CHAPTER 60

 

                     TRAFFIC AND VEHICLES

 

                           ARTICLE I

 

                      GENERAL PROVISIONS

 

§ 60.1  Title

 

  This Chapter shall be known and may be cited as the "Traffic and Vehicle Law of the Incorporated Village of Mineola, New York".

 

§ 60.2  Purpose and authority

 

  A.  Purpose.

 

  The purpose of this Chapter is to authorize the Board of Trustees to enact traffic regulations by resolution, thereby simplifying the procedure to enact such regulations.

 

  B.  Authorization to Enact Traffic Regulations by Resolution.

 

  Pursuant to Article 39, §§ 1640, 1640-a, 1641, 1643 and 1644 of the Vehicle and Traffic Law, the Board of Trustees is hereby authorized to enact traffic regulations by resolution for any and all of the purposes enumerated in said sections of the Vehicle and Traffic Law.

 

§ 60.3  Authority to install traffic control devices

 

  The Superintendent of Public Works and Parks shall install and maintain traffic control devices when and as required under the provisions of this Chapter and traffic orders enacted by the Board of Trustees to make effective the provisions of this Chapter and traffic orders and shall install and maintain such additional traffic control devices as the Board of Trustees may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York subject to provisions of Sections 1682 and 1684 of that Law.

 

References:

 

  Holidays.

  Unless signs enumerate the holidays on which parking is permitted, the term "holidays" on parking   meters will be construed to mean all those defined in Section 24 of the Gen Const Law. People      v Abelove, 54 Misc2d 306.

 

 

 

 

§ 60.21                  MUNICIPAL CODE

 

                          ARTICLE II

 

                   TRAFFIC VIOLATIONS BUREAU

 

§ 60.21  Establishment of Traffic Violations Bureau

 

  A.  Authorization.

 

  The Village Justice of the Village of Mineola is hereby authorized to establish a Traffic Violations Bureau pursuant to the provision of Article 14‑B of the General Municipal Law.

 

  B.  Scope of authority.

 

  The Traffic Violations Bureau, when established, is hereby 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.

 

  C.  Appearance; failure.

 

  1.  Any summons charging a parking violation may be served upon the violator in person, or may be affixed to the motor vehicle involved in the violation.

 

  2.  If, in any parking violation case where the summons was affixed to the motor vehicle and not served personally, no one answers as hereinabove provided within the time designated in the summons, the Traffic Violations Bureau shall send a letter by certified mail return receipt requested to the registered owner of such vehicle as disclosed by the records of the Department of Motor Vehicles, enclosing a copy of the summons and warning the registered owner that he or she will be held responsible for the appearance of the offender, and directing the registered owner to answer the summons in the manner hereinabove provided within a designated time which shall not be less than six (6) days from the date of mailing of said letter.

 

  3.  If any person served personally with a summons under this Article, or if any registered owner of the motor vehicle involved who is served and notified as provided in Paragraph 2 of this Subdivision, does not answer as hereinabove provided within the designated time, the Traffic Violations Bureau shall cause a complaint to be entered against him or her forthwith and shall

 

 

                    TRAFFIC AND VEHICLES                 § 60.21

 

apply for a warrant to be issued for his or her arrest and appearance before the Village Court.

 

  D.  Power of Attorney.

 

  The power of attorney referred to in this Chapter shall be in the following form:

 

POWER OF ATTORNEY

 

  The undersigned hereby acknowledges service of the summons herein, waives a hearing in Court, pleads guilty to the offense charged in said summons, and authorizes the Clerk of the Traffic Violations Bureau of the Village of Mineola to appear in Court for me, to make such plea of guilty on my behalf and to pay the prescribed fine using the money enclosed.

 

                             Signed

                             Print your name

                             Address

 

  E.  Multiple violations.

 

  No appearance shall be accepted from any person who has been guilty of three or more violations within the preceding twelve (12) months.

 

  F.  Right to Attorney, court appearance.

 

  Nothing contained in this Chapter shall authorize the Traffic Violations Bureau to deprive a person of his or her right to be represented by an attorney or to prevent him or her from exercising his or her right to appear in court to answer, to explain, or to defend any charge of a violation of any traffic law, ordinance, rule or regulation.

 

  G.  Duty to maintain records, submit monthly reports.

 

  The Traffic Violation Bureau shall keep complete and accurate records and submit detailed monthly reports to the Village Justice of all notices issued and arrests made for violations of the traffic law, ordinances, rules and regulations, and of all fines collected by the Traffic Violations Bureau and simultaneously transmit all sums collected to the Village Justice or acting Village Justice.

Supp. # 8, 12/31/2003

§ 60.21                   MUNICIPAL CODE

 

  H.  Other duties.

 

  The Traffic Violation Bureau shall perform such other duties as

may be prescribed by the Village Justice.

