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This entry was published on 2020-02-28
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SECTION 371
Jurisdiction and procedure
General Municipal (GMU) CHAPTER 24, ARTICLE 14-B
* § 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, 2024

* § 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, 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-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 section 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, 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 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 to make
such a plea or admission 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 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 shall cause a complaint to be entered against him or her
forthwith and a warrant to be issued for his or her 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 or her right to counsel or to prevent him or her
from exercising his or 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.

* NB Effective December 1, 2024 and Expires December 1, 2024

* § 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, 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-d or section eleven hundred eleven-e or section
eleven hundred seventy-four-a of the vehicle and traffic law, 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 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 to make such a plea or admission 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 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 shall cause a complaint
to be entered against him or her forthwith and a warrant to be issued
for his or her 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 or her right
to counsel or to prevent him or her from exercising his or 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.

* NB Effective December 1, 2024 until December 1, 2024

* § 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, 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-e of the vehicle and traffic law, and, if
authorized by local law or ordinance, to adjudicate 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 the vehicle and traffic law 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 or
admitting liability as an owner for violation of subdivision (d) of
section eleven hundred eleven of the vehicle and traffic law, as the
case may be, or admitting liability as an owner for a violation of
section eleven hundred seventy-four of the vehicle and traffic law, as
the case may be, and authorizing the person in charge of the bureau to
make such a plea or admission 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 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 or owner
liable for a violation of section eleven hundred seventy-four 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 shall cause a complaint
to be entered against him or her forthwith and a warrant to be issued
for his or her 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 or her right
to counsel or to prevent him or her from exercising his or 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.

* NB Effective December 1, 2024 until December 1, 2024

* § 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, and, if authorized by local law or ordinance, to adjudicate 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 the vehicle and traffic law 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, or admitting liability as an owner for a
violation of section eleven hundred seventy-four of the vehicle and
traffic law, as the case may be and authorizing the person in charge of
the bureau to make such a plea or admission 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 or owner liable for a violation of section eleven hundred
seventy-four 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
shall cause a complaint to be entered against him or her forthwith and a
warrant to be issued for his or her 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 or her right to counsel or to prevent him or her from exercising his
or 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.

* NB Effective December 1, 2024 until December 1, 2024

* § 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, 2024