[HISTORY: Adopted by the Common Council of the City of Lockport 3-14-1938. Sections 44-4A, 44-5A, 44-10(1) and 44-11A amended during codification; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Traffic Advisory Committee — See Ch. 42.
Vehicles and traffic — See Ch. 183.
The Court of Special Sessions of the City of Lockport is hereby authorized to establish a Traffic Violations Bureau to assist the Court in the disposition of charges in relation to traffic violations, pursuant to Article 14-B of the General Municipal Law.
The Traffic Violations Bureau is hereby authorized to dispose, in the manner herein prescribed, of all parking violations and minor traffic violations.
A. 
When a police officer finds a vehicle so parked as to constitute a parking violation and the absence of the operator or owner prevents present personal service of a notice as prescribed in § 44-4 hereof, the officer shall attach to the vehicle a ticket and shall prepare and sign in triplicate or duplicate, as may be prescribed by the City Clerk, a report, one copy of which shall bear an admission form. The ticket, report and admission shall be substantially in the form prescribed in § 44-10.
B. 
The operator or owner shall have the same privileges of appearing at the Bureau, waiving hearing in Court, pleading guilty and paying the fine, and shall be subject to the same conditions, as are prescribed in §§ 44-5, 44-6 and 44-7 hereof with reference to violators served with notice. In case there is no appearance within the prescribed time, the Bureau shall forthwith cause a notice as provided in § 44-4 to be served upon the owner.
C. 
The ticket attached to the car and the reports shall bear corresponding serial numbers and shall be furnished by the City Clerk to the Chief of Police. One copy of the report bearing the admission form shall be promptly delivered to the Traffic Violations Bureau and the other copy or copies to the Chief of Police.
A. 
Upon ascertaining the identity of the operator or owner of a vehicle so parked as to constitute a parking violation, or of the operator of a vehicle so operated as to constitute a minor traffic violation, a police officer shall serve a notice upon him to appear at the Traffic Violations Bureau within 72 hours. Such notice shall either be served personally or be addressed to him at his last known place of residence and be mailed postpaid.[1]
[1]
Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. II.
B. 
Upon serving such notice the officer shall prepare and sign in triplicate or duplicate, as may be prescribed by the City Clerk, a written charge stating the precise nature, time and place of the offense and the name and address of the person served. The notice and charge shall bear corresponding serial numbers and shall be furnished by the City Clerk to the Chief of Police; and one copy of the charge shall bear an admission form. The notice, charge and admission shall be substantially in the form prescribed in § 44-11 of this chapter. One copy of such charge bearing the admission form shall be promptly delivered to the Traffic Violations Bureau and the other copy or copies to the Chief of Police.
A. 
The person served with notice may, either in person or by written power of attorney, appear at the Traffic Violations Bureau within 72 hours, and thereupon he may, in writing, waive a hearing in Court, plead guilty to the charge, pay the fine and authorize the person in charge of the Bureau to make such a plea and pay the fine into Court. The fines shall be prescribed in writing by the Judge of the Court of Special Sessions and the Bureau shall have no right to deviate therefrom. Response may be made by mail for such violations as may be designated in writing by the Judge of the Court of Special Sessions, and in any such case the receipt by the Bureau through the mail of the notice, together with the amount of the fine prescribed therefor, shall be deemed an appearance. The operator or owner shall sign the admission form and, when appearance is not personal, shall also sign the power of attorney.[1]
[1]
Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. II.
B. 
Acceptance of such fine and power of attorney by the Bureau shall be deemed complete satisfaction of the violation; provided, however, that any person who has in any calendar year been guilty of three or more violations falling within either of the two classes specified in § 44-2 shall not thereafter during that year be entitled to the privileges set forth in this section with respect to a violation in that class.
A person served with notice who appears at the Traffic Violations Bureau and who desires or is required to appear in Court may sign a statement agreeing to appear, stipulating that the charge, although not sworn to, shall have the legal effect of an information and waiving the issuance of a warrant, whereupon he may deposit cash in lieu of bail with the Bureau for his appearance in Court. The amount of the deposit shall be prescribed in writing by the Judge of the Court of Special Sessions, and the Bureau shall have no right to deviate from the amount so prescribed.
If a person served with notice as prescribed by § 44-4 does not appear as hereinbefore prescribed within the designated time, or, having appeared, fails to plead guilty, waive hearing in Court and pay the fine, or if he elects or is required to appear in Court but fails to make the required deposit, the Bureau shall cause a complaint to be entered against him forthwith, and he shall be subject to prosecution in the same manner as if this chapter did not exist.
Every day the Bureau shall report to the Chief of Police and to the City Clerk all appearances and disposition occurring on the previous day, and the Chief of Police or other person by him designated shall furnish to the City Clerk a copy of each report and each charge filed at the Bureau during the preceding day and a report of the serial numbers of all tickets, notices and charges issued by the Chief of Police during the preceding day, together with the names of the respective police officers to whom they were so issued.
