N.Y. General Municipal Law § 371: Jurisdiction and procedure

* § 371. Jurisdiction and procedure. 1. A traffic violations bureau

so established may be authorized 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, and, if authorized by local law or ordinance, to adjudicate the

liability of owners for violations of subdivision (d) of section eleven

hundred eleven of the vehicle and traffic law in accordance with section

eleven hundred eleven-a of such law or section eleven hundred eleven-b

of such law as added by sections sixteen of chapters twenty, and

twenty-two of the laws of two thousand nine which amended this

subdivision, or section eleven hundred eleven-d of such law, or section

eleven hundred eleven-e of such law or section eleven hundred

seventy-four-a of such law.

2. The Nassau county traffic and parking violations agency, as

established, may be authorized to assist the Nassau county district

court, and the Suffolk county traffic and parking violations agency, as

established, may be authorized to assist the Suffolk county district

court, in the disposition and administration of infractions of traffic

and parking laws, ordinances, rules and regulations and the liability of

owners for violations of subdivision (d) of section eleven hundred

eleven of the vehicle and traffic law in accordance with section eleven

hundred eleven-b of such law and the liability of owners for violations

of section eleven hundred seventy-four of the vehicle and traffic law in

accordance with section eleven hundred seventy-four-a of such law,

except that such agencies shall not have jurisdiction over (a) the

traffic infraction defined under subdivision one of section eleven

hundred ninety-two of the vehicle and traffic law; (b) the traffic

infraction defined under subdivision five of section eleven hundred

ninety-two of the vehicle and traffic law; (c) the violation defined

under paragraph (b) of subdivision four of section fourteen-f of the

transportation law and the violation defined under clause (b) of

subparagraph (iii) of paragraph c of subdivision two of section one

hundred forty of the transportation law; (d) the traffic infraction

defined under section three hundred ninety-seven-a of the vehicle and

traffic law and the traffic infraction defined under subdivision (g) of

section eleven hundred eighty of the vehicle and traffic law; (e) any

misdemeanor or felony; or (f) any offense that is part of the same

criminal transaction, as that term is defined in subdivision two of

section 40.10 of the criminal procedure law, as a violation of

subdivision one of section eleven hundred ninety-two of the vehicle and

traffic law, a violation of subdivision five of section eleven hundred

ninety-two of the vehicle and traffic law, a violation of paragraph (b)

of subdivision four of section fourteen-f of the transportation law, a

violation of clause (b) of subparagraph (iii) of paragraph c of

subdivision two of section one hundred forty of the transportation law,

a violation of section three hundred ninety-seven-a of the vehicle and

traffic law, a violation of subdivision (g) of section eleven hundred

eighty of the vehicle and traffic law or any misdemeanor or felony.

2-a. The Buffalo traffic violations agency, as established in

subdivision four of section three hundred seventy of this article, may

be authorized to assist the Buffalo city court in the disposition and

administration of infractions of traffic laws, ordinances, rules and

regulations except that such agency shall not have jurisdiction over (a)

the traffic infraction defined under subdivision one of section eleven

hundred ninety-two of the vehicle and traffic law; (b) the traffic

infraction defined under subdivision five of section eleven hundred

ninety-two of the vehicle and traffic law; (c) the violation defined

under paragraph (b) of subdivision four of section fourteen-f of the

transportation law and the violation defined under clause (b) of

subparagraph (iii) of paragraph c of subdivision two of section one

hundred forty of the transportation law; (d) the traffic infraction

defined under section three hundred ninety-seven-a of the vehicle and

traffic law and the traffic infraction defined under subdivision (g) of

section eleven hundred eighty of the vehicle and traffic law; (e)

traffic infractions constituting parking, standing, stopping or

pedestrian offenses; (f) any misdemeanor or felony; or (g) any offense

that is part of the same criminal transaction, as that term is defined

in subdivision two of section 40.10 of the criminal procedure law, as a

violation of subdivision one of section eleven hundred ninety-two of the

vehicle and traffic law, a violation of subdivision five of section

eleven hundred ninety-two of the vehicle and traffic law, a violation of

paragraph (b) of subdivision four of section fourteen-f of the

transportation law, a violation of clause (b) of subparagraph (iii) of

paragraph c of subdivision two of section one hundred forty of the

transportation law, a violation of section three hundred ninety-seven-a

of the vehicle and traffic law, a violation constituting a parking,

stopping, standing or pedestrian offense, a violation of subdivision (g)

of section eleven hundred eighty of the vehicle and traffic law or any

misdemeanor or felony.

