[Adopted 12-2-2008 by L.L. No. 53-2008 (Ch. 372, Art. V, of the 1985 Code)]
This Legislature hereby finds and determines that for most of the 20th Century the United States was the world's largest producer of petroleum, producing enough oil to meet domestic needs and provide a surplus for export.
This Legislature hereby finds and determines that United States oil production peaked in the early 1970s and has declined ever since, while our oil consumption has continued to climb steeply. As of 2001, imported oil accounted for 55% of United States consumption, while projections indicate that as of 2020, imported oil will account for 70% of United States consumption.
This Legislature also finds and determines that remaining oil reserves are concentrated in a few giant reservoirs, over 80% of which are found in developing countries. In fact, nearly 2/3 of remaining oil reserves are located in six Persian Gulf nations: Saudi Arabia, Iraq, the United Arab Emirates, Kuwait, Iran and Qatar.
This Legislature also finds and determines that a member of Long Island's congressional delegation has named schools and local government as the ideal starting point for the transformation of America from a country dependent on its enemies for fuel, to a country that can regain its position as a world leader by reclaiming its economy, maintaining a self-sustaining military and restoring its environment.
This Legislature also finds and determines that because the need for energy independence is a matter of national security, local governments must take all steps necessary to contribute to a nationwide effort to break our oil addiction.
This Legislature finds and determines that the use of low-emission and energy-efficient vehicles contributes to the effort to break the grip of oil addiction, while vastly reducing greenhouse gases.
This Legislature also finds and determines that New York State has instituted the "Clean Pass" Program to allow eligible low-emission, energy-efficient vehicles to use the forty-mile Long Island Expressway high-occupancy vehicle (LIE/HOV) lanes in an effort to reduce greenhouse gas emissions by 6,000 tons and save more than 500,000 gallons of gasoline a year.
This Legislature further finds that Suffolk County government may contribute to national energy security by offering residents incentives to make smart energy decisions, such as offering priority parking to "Clean Pass" qualified vehicles.
This Legislature determines that Suffolk County can and should adapt this environmentally and security conscious, forward-looking policy to County-owned and -operated facilities.
Therefore, the purpose of this article is to set aside parking spaces at all County facilities for "Clean Pass" certified vehicles.
As used in this article, the following terms shall have the meanings indicated:
- CLEAN PASS VEHICLE
- Any vehicle that displays a Clean Pass vehicle sticker issued by the New York State Department of Motor Vehicles certifying that the vehicle is certified to the California super ultra-low-emission vehicle (SULEV) standard and achieves a US EPA highway fuel economy rating of 45 miles per gallon or more; or a pre-model-year 2005 hybrid vehicle which is certified to the California ultra-low-emission vehicle (ULEV) standard and achieves a US EPA highway fuel economy rating of 45 miles per gallon or more.
- The Commissioner of the Suffolk County Department of Public Works.
- COUNTY FACILITY
- Any building or facility owned by the County of Suffolk or under the jurisdiction of the County of Suffolk, including buildings and facilities owned by the County or leased by the County and otherwise under the control of the County of Suffolk.
- PARKS COMMISSIONER
- The Commissioner of the Suffolk County Department of Parks,
Recreation and Conservation.[Added 4-28-2009 by L.L. No. 13-2009]
[Amended 4-28-2009 by L.L. No. 13-2009]
Notwithstanding any provision of law to the contrary, the Commissioner is hereby authorized, empowered and directed to designate a minimum of 2% of parking spaces at all County facilities, except County facilities under the jurisdiction of the Parks Commissioner, for the exclusive use of parking by the owners/operators of Clean Pass vehicles.
Notwithstanding any provision of law to the contrary, the Parks Commissioner is hereby authorized, empowered and directed to designate a minimum of 2% of parking spaces at all County facilities under his jurisdiction for the exclusive use of parking by the owners/operators of Clean Pass vehicles.
Such designated spaces shall be clearly marked for use by owners/operators of Clean Pass vehicles. The Commissioner and Parks Commissioner shall cause such appropriate signs to be erected and pavement markings to be made to clearly mark these parking spaces and allow for the enforcement of this article.
To the extent practicable, spaces designated for parking by owners/operators of Clean Pass vehicles shall be located in the immediate vicinity of an entrance to each County facility. In no event, however, shall "Clean Pass" parking spaces be located closer to a facility entrance than those spaces designated for use by the handicapped.
Spaces designated for Clean Pass vehicles may be used by vehicles with handicapped permits when all designated handicapped parking spaces are occupied.
[Added 6-22-2010 by L.L. No. 38-2010]
If the Commissioner or Parks Commissioner determines it is impossible or impracticable to designate 2% of parking spaces for Clean Pass vehicles at a specific County facility, he or she shall so advise the County Executive and each member of the County Legislature, in writing, and enumerate the reasons why Clean Pass spaces cannot be designated at a County facility. The County Legislature may override such determination by a duly enacted resolution.
[Amended 6-22-2010 by L.L. No. 38-2010]
Except for vehicles that are parked in accordance with § 639-30E, any non-Clean-Pass vehicle that is parked in a parking space reserved for Clean Pass vehicles shall be deemed to be in violation of this article, and the owner of such vehicle shall be responsible for the penalty imposed hereunder.
[Amended 4-28-2009 by L.L. No. 13-2009]
The provisions of this article shall be enforced by the Suffolk County Police Department, the Suffolk County Sheriff, and the Suffolk County Park Police.
Any person violating the provisions of this article shall be guilty of an offense and be punishable by a fine not to exceed $100.
This article shall apply to actions occurring on or after the effective date of this article.
This article shall take effect on the 120th day immediately subsequent to filing in the Office of the Secretary of State.