[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-18-1995 by L.L. No. 9-1995]
The Legislature of Rockland County finds that the use of automated teller
machines (ATMs) to conduct banking transactions has become a fact of daily
life for many County of Rockland residents, commuters and visitors. Because
of the location of many of these ATMs and the time of the day and night they
are used, there is present the risk of robbery and other related crimes for
users of these machines. At present, there is no uniform set of standards
for security at ATM facilities. Consequently, the safety of ATM facilities
frequently differs from location to location,and the users of such facilities
may be vulnerable to robberies and other related crimes. It is the intent
of this chapter to provide uniform standards for the safety and security of
ATMs in Rockland County.
When used in this chapter, the following terms shall have the following
meanings:
Lighting during nighttime hours according to the following standards:
A minimum of 10 candle-foot power within five feet from all unobstructed
directions from the face of the automated teller machine.
A minimum of two candle-foot power within 50 feet from all unobstructed
directions from the face of the automated teller machine. If such machine
is located within 10 feet of the corner of the building and the automated
teller machine facility is generally accessible from the adjacent side, there
shall be a minimum of two candle-foot power along the first 40 unobstructed
feet of the adjacent side of the building.
With respect to defined parking areas, "adequate lighting" means a minimum
of two candle-foot power in that portion of the parking area within 60 feet
of the automated teller machine facility.
With respect to an automated teller machine facility located within
the interior of a building, "adequate lighting" means lighting, on a 24 hour
basis, which permits a person entering the facility to readily and easily
see all persons occupying such facility and which permits a person inside
the facility to readily and easily see all persons at the entry door of such
facility.
A device, linked to a banking organization's account records,
which is able to carry out transactions, including but not limited to account
transfers, deposits, cash withdrawals, balance inquiries and mortgage and
loan payments.
Any crime of violence or threatened violence involving the property
or safety of an ATM customer immediately prior to, during or immediately after
using an automated teller machine while in the automatic teller machine facility
or parking area as defined in this chapter.
The area comprised of one or more automated teller machines and any
adjacent space which is made available to ATM users after regular banking
hours.
Any banking organization as defined in § 2, Paragraph 11
of the New York Banking Law which operates, owns or controls an automated
teller machine facility in the County of Rockland.
The light intensity of candles on a horizontal plane at 36 inches
above ground level and five feet in front of the area to be measured.
That portion of any parking area open for banking organization customer
parking which is contiguous to any paved walkway or sidewalk within 50 feet
of any automated teller machine facility; regularly, principally and lawfully
used for parking by users of the automated teller machine facility while conducting
transactions at such automated teller machine facility during nighttime hours;
and owned or leased by the operator of the automated teller machine facility
or owned or otherwise controlled by the party leasing the automated teller
machine facility site to the operator. The term does not include any parking
area which is not open or regularly used for parking by the users of the automated
teller machine who are conducting automated teller machine transactions during
nighttime hours. A parking area is not open if it is physically closed to
access or if conspicuous signs indicate that it is closed.
The period of time beginning at 1/2 hour after sunset and ending
at 1/2 hour before sunrise.
The time during which a banking organization office is open for the
normal transaction of business with the banking public.
A.
A banking organization shall maintain the following security
measures with respect to each of its automated teller machine facilities:
(1)
A surveillance camera or cameras which shall view and
record persons entering or using an automated teller machine facility located
within the interior of a building or which shall view and record activity
occurring within a minimum of three feet in front of an automated teller machine
located on an exterior wall of a building open to the outdoor air. Such camera
or cameras need not view and record banking transactions made at the automated
teller machine. The recordings made by such cameras shall be preserved by
the banking organization for at least 30 days.
(2)
Entry doors equipped with locking devices which permit
entry to such facility only to persons using a magnetic-strip plastic card,
Smart card or similar device.
(3)
Adequate lighting.
(4)
At least one exterior wall which provides an unobstructed
view of the automated teller machine or machines within the automated teller
machine facility, as allowed under local building codes, where practicable.
(5)
A reflective mirror or mirrors placed in a manner which
permits a person entering the automated teller machine facility to view areas
within such facility which are otherwise concealed from plain view.
(6)
A clearly visible sign which at a minimum, states [Subsections A(6)(b) and (c) only apply to machines installed inside of a building]:
(a)
The activity within the automated teller machine facility
is being recorded by surveillance camera;
(b)
Customers should close the entry door completely upon
entering if the automated teller facility is located within the interior of
a building;
(c)
Customers should not open or hold the entrance door for
any unknown person at any time after regular banking hours when an automated
teller machine facility located within the interior of a building is available
to banking organization customers;
(d)
Customers should place withdrawn cash securely upon their
person before exiting the automated teller machine facility; and
(e)
Complaints concerning security in the automated teller
machine facility should be directed to the banking organization's security
department for nonemergencies or to the local Municipal Police Department.