2-b. The Rochester traffic violations agency, as established in

subdivision five of section three hundred seventy of this article, may

be authorized to assist the Rochester city court in the disposition and

administration of infractions of traffic laws, ordinances, rules and

regulations except that such agency shall not have jurisdiction over (a)

the traffic infraction defined under subdivision one of section eleven

hundred ninety-two of the vehicle and traffic law; (b) the traffic

infraction defined under subdivision five of section eleven hundred

ninety-two of the vehicle and traffic law; (c) the violation defined

under paragraph (b) of subdivision four of section fourteen-f of the

transportation law and the violation defined under clause (b) of

subparagraph (iii) of paragraph c of subdivision two of section one

hundred forty of the transportation law; (d) the traffic infraction

defined under section three hundred ninety-seven-a of the vehicle and

traffic law and the traffic infraction defined under subdivision (g) of

section eleven hundred eighty of the vehicle and traffic law; (e)

traffic infractions constituting parking, standing, stopping or

pedestrian offenses; (f) any misdemeanor or felony; or (g) any offense

that is part of the same criminal transaction, as that term is defined

in subdivision two of section 40.10 of the criminal procedure law, as a

violation of subdivision one of section eleven hundred ninety-two of the

vehicle and traffic law, a violation of subdivision five of section

eleven hundred ninety-two of the vehicle and traffic law, a violation of

paragraph (b) of subdivision four of section fourteen-f of the

transportation law, a violation of clause (b) of subparagraph (iii) of

paragraph c of subdivision two of section one hundred forty of the

transportation law, a violation of section three hundred ninety-seven-a

of the vehicle and traffic law, a violation constituting a parking,

stopping, standing or pedestrian offense, a violation of subdivision (g)

of section eleven hundred eighty of the vehicle and traffic law or any

misdemeanor or felony.

3. A person charged with an infraction which shall be disposed of by

either a traffic violations bureau, the Nassau county traffic and

parking violations agency, or the Suffolk county traffic and parking

violations agency may be permitted to answer, within a specified time,

at the traffic violations bureau, in Nassau county at the traffic and

parking violations agency and in Suffolk county at the traffic and

parking violations agency, either in person or by written power of

attorney in such form as may be prescribed in the ordinance or local law

creating the bureau or agency, by paying a prescribed fine and, in

writing, waiving a hearing in court, pleading guilty to the charge or

admitting liability as an owner for the violation of subdivision (d) of

section eleven hundred eleven of the vehicle and traffic law, as the

case may be, and authorizing the person in charge of the bureau or

agency to enter such a plea or admission and accept payment of said

fine. Acceptance of the prescribed fine and power of attorney by the

bureau or agency shall be deemed complete satisfaction for the violation

or of the liability, and the violator or owner liable for a violation of

subdivision (d) of section eleven hundred eleven of the vehicle and

traffic law shall be given a receipt which so states. If a person

charged with a traffic violation does not answer as hereinbefore

prescribed, within a designated time, the bureau or agency may cause a

complaint to be entered against him forthwith and a warrant to be issued

for his arrest and appearance before the court, such summons to be

predicated upon the personal service of said summons upon the person

charged with the infraction. Any person who shall have been, within the

preceding twelve months, guilty of a number of parking violations in

excess of such maximum number as may be designated by the 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 or agency, but must appear in court at a time

specified by the bureau or agency. Such bureau or agency 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, ordinance, rule or

regulation.

3-a. A person charged with an infraction which shall be disposed of by

the Buffalo traffic violations agency may be permitted to answer, within

a specified time, at the traffic violations agency either in person or

by written power of attorney in such form as may be prescribed in the

ordinance or local law creating the agency, by paying a prescribed fine

and, in writing, waiving a hearing in court, pleading guilty to the

charge or a lesser charge agreeable to the traffic prosecutor and the

person charged with an infraction, and authorizing the person in charge

of the agency to enter such a plea and accept payment of said fine.

