[Adopted 12-2-2008 by L.L. No. 53-2008 (Ch. 372, Art. V,
of the 1985 Code)]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
This Legislature determines that Suffolk County can and should adapt
this environmentally and security conscious, forward-looking policy
to County-owned and -operated facilities.
J.
This Legislature further determines that motorcycles are also fuel-efficient
vehicles.
[Added 4-4-2023 by L.L. No. 15-2023]
K.
Therefore, the purpose of this article is to set aside parking spaces
at all County facilities for "Clean Pass" certified vehicles and motorcycles.
[Amended 4-4-2023 by L.L. No. 15-2023]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
A motor vehicle with motor power, having a seat or a saddle
for the rider's use and designed to travel on not more than three
wheels in contact with the ground.
[Added 4-4-2023 by L.L. No. 15-2023]
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; 6-22-2010 by L.L. No.
38-2010; 4-4-2023 by L.L. No. 15-2023]
A.
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 and
motorcycles.
B.
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 and motorcycles.
C.
Such designated spaces shall be clearly marked for use by owners/operators
of either a Clean Pass vehicle or no more than two motorcycles. 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. Notwithstanding
the foregoing, nothing contained herein shall require pavement markings
delineating the area in the space for each allowed motorcycle.
D.
To the extent practicable, spaces designated for parking by owners/operators
of Clean Pass vehicles or motorcycles shall be located in the immediate
vicinity of an entrance to each County facility. In no event, however,
shall Clean Pass or motorcycle parking spaces be located closer to
a facility entrance than those spaces designated for use by the handicapped.
E.
Spaces designated for Clean Pass vehicles or motorcycles may be used
by vehicles with handicapped permits when all designated handicapped
parking spaces are occupied.
F.
If the Commissioner or Parks Commissioner determines it is impossible
or impracticable to designate 2% of parking spaces for Clean Pass
vehicles or motorcycles 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/motorcycle 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; 4-4-2023 by L.L. No. 15-2023]
Except for vehicles that are parked in accordance with § 639-30E, any non-Clean-Pass vehicle, that is not a motorcycle, that is parked in a parking space reserved for Clean Pass vehicles or for motorcycles 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.