and answering to the charge, pleading guilty thereto, waiving a hearing in court and authorizing the person in charge of the Traffic Violations Bureau to make such a plea in his/her stead in court.
A. 
The Village Justice of the Village of Ballston Spa, New York, having jurisdiction of traffic violations in the Village of Ballston Spa, is hereby authorized, pursuant to Article 14-B of the General Municipal Law, to establish a Traffic Violations Bureau to assist the court in the disposition of offenses in relation to traffic violations.
B. 
This Bureau, to be termed "Village of Ballston Spa Traffic Violations Bureau," shall be in charge of such person or persons and shall be open at such hours as shall be designated by the Village Justice of the Village of Ballston Spa, New York, having jurisdiction of traffic violations in the Village of Ballston Spa.
The Village Justice of the Village of Ballston Spa, New York, aforementioned, shall designate the fines to be paid for the first, second and third offenses which may be satisfied at the Traffic Violations Bureau as provided in this chapter, provided that these fines are within the limits established as penalties for violations of traffic laws, rules and regulations of the Village of Ballston Spa, and provided, further, that the penalty for violation of the Village Parking Meter Ordinance shall be in accordance with said chapter. The Village Justice shall be authorized to double the amount of any fine should any fine remain unpaid for a thirty-day period.
A. 
The Traffic Violations Bureau so established shall have authority 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.
B. 
Pursuant to § 371 of Article 14-B of the General Municipal Law, 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 court or 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 the time specified by such Bureau.
A. 
A person who has received a notice of traffic infraction affixed to his/her motor vehicle shall be permitted within the time specified in said notice to answer at the Traffic Violations Bureau to the charges set forth therein, except as limited by Subsection B of this section, either in person or by power of attorney as hereinafter defined by paying a prescribed fine and, in writing, waiving hearing in court, pleading guilty to the charge and giving power of attorney to the person in charge of the Traffic Violations Bureau by depositing a cash bail equal to double the prescribed fine for appearance in court at a time specified by the Bureau. Acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed complete satisfaction for the infraction, and the violator shall be given a receipt which so states.
B. 
Any person who is charged with speeding, contrary to the provisions of the traffic rules, ordinances and regulations of the Village of Ballston Spa,[1] or the New York State Vehicle and Traffic Law, or who has been guilty 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.
[1]
Editor's Note: See Ch. 192.
C. 
The aforementioned Traffic Violations Bureau is not authorized to deprive a person of his/her right to counsel or to prevent him/her from exercising his/her 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 following duties are hereby imposed on the Traffic Violations Bureau:
A. 
It shall accept designated fines, issue receipts and represent in court such violators as are permitted and desired to plead guilty, waive court appearance and give power of attorney.
B. 
It shall receive and issue receipt for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket and notify the arresting officer and witnesses, if any, to be present.
C. 
It shall keep an easily accessible record of all violations of which each person has been guilty during the preceding 12 months, whether such guilt was established in court or in the Traffic Violations Bureau.
D. 
Notice of traffic infraction.
(1) 
If the violator of restrictions on parking under the traffic ordinances, rules and regulations of the Village of Ballston Spa does not appear in response to a notice affixed to his/her motor vehicle within a period of two days, the Traffic Violations Bureau shall send to the owner of the motor vehicle to which the notice was affixed a letter informing him/her of the violation and warning him/her he/she will be held responsible for the appearance of the offender, and, in the event that such a letter is disregarded for a period of two days, complaint will be filed and that their license may be suspended for failure to appear.
(2) 
In the event that any person fails to comply with a notice as provided in the preceding Subsection D(1) or fails to make appearance pursuant to a summons directing an appearance, the Traffic Violations Bureau shall forthwith have a complaint entered against such person. Such 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.
E. 
The Traffic Violations Bureau shall keep records and submit summarized monthly reports to the Village Board of Trustees and the Village Justice of the Village of Ballston Spa, New York, in charge of traffic violations in the Village of Ballston Spa, of all notices, all the fines collected by the Traffic Bureau and of the final disposition or present status of every case of violation. Such record shall be so maintained as to show all types of violations and the totals of each. Said records shall be public records.