 

§ 60.22  Determination of Fines

 

  The Village Justice shall prescribe the fine to be paid for offenses which may be satisfied at the Traffic Violations Bureau provided such fines are within the limits established as penalties for such offenses by law.

 

 

ARTICLE III

 

PENALTIES

 

§ 60.100  Penalties for violation of Chapter

 

  A.  Every person convicted of a traffic infraction for a violation of any provision of this Chapter or traffic orders of the Board of Trustees which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall for a first conviction thereof be punished by a fine of not more than Fifty Dollars ($50.00) or by imprisonment for not more than fifteen (15) days or by both such fine and imprisonment; for a second such conviction within eighteen (18) months thereafter such person shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment of not more than fifteen (15) days of by both such fine and imprisonment; upon a third or subsequent conviction within eighteen (18) months after the first conviction, such person shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.

 

  B.  Minimum Fines.

 

  Violations of traffic infractions pursuant to any provisions of the Village’s Code and/or the Vehicle and Traffic Law of the State of New York shall be punishable pursuant to the following Schedule of minimum fines for a first conviction within an eighteen (18) month period:

 

Supp. # 8, 12/31/2003       

                 TRAFFIC AND VEHICLES                  § 60.100

 

VO NO.      DESCRIPTION                                  FINE

 

60.4.2      SNOW ORDINANCE (1ST OFFENSE)                 $100.00

60.4.2      SNOW ORDINANCE (2ND OFFENSE WITHIN 18 MOS.)  $250.00

60.4.2      SNOW ORDINANCE (3RD OFFENSE WITHIN 18 MOS.)  $500.00

60.4.3(I)   ALTERNATE SIDE PARKING                      $ 40.00

60.4.3(II)  LIMITED, RESTRICTED & PROHIBITED            $ 40.00

60.4.3(III) NO PARKING COMMERCIAL VEHICLES              $100.00

60.4.5(I)   NO PARKING (COMMUTER FIELDS)                $ 50.00

60.4.5(II)  HEAD IN PARKING ONLY                        $ 15.00

60.4.5(III) OUT OF SPACE IN FIELD                       $ 40.00

60.4.5.(IV) NO PERMIT (FIELD No. 6)                     $ 50.00

60.4.6      HANDICAPPED PARKING ONLY                    $100.00

                                                + 30 SURCHARGE

60.5.6      OUT OF METER SPACE                          $ 20.00

60.5.8      EXPIRED METER                              $ 20.00

60.6.2      15 MINUTE METERS & STATION PLAZA            $ 20.00

60.6.6      PROHIBITED TRUCKING                         $100.00

 

 

VTL NO.     DESCRIPTION                                   FINE

 

306B        UNINSPECTED M.V. OR EXPIRED STICKER          $ 25.00

401-1       UNREGISTERED M.V.                            $ 25.00

403         EXPIRED REGISTRATION STICKER                 $ 25.00

402         NO FRONT PLATE                              $ 25.00

1201A-1B    PARKED ON SIDEWALK                           $ 35.00

1202A-1A    DOUBLE PARKED                               $ 35.00

1202A-1E    FIRE ZONE                                   $ 35.00

1202A-2A    INTERSECTION OF DRIVEWAY                     $ 25.00

1202A-1C    INTERSECTION OF HIGHWAY                      $ 25.00

1202A-1D    PARKED IN MARKED CROSSWALK                   $ 35.00

1202A-3B    WITHIN 15’ OF FIRE HYDRANT                   $ 35.00

1203        WRONG SIDE & MORE THAN 12” FROM CURB         $ 25.00

1210A       UNATTENDED MOTOR VEHICLE                     $ 25.00

1224        ABANDONED MOTOR VEHICLE                      $ 25.00

ALL OTHER PARKING, STOPPING, AND STANDING VIOLATIONS     $ 20.00

(UNTIL OTHERWISE CHANGED BY THE COURT)

 

  C.  Additional Fines.

 

  In addition to Subsections (A) and (B) above:

 

      (1) The amount of the parking fine shall be increased by 100% thirty (30) days from the date of the defendant’s

Supp. # 8, 12/31/2003        60.4-a

 

§ 60.100                 MUNICIPAL CODE

 

          default with regard to the first date for a court appearance.

 

      (2) The amount of the parking fine will be increased by an additional 50% ninety (90) days from the date of the defendant’s default.

 

      (3) The amount of the parking fine shall be increased by an additional 50% one hundred and eighty (180) days from the date of the defendants’ default.

 

      (4) The amount of the parking fine shall be increased by an additional 50% five hundred and forty (540) days from the date of the defendant’s default.  In addition, at such time, any and all outstanding fines inclusive of penalties will be reduced to a judgment and filed with the appropriate County Clerk. [§ 60.100 amd. LL #4, 2003, 12/10/2003.]

 

 

 

 

 

 

 

 

[Next page is 60.5.]

 

 

 

 

 

Cross-references:

 

   Streets & Pub Places. Chapter 44