Where emergency assistance is needed due to criminal activity or medical emergency,
call 911 at the nearest available public telephone.
Any banking organization which operates an automated teller machine
facility shall file a list of such facilities with the local Municipal Police
Department, including the street addresses, intersecting streets, hours of
operation and the telephone number of the banking organization's security
department.
A banking organization found to be in violation of any provision of § 214-3, § 214-4 or § 214-6 of this chapter shall have 10 business days to correct the violation. If not corrected within 10 days, the bank shall be subject to a civil penalty of not more than $250 for the first offense and a fine not more than $500 for a second or subsequent offense. Each violation of any provision of this chapter with respect to a particular automated teller machine facility shall be considered a separate violation thereof.
Upon the original issuance or reissuance of an automated teller machine facility access device permitting access to an automated teller machine facility, the issuing banking organization shall provide its customer with written information concerning safety precautions to be employed while using an automated teller machine facility. Such written information shall include, at a minimum, the information described in Subsection A(6)(a) through (e) of § 214-3 of this chapter. In addition, upon the effective date of this chapter, such written information shall also include a statement indicating that, notwithstanding efforts to restrict access to an automated teller machine facility located within the interior of a building to persons authorized to use such facility, entrance is sometimes obtained by persons who are not authorized to use the automated teller machine facility.
A.
The local law enforcement agencies shall be authorized
to enforce this chapter.
B.
Statistics of crimes associated with the use of automated
teller machines compiled and maintained by the Police Department shall be
made available upon the request of any banking organization and the Office
of Consumer Protection.
Nothing contained in this chapter shall be construed to exempt or relieve
any banking organization from complying with all relevant provisions of any
municipal codes or building code and all other applicable provisions of law.
The provisions of this chapter shall not apply to any unenclosed automated
teller machine located in any building, structure or space whose primary purpose
of function is unrelated to banking activities, including but not limited
to supermarkets, airports and school buildings, provided that such automated
teller machine shall be available for use only during the regular hours of
operation of the building, structure or space in which such machine is located.
[Adopted 12-20-2004 by L.L. No. 2-2005[1]]
[1]
Editor's Note: This local was vetoed by the County Executive,
which veto was overridden by a two-thirds majority of the County Legislature
2-1-2005 by Res. No. 37-2005.
This article shall be known as "The Personal Identity, Social Security
Number and Automated Teller Machine Protection Act."
A.
Identity theft has been recognized as one of the fastest
growing crimes in America. In 2003, approximately $1,000,000,000,000 was transacted
through America's roughly 375,000 ATM machines. Of this $1,000,000,000,000,
approximately $50,000,000 was stolen. The Federal Trade Commission reported
that between 1998 and 2003, 27.3 million Americans became victims of identity
theft. In 2002 alone, businesses lost $48,000,000,000 to identity thieves,
and victimized consumers incurred $5,000,000,000 in out-of-pocket expenses.
Identity theft is often associated with other serious crimes, including mail
fraud, narcotics, organized crime, money laundering, weapons trafficking,
computer crimes and terrorism. Federal agencies, including, but not limited
to, the U.S. Secret Service, the U.S. Postal Inspection Service, the Federal
Trade Commission and the FBI are designated as principal law enforcement agencies
for identity theft. Although legislative research indicates that few U.S.
counties regulate such conduct as of the passage of this legislation, Rockland
County hereby expresses its determination to assist in combating such crimes.
B.
The Rockland County Legislature hereby finds and determines
that privately owned automated teller machines, hereinafter "ATMs," provide
a valuable service to residents, businesses and tourists in Rockland County
by enabling access to their funds without having to travel to their own or
another bank.
C.
However, these private ATMs are currently unregulated
by federal, state or local governments. Complaints have been made that unscrupulous
ATM owners are using the information obtained when residents use their machines
to steal from those conducting transactions.
D.
In addition, although bank ATMs are mandated to provide
certain safety enhancements, such as rearview mirrors or security cameras,
private ATMs are not so required. Furthermore, no license or permit is currently
required for private ATMs, making their owners untraceable and handicapping
law enforcement efforts to locate potential sources of identity or monetary
theft.
E.