Acceptance of the prescribed fine and power of attorney by the agency

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 a designated time, the agency may cause a complaint to be entered

against him forthwith and a warrant to be issued for his arrest and

appearance before the court, such summons to be predicated upon the

personal service of said summons upon the person charged with the

infraction. Any person who shall have been, within the preceding twelve

months, guilty of three or more violations, shall not be permitted to

appear and answer to a subsequent violation at the agency, but must

appear in court at a time specified by the agency. Such agency 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, ordinance, rule

or regulation.

3-b. A person charged with an infraction which shall be disposed of by

the Rochester traffic violations agency may be permitted to answer,

within a specified time, at the traffic violations agency either in

person or by written power of attorney in such form as may be prescribed

in the ordinance or local law creating the agency, by paying a

prescribed fine and, in writing, waiving a hearing in court, pleading

guilty to the charge or a lesser charge agreeable to the traffic

prosecutor and the person charged with an infraction, and authorizing

the person in charge of the agency to enter such a plea and accept

payment of said fine. Acceptance of the prescribed fine and power of

attorney by the agency 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 a designated time, the agency may cause

a complaint to be entered against him forthwith and a warrant to be

issued for his arrest and appearance before the court, such summons to

be predicated upon the personal service of said summons upon the person

charged with the infraction. Any person who shall have been, within the

preceding twelve months, guilty of three or more violations, shall not

be permitted to appear and answer to a subsequent violation at the

agency, but must appear in court at a time specified by the agency. Such

agency 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, ordinance, rule or regulation.

4. Notwithstanding any inconsistent provision of law, fines, penalties

and forfeitures collected by the Nassau county or Suffolk county traffic

and parking violations agency shall be distributed as provided in

section eighteen hundred three of the vehicle and traffic law. All

fines, penalties and forfeitures for violations adjudicated by the

Nassau county or Suffolk county traffic and parking violations agency

pursuant to subdivision two of this section, with the exception of

parking violations, and except as provided in subdivision three of

section ninety-nine-a of the state finance law, shall be paid by such

agencies to the state comptroller within the first ten days of the month

following collection. Each such payment shall be accompanied by a true

and complete report in such form and detail as the comptroller shall

prescribe.

4-a. Notwithstanding any inconsistent provision of law, fines,

penalties and forfeitures collected by the Buffalo traffic violations

agency shall be distributed as provided in section eighteen hundred

three of the vehicle and traffic law. All fines, penalties and

forfeitures for violations adjudicated by the Buffalo traffic violations

agency pursuant to subdivision two-a of this section except as provided

in subdivision three of section ninety-nine-a of the state finance law,

shall be paid by such agency to the state comptroller within the first

ten days of the month following collection. Each such payment shall be

accompanied by a true and complete report in such form and detail as the

comptroller shall prescribe.

4-b. Notwithstanding any inconsistent provision of law, fines,

penalties and forfeitures collected by the Rochester traffic violations

agency shall be distributed as provided in section eighteen hundred

three of the vehicle and traffic law. All fines, penalties and

forfeitures for violations adjudicated by the Rochester traffic

violations agency pursuant to subdivision two-a of this section except

as provided in subdivision three of section ninety-nine-a of the state

finance law, shall be paid by such agency to the state comptroller

within the first ten days of the month following collection. Each such

payment shall be accompanied by a true and complete report in such form

and detail as the comptroller shall prescribe.

* NB Effective until December 1, 2029

* § 371. Jurisdiction and procedure. A traffic violations bureau so

established may be authorized 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, by permitting a person charged with an offense within the

limitations herein stated, to answer, within a specified time, at the

traffic violations bureau, either in person or by written power of

attorney in such form as may be prescribed in the ordinance creating the

bureau, 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 a designated time, 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 twelve months, guilty of a number of parking violations in

excess of such maximum number as may be designated by the 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, ordinance, rule or

regulation.

* NB Effective December 1, 2029