[Amended 2-6-1989 by L.L. No. 2-1989]
The Town Court of the Town of Lake George, having jurisdiction of traffic
violations in the Village of Lake George, 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.
[Amended 2-6-1989 by L.L. No. 2-1989]
This Bureau, to be termed the "Village of Lake George Traffic Violations
Bureau," shall be in charge of such person or persons and shall be open to
such hours as shall be designated by the Town Court of the Town of Lake George,
having jurisdiction of traffic violations in the Village of Lake George.
[Amended 2-6-1989 by L.L. No. 2-1989]
A Justice of the Town Court 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 law, provided that these fines are within
the limits established as penalties for violations of traffic laws, rules
and regulations of the Village of Lake George, and provided further that the
penalty for violation of the Village Parking Meter Law shall be in accordance with said law.
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. 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.
The aforementioned Traffic Violations Bureau is not 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 charges 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 desire 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. If the violator of restrictions on parking under the
traffic ordinances, rules and regulations of the Village of Lake George does
not appear in response to a notice affixed to his 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 of the
violation and warning him that he 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, a complaint will be filed and a warrant for arrest issued.
E. In the event that any person fails to comply with a notice
as provided in the preceding subsection or fails to make appearance pursuant
to a summons directing an appearance in the Traffic Violations Bureau, or
if any person fails or 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 arrest. 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.
F. Any person to whom a notice of traffic infraction has
been delivered and who willfully violates a written promise to appear and
answer to such notice of traffic infraction shall be subject to arrest upon
a warrant issued pursuant to a sworn information or complaint setting forth
the specific violation for which such notice of traffic infraction was issued.
G. The Traffic Violations Bureau shall keep records and
submit summarized monthly reports to a Town Justice of the Town of Lake George
in charge of traffic violations of the Village of Lake George of all notices
issued and arrests made for violations of the Traffic Law of the Village and of all the fines collected by the Traffic Violations 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.
[Amended 2-6-1989 by L.L. No. 2-1989]
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 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 stead in Court.