Therefore, the Rockland County Legislature has determined
that Rockland County shall undertake to protect its residents and others using
private ATMs from the theft of their identities or their money by enactment
of this article.
As used in this article, the following terms shall have the meanings
indicated:
A person, organization, or company operating a private ATM, but shall
not in any event mean an EFT network. Generally, the operator is the person
who provides the service by which the physical ATM is connected through wired
or wireless services to the banking network in order to conduct the transactions
through the private ATMs, whether to receive cash, make a balance inquiry
or deposit funds, if such is allowed by the ATM itself.
An agreement between a merchant and a private ATM operator or a merchant
and a distributor representing a private ATM operator regarding the operation
of a private ATM at a specified site, including the merchant's place
of business.
As this term is used in the vernacular, including but not limited
to any fund, account or other place where a person can deposit his or her
money so that it is protected by federal banking laws or Security and Exchange
Commission rules.
Includes all of the following:
A private ATM operator's most recent federal income tax return
or, if the private ATM operator has not previously filed tax returns, the
tax returns of its principals, general partners, or majority shareholders.
A private ATM operator's financial statements, including a balance
sheet and income statement.
A person or other entity conducting a transaction at a private ATM.
A person, other than a private ATM operator, who owns, invests in,
or leases a private ATM or enters into a private ATM placement agreement with
a merchant and subsequently contracts with a private ATM operator for operating
the private ATM.
One or more electronic funds transfer networks that are available
to financial institutions that enable the transfer of funds in and out of
a customer's bank account when the customer completes a monetary transaction
at an ATM, including private ATMs.
The Director of the Rockland County Department of Weights and Measures
Office of Consumer Protection or his or her designee(s).
[Amended 8-2-2005 by L.L. No. 10-2005]
A bank, savings association, or credit union or any affiliate or
subsidiary thereof, which is recognized as such by the federal Gramm-Leach
Bliley Act of 1999 (12 U.S.C. § 1811).
The owner or lessee who has possession of the location or premises
at which a private ATM is installed and made available to the merchant's
customers or invitees. A merchant may own or lease a private ATM without being
considered a distributor, provided that the private ATM is intended solely
for placement in that merchant's location or premises.
The act of accessing an account at a financial institution with a
credit card, debit card, or other bank card at a private ATM for the purpose
of making cash withdrawals, balance inquiries, deposits, fund transfers from
or to the account, or engaging in any other transaction.
The process of maintaining or providing the connection of a private
ATM to any EFT network, regardless of who holds legal or equitable title in
and to the private ATM.
A series of numbers that identifies a cardholder and permits use
of the card.
Any machine that is not subject to federal or state banking regulations
used to gain access to a person's money in a bank account.
The agreement between a financial institution and the private ATM
operator that governs the operation of a private ATM within an EFT network.
A.
Any private ATM operator, distributor and merchant operating
a private ATM in Rockland County available for other than private use, and
every private ATM machine in service in Rockland County, shall be registered
with the Rockland County Department of Consumer Protection.
B.
If the private ATM operator or distributor is also registered
with at least one EFT network through a sponsorship agreement with a financial
institution that is a member of the EFT network, such EFT registration information
shall accompany private ATM registration with the Department. Every subsequent
ATM registration by an individual or business shall reference such first registration,
and must contain any and all new information not presented with such prior
registrations.
C.
Each time an ATM machine is moved from its currently
registered location to another location within Rockland County, it must be
re-registered, at a reduced fee, as provided herein.
D.
All registrations for private ATMs recorded under this
article must contain such information as required by the Director of Consumer
Protection to effectuate the intent of this article.
E.
With respect to any private ATM placed into use prior
to the effective date of this article, the ATM operator, or the distributor,
and the merchant shall, between themselves, decide which one of them will
do the following by that date:
F.
Registration fees.
(1)
The initial registration of any private ATM operator
or distributor operating a private ATM in Rockland County must be accompanied
by a one-time fee in the sum of $55. Such fee entitles the registered party
to place one ATM in Rockland County.
(2)
Each additional machine placed in Rockland County by
a registered party shall be subject to a fee of $25.
(3)
A machine that is already registered and operating in
Rockland County may be moved to another location, provided that the registered
party updated the registration and pays a fee in the sum of $10 per private
ATM per location.
G.
Notwithstanding any other provision of this article, while any party to the placement of the private ATM may file and pay the appropriate registration forms and fees, and while any party may be subject to the penalties contained in § 214-21 of this article, the merchant shall be responsible for the failure to file registration and pay the appropriate fees required by this article. This section shall not be used by operators or distributors to seek indemnification from the merchant for the fees or penalties.