The Bureau shall make such other reports, keep such records and perform such duties as shall be prescribed by the Judge of the Court of Special Sessions. The Chief of Police shall cause such other reports to be made and such records to be kept and duties to be performed as he may deem necessary.
A. 
Form.
(1) 
Tickets. The ticket referred to in § 44-3 shall be substantially in the following form:[1]
To the operator or owner of
(make and type of vehicle)
____________________
Bearing registration plates
(state and number)
____________________
You are charged with a parking violation, to wit:
(position or zone)
____________________
on
at _____ on the _____ day of _____
20 _____, at _____ o'clock _____ m.
You have the privilege of appearing within 72 hours at the Traffic Violations Bureau, 1 Locks Plaza, between _____ a.m. and _____ p.m., either in person or by written power of attorney in the form hereinafter prescribed. If you fail to appear, you will be prosecuted for a parking violation.
Dated the ____________________ day of _____ 20 _____
Officer ____________________
[1]
Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. II.
(2) 
Report. The report referred to in § 44-3 shall be substantially in the following form:
To the operator or owner of
(make and type of vehicle)
______________________________________________________
Bearing registration plates
(state and number)
______________________________________________________
You are charged with a parking violation, to wit: (position or zone)
______________________________________________________
on
at _____ on the _____ day of _____
19 _____
Location _____ at _____ o'clock _____ m.
Dated the _____ day of _____ 20 _____
Officer ____________________
(3) 
Admission. The admission referred to in § 44-3 shall be substantially in the following form:
I hereby admit receipt of the ticket containing a copy of the above charge and stipulate that it shall have the same force and effect as if personally served upon me.
Dated the _____ day of _____ 20 _____
B. 
The forms hereinbefore prescribed for the ticket and for the notice may be combined in one form and the forms so prescribed for the report and for the charge may be combined in one form. Minor additions to or minor departures from the prescribed forms shall not invalidate the same.
A. 
Notice. The notice referred to in § 44-4 shall be substantially in the following form[1]:
To ___________________________________________________
(name)
of ____________________________________________________
(address)
You are hereby charged with a minor parking () traffic () violation by ______________________________________________________
(name of offense)
on
at ____________________
(place of offense)
on the _____ day of _____ 20 _____ at _____ m.
You have the privilege of appearing within 72 hours at the Traffic Violations Bureau, 1 Locks Plaza, between _____ a.m. and _____ p.m., either in person or by written power of attorney in the form hereinafter prescribed. If you fail to do so, you will be prosecuted for the violation.
Dated the _____ day of _____ 20 _____
Officer ____________________
[1]
Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. II.
B. 
Charge. The charge referred to in § 44-4 shall be substantially in the following form:
To ____________________________________________________
(name)
of _________________________________________________
(address)
You are hereby charged with a minor parking/traffic violation by ____________________
(name of offense)
on
at ____________________________________________________
(place of offense)
on the _____ day of _____ 20 _____ at _____ m.
Occupation ____________________
Operator's or chauffeur's license No. _______________
No. on license plates ____________________
Make and type of vehicle ____________________
Other information ____________________
Dated the _____ day of _____ 20 _____
Officer ____________________
C. 
Admission. The admission referred to in § 44-4 shall be substantially in the following form:
I hereby admit personal service of a copy of the above notice and stipulate that the above shall have the legal effect of an information when filed in Court.
Dated the _____ day of _____ 20 _____
____________________
(signature of person served)
Disposition:
____________________
A. 
The power of attorney for appearance at the Traffic Violations Bureau shall be substantially in the following form:
I, the undersigned, appoint ____________________ of __________, my attorney, for me and in my name to appear before the Traffic Violations Bureau of the City of Lockport, New York, and to pay the fine prescribed for the violation with which I am charged, and in writing, waive a hearing in Court, plead guilty to the charge and authorize the person in charge of the Bureau to make such a plea for me and pay such a fine into Court.
Dated the _____ day of _____ 20 _____
Witness ____________________
B. 
The waiver and power of attorney authorizing the person in charge of the Bureau to make a plea in Court and pay the fine shall be substantially in the following form and shall be signed by the person charged or in his name by his attorney designated as hereinbefore provided:
To ____________________
I hereby waive a hearing in Court and plead guilty to the traffic violation with which I am charged, to wit:
____________________
(name of offense)
on
at ____________________
(place of offense)
on the _____ day of _____ 20 _____, at _____ o'clock _____ m., and elect to pay the fine prescribed for such violation, to wit: $ _____, which is deposited herewith.
I do hereby authorize you to plead guilty to the charge for me and to pay the aforesaid fine into Court.
Dated the _____ day of _____ 20 _____
____________________
By ____________________
(attorney)
Witness ____________________