[HISTORY: Adopted by the Suffolk County Legislature 11-19-2002 by L.L. No.
25-2002 (Ch. 486 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.
This Legislature hereby finds and determines that there have been
revelations of recent incidents of spying on and recording with a
video camera persons in public bathrooms and dressing rooms.
B.
This Legislature further finds that these revelations have caused
the public much concern regarding an invasion of privacy.
C.
Therefore, the purpose of this chapter is to enforce the prohibition
on the use of video cameras in bathrooms and dressing rooms in places
frequented by the public, such as stores and restaurants.
As used in this chapter, the following terms shall have the
meanings indicated:
A mirror, peep hole, mechanical viewing device, camera, or
any other instrument or method that can be utilized to surreptitiously
observe a person.
Any camera or mechanical object that will record and make
videotapes.
A.
Pursuant to § 395-b(2-a) of the New York General Business
Law, a person is guilty of unlawfully installing or maintaining a
video recording device when, being the owner or manager of any premises,
he or she knowingly permits or allows such a device to be installed
or maintained in or upon such premises, for the purpose of surreptitiously
recording a visual image of the interior of any fitting room, rest
room, toilet, bathroom, washroom, shower, or any other room assigned
to guests or patrons in a motel, hotel, or inn.
B.
Pursuant to § 395-b(2) of the New York General Business
Law, a person is guilty of unlawfully installing or maintaining a
two-way mirror or other viewing device when, being the owner or manager
of any premises, he or she knowingly permits or allows such a device
to be installed or maintained in or upon such premises, for the purpose
of surreptitiously observing the interior of any fitting room, rest
room, toilet, bathroom, washroom, shower, or any room assigned to
guests or patrons in a motel, hotel, or inn.
A.
This chapter shall apply to any actions occurring on or after the
effective date of this chapter.
B.
This chapter shall not apply to:
(1)
Public correctional or custodial facilities, or public or private
medical facilities which are used for the treatment of persons pursuant
to medical directive; or
(2)
Public or private treatment facilities which are used for the treatment
of persons who are committed or are voluntarily confined to such facility
or are voluntarily receiving treatment thereat; or
(3)
Facilities operated by any federal, state, or local law enforcement
agency; or
(4)
Private dwellings.