All private ATM operators, distributors and merchants in Rockland County
must provide or do all of the following:
A.
All merchants, operators and distributors must keep and
file such records as required by the Director of Consumer Protection to effectuate
the intent of this article.
B.
Comply with all EFT network operating rules and all local,
state, and federal regulations governing the operations of its private ATMs.
C.
Maintain comprehensive and verifiable inventory procedures
and establish controls that identify the location of all of the private ATMs
that they operate or have distributed or possesses, that are available for
use by the public in Rockland County.
D.
Operate or distribute private ATMs physically within
Rockland County pursuant to a written agreement with merchants who are legally
authorized to conduct business in New York State and Rockland County, and
file a copy of said agreements, and any modifications to said agreements,
with the Rockland County Office of Consumer Protection.
E.
Post in a conspicuous place on the front of each private
ATM a notice in at least twenty-four-point type setting forth:
(1)
The name of the merchant and the private ATM operator
or distributor;
(2)
The telephone number to the Rockland County Office of
Consumer Protection;
(3)
A telephone number of the private ATM operator or distributor;
(4)
The Federal Trade Commission's identity theft telephone
hotline phone number, currently 1-877-id-theft;
(5)
The fee charged to use the private ATM and the maximum
amount that can be withdrawn in any single transaction; and
(6)
The following statement: "Protect your identity: safeguard
your card and PIN number, and take your receipt."
A distributor must provide the private ATM operator with all of the
following before it accepts any private ATM placement agreement:
The following safety rules apply to all private ATMs:
Nothing in this article shall be interpreted or construed to modify,
amend, suspend, supersede, or cancel any EFT network rule or regulation.
The following entities are exempt from the requirement of this article
unless they are acting in the private ATM arena:
A.
Any financial institution regulated by the federal or
state government.
C.
A person providing ATM services to a financial institution
regulated by the Federal Reserve Board, the Federal Deposit Insurance Corporation,
the Comptroller of the Currency, the U.S. Office of Thrift Supervision, the
National Credit Union Administration, or the State of New York or any of its
departments where the state requires the information required by this article.
This article has no impact on or intent to affect bank accounts, federal
and state banking procedures or banking regulations, as such is not within
the jurisdiction of the County of Rockland.
The requirements of this article may not be waived.
[Amended 8-2-2005 by L.L. No. 10-2005]
Any private ATM operator, distributor or merchant that knowingly or
otherwise operates a private atm without complying with all the requirements
of this article and/or provides false or misleading information in connection
with placing private ATMs into service to the public shall be subject to a
civil penalty of up to $500 for the first such act of noncompliance or of
providing false or misleading information, and a civil penalty of up to $1,000
for every subsequent such act, to be assessed and collected by any enforcing
agent. For the purpose of this section, every day that any private ATM operator,
distributor or merchant knowingly or otherwise operates a private ATM without
complying with all the requirements of this article shall constitute a separate
act of noncompliance.
A County department, a contract agency of the County, and Rockland Community
College, when utilizing funds from the County, shall be prohibited from using
federal social security numbers as a means of identification or record-keeping
unless the use of a social security number is mandated or otherwise required
by federal or state law. This does not prevent such departments, Rockland
Community College, or contract agencies from utilizing the "last four digits"
of such social security number alone or in conjunction with numerical, alphabetical
or other symbols for said purposes.
Any enforcing agent learning of potential identity theft shall report
any involved individuals and other involved entities to the Federal Trade
Commission or other appropriate federal and state authorities, and provide
guidance to victims, whether the theft resulted from an ATM machine or some
other source.
The Commissioner of Finance shall distribute all funds received under
this article, whether by registration or civil penalty, to the Rockland County
Office of Consumer Protection until its enforcement costs under this article
are fully reimbursed. Any excess funds generated by this article, after all
such enforcement expenses to the Office of Consumer Protection are reimbursed,
shall be remitted to the Computer Crime Unit for the purpose of funding a
public awareness and education effort specifically designed to prevent identity
theft.
The Computer Crime Unit, under the supervision of the District Attorney
and the Sheriff of Rockland County, shall aspire to collaborate with local
law enforcement entities within the County to report incidences of identity
theft to the Federal Trade Commission.
Nothing in this article shall be deemed to create liability to Rockland
County for identity theft or other crimes associated with the use of ATMs.
This article shall apply to any private ATM placement in Rockland County
before, on or after the effective date of this article.
