 | RESOLUTION NO. 260 of 2022 DATED: November 22, 2022 |
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2022) A LOCAL LAW ESTABLISHING A TRAFFIC DIVERSION PROGRAM WITHIN THE COUNTY OF MONTGOMERY, NEW YORK
| Seconded by: | Sweet |
WHEREAS, the County of Montgomery enacts from time-to-time local laws, whereby to regulate and administer governance in the County of Montgomery, New York; and
WHEREAS, the Montgomery County District Attorney has made presentations to the County Legislature, as well as the appropriate standing Committees thereof, regarding the creation of a Traffic Diversion Program; and
WHEREAS, the processing of Uniform Traffic Tickets places a significant burden upon the resources of the local criminal courts and the Office of Montgomery County District Attorney; and
WHEREAS, the financial burdens imposed by the New York State Deartment of Motor Vehicles and the insurance carriers permitted to operate within the State of New York present to motorists convicted of Vehicle and Traffic offenses an ever increasing concern; and
WHEREAS, New York State's District Attorneys have great discretion in the disposition of Vehicle and Traffic offenses within the jurisdiction they serve; and
WHEREAS, the Legislature well deems it appropriate to enact a Traffic Diversion Program to ensure the efficient, fair and uniform administrative processing of Uniform Traffic Tickets and serving the ends of justice within Montgomery County, New York; and
NOW THEREFORE
Be it enacted by the County Legislature of the County of Montgomery as follows:
SECTION 1: LEGISLATIVE INTENT
It is the intent of this Local Law to establish a Traffic Diversion Program for persons determined by the District Attorney, in the exercise of the inherent discretion of that office, to be appropriate for such diversion services as a component and condition of a settlement of traffic infraction matters pending before a local criminal court in the County of Montgomery. The costs associated with this program are to be borne by the person so enrolled in amounts set forth in a schedule of fees reference by this local law.
SECTION 2: DEFINITIONS
1. “Clerk of the Legislature” shall mean the Clerk of the Legislature in and for the County of Montgomery New York, as defined in the Charter of Montgomery County, New York.
2. “County Executive” shall mean the County Executive in and for the County of Montgomery, New York, as defined in the Local Laws of Montgomery County, New York, that created said position.
3. “County Treasurer” shall mean the County Treasurer in and for the County of Montgomery, New York, as defined in the Charter of Montgomery County, New York.
4. “District Attorney” shall mean the District Attorney in and for the County of Montgomery, New York, as defined in the Charter of Montgomery County, New York, and those duly authorized agents empowered to act on behalf of the District Attorney.
5. “Driver Diversion Services” shall mean instructive materials and / or classes as generally recognized in the safe driving of motor vehicles, as defined under New York State Vehicle and Traffic Law (VTL), or any successor thereto, for the protection of drivers, passengers and the public at-large.
6. “Eligible Motorist” shall mean a motorist who has been charged in a Local Criminal Court within the geographical jurisdiction of the County of Montgomery who has voluntarily applied for and been approved to participate in Driver Diversion Services.
7. “Public Safety Committee” shall mean the standing committee of the Montgomery County Legislature bearing the name Public Safety Committee of the Montgomery County Legislature.
8. “Local Criminal Court” shall mean a local criminal court, as that term is defined under New York Criminal Procedure Law, § 10.10, or any successor thereto.
9. “Traffic Diversion Program Administrator” shall mean the Administrator of the Traffic Diversion Program, as defined herein who shall be a management / exempt employee appoint by and serving at the pleasure of the District Attorney empowered to administer the Traffic Diversion Program as established by this law.
10. “Uniform Traffic Ticket” shall mean a simplified traffic information, as defined by New York Criminal Procedure Law, § 100.10 (2) (a), or any successor thereto.
SECTION 3: ESTABLISHMENT OF TRAFFIC DIVERSION PROGRAM
In order to effectuate “the government, protection, order, conduct, safety, health and well-being of persons and property” (New York Home Rule Law, § 10 [12]) within the County of Montgomery, the Montgomery County Legislature establishes a Traffic Diversion Program (hereinafter referred to as the “Program”), for any and all persons determined by the District Attorney to be eligible to participate Driver Diversion Services, as set forth herein.
SECTION 4: TRAFFIC DIVERSION PROGRAM
1. Program:
Upon referral into the Program, which program shall be in accordance with the lawful discretion of the District Attorney by means of an application process promulgated by the District Attorney and where such records shall be maintained in accordance with New York County Law, § 700 (7), an Eligible Motorist will be given thirty (30) days to complete a traffic safety course approved by the New York State Department of Motor Vehicles and the District Attorney's Office. This course may be completed in a traditional classroom setting or online. After the motorist successfully completes the course, [s]he must provide a “Certificate of Completion” in accordance with the program guidelines.
The Program’s Application fees will be established in a Fee Schedule and shall be available on the District Attorney Webpage. The procedures for a motorist applying for participation in the Program will be developed by the Office of the District Attorney, published in both hardcopy and upon the District Attorney Webpage, and implemented by the Program Administrator.
SECTION 5: EFFECTIVE DATE
This Local Law shall take effect upon filing in the Office of the New York State Secretary of State as provided by Section 27 of the Municipal Home Rule Law.
RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)
Traffic Diversion Program
Statement of Legislative and Financial Impact:
I. Nature of Request:
ADOPT INTRODUCTORY LOCAL LAW ESTABLISHING A TRAFFIC DIVERSION PROGRAM WITHIN THE COUNTY OF MONTGOMERY, NEW YORK
II. Justification:
TO ESTABLISH A PROGRAM TO ENSURE THE EFFICIENT, FAIR AND UNIFORM ADMINISTRATIVE PROCESSING OF UNIFORM TRAFFIC TICKETS AND SERVING THE ENDS OF JUSTICE WITHIN MONTGOMERY COUNTY.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Montgomery County Charter
IV. Financial Impact:
The cost of this program are to be borne by the drivers receiving tickets that request reductions. Accommodations will be made for indigent applicants.
The County will receive a portion of the fees collected under this program as revenue.
| cc: | County Clerk County Treasurer |
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