[Adopted 6-9-2009 by L.L. No. 20-2009 (Ch. 467, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that, beginning in 2001,
the County of Suffolk sought authorization from the State of New York
to install red light cameras at various intersections in Suffolk County.
The County sought this authority in order to reduce the incidence
of red-light running and thereby enhance public safety.
B.
This Legislature further finds that, in anticipation of state authorization,
the County of Suffolk enacted Local Law No. 18-2001, which established
a red light camera program consistent with then-pending state legislation.
C.
This Legislature also finds that, despite the County's repeated efforts,
the New York State Legislature did not authorize red light cameras
in Suffolk County until April 2009.
D.
This Legislature further finds that the County's existing red light
camera law is not entirely consistent with the recently enacted state
legislation.
E.
Therefore, the purpose of this article is to implement a red light
camera demonstration program in Suffolk County that is consistent
with the authorizing state legislation.
As used in this article, the following terms shall have the
meanings indicated:
As defined in Article 2-B of the New York Vehicle and Traffic
Law.
A vehicle sensor installed to work in conjunction with a
traffic control signal which automatically produces two or more photographs,
two or more microphotographs, a videotape or other recorded images
of each vehicle at the time it is used or operated in violation of
§ 1111(d) of the New York Vehicle and Traffic Law.
As defined in § 125 of the New York Vehicle and
Traffic Law.
A.
There is hereby established in the County of Suffolk a demonstration
program which imposes liability on the owner of a vehicle for failure
of an operator thereof to comply with traffic control indications.
B.
Under this demonstration program, traffic control signal photo violation-monitoring
systems shall be installed and operated at no more than 100 intersections
within and under the County's jurisdiction at any one time.
[Amended 6-5-2012 by L.L. No. 40-2012]
C.
To the extent practicable, such demonstration program shall use necessary
technologies to produce photographs that do not include images that
identify the driver, passengers or contents of vehicles. However,
no notice of liability issued pursuant to this article shall be dismissed
solely because a photograph or photographs allowed for the identification
of the contents of a vehicle.
The owner of a vehicle shall be liable for a penalty imposed
pursuant to this article if such vehicle is used or operated with
the permission of the owner, express or implied, in violation of § 1111(d)
of the New York Vehicle and Traffic Law, and such violation is evidenced
by information obtained from a traffic control signal photo violation-monitoring
system. However, no owner of a vehicle shall be liable for a penalty
under this article if the operator of the vehicle has been convicted
of the underlying violation of § 1111(d) of the New York
Vehicle and Traffic Law.
A.
An owner liable for a violation of § 1111(d) of the New York Vehicle and Traffic Law, in accordance with § 818-49 of this article, shall be liable for a monetary penalty of $50 for each violation. An owner shall be liable for an additional penalty of $25 for each violation for the failure to respond to a notice of liability within the time prescribed in the notice of violation.
B.
An imposition of liability under this article shall not be deemed
a conviction and shall not be made part of the operating record of
the person upon whom such liability is imposed nor shall it be used
for insurance purposes in the provision of the motor vehicle insurance
coverage.
C.
All fines and penalties collected pursuant to this article shall
be deposited with the Suffolk County Comptroller.
[Amended 6-17-2014 by L.L. No. 32-2014]
A.
A notice of liability shall be sent by first class mail to each person
alleged to be liable as an owner of a vehicle for a violation of § 1111(d)
of the New York Vehicle and Traffic Law.
B.
A notice of liability shall contain the name and address of the person
alleged to be liable for the violation as an owner, the registration
number of the vehicle involved in such violation, the location where
the violation occurred, the date and time of such violation and the
identification number of the traffic control signal photo violation-monitoring
system or other document locator number. Further, the notice of liability
shall advise the person charged of the manner and the time in which
he or she may contest the liability alleged in the notice and that
a failure to contest in the manner and time provided shall be deemed
an admission of liability and that a default judgment may be entered
thereon.
C.
The notice of liability shall be prepared and mailed by the County
of Suffolk or by any other entity authorized to do so by the County.
Adjudication of the liability imposed upon owners by this article
shall be by the court(s) having jurisdiction over traffic infractions.
A certificate, sworn to or affirmed by a technician employed
by Suffolk County, or facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or any other recorded images
used by a traffic control signal photo violation-monitoring system,
shall be prima facie evidence of the facts contained therein. Any
photographs, microphotographs, videotape or any recorded images evidencing
such a violation shall be available for inspection in any proceeding
to adjudicate the liability of such violation.
A.
An owner shall have a valid defense to an allegation of liability
under this article if the vehicle in question had been reported to
a police department or agency as stolen prior to the time the violation
occurred, and had not been recovered by the time the violation occurred.
For the purposes of asserting this defense, it shall be sufficient
that a certified copy of the police report on the stolen vehicle be
sent by first class mail to the court having jurisdiction.
B.
An owner who is a lessor of a vehicle to which a notice of liability
is issued shall not be liable for the violation, provided that he
or she sends to the court having jurisdiction a copy of the rental,
lease or other such contract covering such vehicle on the day of the
violation, with the name and address of the lessee clearly legible,
within 37 days after receiving notice of such violation. Failure to
send such information within the thirty-seven-day time period shall
render the owner liable for the penalty prescribed in this article.
When the lessor complies with the provisions of this subsection, the
lessee of such vehicle on the date of the violation shall be deemed
to be the owner of such vehicle for the purposes of this article and
shall be subject to liability for the violation of § 1111(d)
of the New York State Vehicle and Traffic Law and shall be sent a
notice of liability.
C.
No owner of a vehicle shall be subject to a monetary fine under this
article, if the operator of such vehicle was operating the vehicle
without the consent of the owner at the time of the violation. However,
there shall be a presumption that the operator of such vehicle was
operating the vehicle with the consent of the owner at the time the
violation occurred.
D.
It shall be a defense to an allegation of liability under this article
that the traffic control indications were malfunctioning at the time
of the alleged violation.
If the owner of a vehicle liable for a violation of § 1111(d)
of the New York Vehicle and Traffic Law pursuant to this article was
not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
The County Executive is hereby authorized and empowered to designate
the appropriate department or agency to prepare and submit an annual
report of the results of the use of the traffic control signal photo
violation-monitoring system to the Governor, the temporary President
of the New York State Senate and the Speaker of the Assembly.
This article shall apply to actions occurring on or after the
effective date of this article.
[Amended 10-7-2014 by L.L. No. 29-2014; 9-4-2019 by L.L. No. 32-2019]
This article shall expire on December 1, 2024, unless it is
extended by the enactment of another local law pursuant to state authorization.
