[Adopted 6-21-2011 by L.L. No. 30-2011]
A.
This Legislature hereby finds and determines that winter weather
often creates dangerous driving conditions on local roads and highways.
This Legislature also finds and determines that these conditions are
exacerbated when motorists fail to remove snow and ice which has accumulated
on their vehicles. This Legislature determines that freezing precipitation
can add 10 pounds to 20 pounds per foot to the weight of a vehicle,
which becomes increasingly significant and dangerous on large vehicles.
This Legislature further finds and determines that large pieces of
snow or ice dislodged from moving vehicles creates a serious public
safety hazard for nearby pedestrians and vehicles. This Legislature
finds that, in the interest of maintaining public safety, accumulated
snow and ice from should be cleaned from commercial vehicles prior
to their operation on roadways.
B.
Therefore, the purpose of this article is to require that snow and
ice accumulations on commercial motor vehicles in Suffolk County be
removed from prior to driving.
Any registered owner of a commercial motor vehicle shall be
responsible for and have an affirmative duty to make all reasonable
efforts to remove as much snow and ice accumulation as possible from
his/her vehicle prior to its operation on a street or highway in Suffolk
County. This shall include removal of accumulation from the hood,
windows, roof and trunk of the vehicle.
A.
These requirements shall not apply to any motor vehicle that is operated
during a snow or ice storm which began and continued for the duration
of the motor vehicle's operation or to any motor vehicle while it
is parked.
B.
These requirements shall not apply to school buses, transit buses
or paratransit buses.
A.
Failure to remove snow or ice accumulation from a commercial motor
vehicle prior to operation shall constitute a violation and the owner
of such vehicle shall be subject to a fine not to exceed $150.
B.
When a commercial motor vehicle is in violation of this article and
snow or ice is dislodged from the vehicle, resulting in personal injury
or property damage to another, the owner of the commercial motor vehicle
shall be guilty of a violation and subject to a fine no less than
$500 or greater than $1,500 per offense.
C.
Any penalties assessed under this article shall be paid by the owner
of the commercial vehicle, and said owner shall be prohibited from
requiring the vehicle operator to pay such penalties or any additional
fines in association with the violation of this article.
D.
All penalties collected pursuant to this article shall go the County
of Suffolk and be deposited into the general fund.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Suffolk.
The County Legislature may determine via mere resolution whether or
not identical or substantially similar statewide legislation or pertinent
preempting state or federal regulations have been enacted for the
purpose of triggering the provisions of this section.
This article shall take effect on the 60th day immediately following
its filing in the office of the Secretary of State.
