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.
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.
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.