LL #12-2004NEW YORK STATE DEPARTMENT OF STATE
I
Local Law Filing 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
County
City ---------
Town
of--------�1$pprp�>zger�---------------------------------------------------------
Village
Local Law No. ------# 12 ------------------------- of the year 20-Q4--
A local law - - AMENDING THE CODE -OF- -TOWN -OF-WAPPINGER-BY-CREAj1XG-A-.NKW--ARTLCLE
-------------------------- -
(Insert Title)
VIA TO CHAPTER 230 _ ENTITLED '-'SURCHARGE-_ FOR-_V_TL_ QQN-VZC-TLODIS.'-TJ--------
Be it enacted by the -------------------------------------------- - - - - -
Town--Board-------------------------------------------------------------- of the
--------
(Name oJLegislative Body)
County
City WAPPINGER---------------------------- as follows:
Town
Village
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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DOS -239 (Rev. 11/99)
LOCAL LAW NO.#19 OF THE YEAR 2004
A Local Law entitled "Local Law No. # 12 of the Year 2004, Creating a New Article VIA to
Chapter 230 entitled `Surcharge for VTL Convictions"'
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No. #12 of
the Year 2004, Creating a New Article VIA to Chapter 230 entitled `Surcharge for VTL
Convictions"'
Section II: Legislative Intent:
The New York State Legislature recently amended § 1809-D of the New York State
Vehicle and Traffic Law ("VTL"), as added by Chapter 56 of the Laws of 2004 (S.6056 -B and
A.9556 -B), which provides authority to the Town of Wappinger Town Justices to impose a $10
surcharge on VTL convictions rendered in the Town of Wappinger Justice Court.
The Town Board has determined that it is in the best interest of the Town and its
residents to permit the imposition of a $10 surcharge on convictions rendered in the Town
Justice Court pursuant to §1809-D of the New York State VTL. The Town Board has further
determined that the surcharge that may be imposed by the Town will assist in deterring
violations of the VTL, and to help protect the health, safety and welfare of Town residents.
Accordingly, it is the determination of the Town Board that Chapter 230 of the Town of
Wappinger Code shall be amended to create a new Article VIA which shall be entitled
"Surcharge for VTL Convictions", which shall permit a $10 surcharge on convictions for
violations of various sections of the VTL.
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Section III•
The Town of Wappinger Code, Chapter 230, Article VIA ("Surcharge for VTL
Convictions") is hereby created, which shall appear in Chapter 230, Article VIA of the Town of
Wappinger Code as follows:
"Chapter 230
Article VIA
Surcharge for VTL Convictions
§230-34.1. Purpose. The purpose of this Local Law is to impose a local surcharge on convictions
rendered in the Town Justice Court pursuant to the enabling authority of § 1809-D of the Vehicle
and Traffic Law, as added by Chapter 56 of the Laws of 2004.
§230-34.2. Local Surcharge for Traffic Violations. There shall be an additional surcharge of Ten
Dollars ($10.00) per violation for convictions rendered in the Town of Wappinger Justice Court for
violations committed between the effective date of this Local Law and September 1, 2005, which
convictions are subject to a mandatory surcharge imposed pursuant to § 1809 of the Vehicle and
Traffic Law.
§230-34.3. Payment to Clerk of Court; Disposition of Surcharge. The surcharge authorized by
subdivision one of this section shall be paid to the Clerk of the Court that rendered the conviction.
Within the first ten days of the month next succeeding the collection of such surcharge, the Court
shall pay the surcharge to the Chief Fiscal Officer of the Town.
§230-34.4. Refunds. Any person who has paid a surcharge authorized by this Chapter which is
ultimately determined not to be required by this Chapter shall be entitled to a refund of such
surcharge upon application to the Town Chief Fiscal Officer. Such Chief Fiscal Officer shall
require such proof as is necessary in order to determine whether a refund is required by law.
§230-34.5. Effective Date. This Local Law shall take effect immediately."
Section V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
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not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
OAwappingerVown BoardVocal LAMtraffic Tickets\Local Law.doc
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------#12----- ----- of 20(14___
of the", - )(Town)�g of ------WAFT-T.RGER____________________________________________ was duly passed by the
____ ___ Q9RD _______________________ on--0-Ct--_5------ 20 -04, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
_______________________________________________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the
___________________________________________________ on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name ofLegislative Body)
disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20.--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20-__-__
of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the
----- _---------------- _---------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name ofLegislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20L--- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
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5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph----- 1 ------- above. ,
(Seal)
Clerk of the County legi"slati a bodf X)4y, Town or Village Clerk
or officer designated by lofidl legislatiy/e body
Gloria
J��. 14orse, Tow�h Clerk
Date:L!��d`�
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTYOF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto. _
Signature
Albert P. Roberts, Attorney to Town
Title
Town
XV111691
%d
Date:
of WAPPINGER
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