[Added 10-20-2014 by Ord.
No. 45.92.14]
A.
Notwithstanding
any other provision of law, the Parking Violations Bureau is hereby
authorized and empowered to establish a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with traffic control indications in accordance with
the provisions of this section. The Police Department and the Division
of Traffic Engineering, for purposes of implementation of such program,
shall be authorized to install and operate traffic control signal
photo violation-monitoring devices at no more than 20 intersections
at any one time.
B.
Such
demonstration program shall utilize necessary technologies to ensure,
to the extent practicable, that photographs produced by such traffic
control signal photo violation-monitoring systems shall not include
images that identify the driver, the passengers or the contents of
the vehicle; provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a vehicle,
provided that the City of Albany has made a reasonable effort to comply
with the provisions of this subsection.
C.
The owner
of a vehicle shall be liable for a penalty imposed pursuant to this
section if such vehicle was used or operated with the permission of
the owner, express or implied, in violation of Subdivision (d) of
§ 1111 of the New York State Vehicle and Traffic Law (hereinafter
Vehicle and Traffic Law) and such violation is evidenced by information
obtained from a traffic control signal photo violation-monitoring
system; provided, however, that no owner of a vehicle shall be liable
for a penalty imposed pursuant to this section where the operator
of such vehicle has been convicted of the underlying violation of
Subdivision (d) of § 1111 of the Vehicle and Traffic Law.
D.
Notwithstanding
any other provision of this section, no owner of a vehicle shall be
subject to a monetary fine imposed pursuant to this section if the
operator of such vehicle was operating such vehicle without the consent
of the owner at the time such operator failed to obey a traffic control
indication. For purposes of this subsection, there shall be a presumption
that the operator of such vehicle was operating such vehicle with
the consent of the owner at the time such operator failed to obey
a traffic control indication.
E.
For purposes
of this section, "owner" shall mean any person, corporation, partnership,
firm, agency, association, lessor or organization who at the time
of the issuance of a notice of violation in which a vehicle is operated:
(1)
Is
the beneficial or equitable owner of such vehicle; or
(2)
Has
title to such vehicle; or
(3)
Is
the registrant or co-registrant of such vehicle which is registered
with the Department of Motor Vehicles of the State of New York or
any other state, territory, district, province, nation or other jurisdiction;
or
(4)
Uses
such vehicle in its vehicle-renting and/or -leasing business; or
(5)
Is
an owner of such vehicle as defined by § 128 or Subdivision
(a) of § 2101 of the Vehicle and Traffic Law.
F.
For purposes
of this section, "traffic control signal photo violation-monitoring
system" shall mean a device installed to work in conjunction with
a traffic control signal which, during operation, 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 Subdivision (d) of § 1111 of the
Vehicle and Traffic Law.
G.
A certificate,
sworn to or affirmed by a technician employed, hired or contracted
by the Albany Police Department, or a facsimile thereof, based upon
inspection of photographs, microphotographs, videotape or other recorded
images produced by a traffic control signal photo violation-monitoring
system, shall be prima facie evidence of the facts contained therein.
Where the technician is not a police officer, the certification shall
also be sworn to or affirmed by a police officer of the Albany Police
Department. Any photographs, microphotographs, videotape or other
recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
violation imposed pursuant to this section.
H.
An owner
liable for a violation of Subdivision (d) of § 1111 of the
Vehicle and Traffic Law pursuant to this section shall be liable for
a penalty of $50. The Parking Violations Bureau may provide for an
additional penalty not in excess of $25 for each violation for the
failure to respond to a notice of liability within the prescribed
time period. The Parking Violations Bureau shall adjudicate liability
imposed by this section.
I.
An imposition
of liability under this section shall not be deemed a conviction as
an operator 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 motor vehicle insurance
coverage.
J.
A notice
of liability shall be sent by first-class mail to each person alleged
to be liable as an owner for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section. Personal
service on the owner shall not be required. A manual or automatic
record of mailing prepared in the ordinary course of business shall
be prima facie evidence of the facts contained therein.
K.
A notice
of liability shall contain the name and address of the person alleged
to be liable as an owner for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section, the registration
number of the vehicle involved in such violation, the location where
such violation took place, the date and time of such violation and
the identification number of the camera which recorded the violation
or other document locator number.
L.
The notice
of liability shall contain information advising the person charged
of the manner and the time in which he or she may contest the liability
alleged in the notice. Such notice of liability shall also contain
a warning to advise the persons charged that 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.
M.
The notice
of liability shall be prepared and mailed by the Parking Violations
Bureau or its designee.
N.
If an
owner receives a notice of liability pursuant to this section for
any time period during which the vehicle was reported to the Police
Department as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section that the vehicle
had been reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. For purposes of
asserting the defense provided by this subsection, it shall be sufficient
that a certified copy of the police report on the stolen vehicle be
sent by first-class mail, return receipt requested, to the Parking
Violations Bureau.
O.
If the
owner liable for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section was not the
operator of the vehicle at the time of the violation, the owner may
maintain an action for indemnification against the operator.
P.
An appeal of an adjudication of liability pursuant to this section may be taken in accordance with Chapter 90 of this Code.
Q.
An owner
who is a lessor of a vehicle to which a notice of liability was issued
pursuant to Subdivision H of this section shall not be liable for
the violation of Subdivision (d) of § 1111 of the Vehicle
and Traffic Law, provided that:
(1)
Prior
to the violation, the lessor has filed with the Parking Violations
Bureau and paid the required filing fee in accordance with the provisions
of § 239 of the Vehicle and Traffic Law; and
(2)
Within
37 days after receiving notice from the Parking Violations Bureau
of the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits
to the Bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental
lease or other contract document, as may be reasonably required by
the Bureau pursuant to regulations that may be promulgated for such
purpose.
(4)
Where the lessor complies with the provisions of this subsection, the lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for purposes of this section, shall be subject to liability for such violation pursuant to this section and shall be sent a notice of liability pursuant to Subsection H of this section.
R.
Nothing
in this section shall be construed to limit the liability of an operator
of a vehicle for any violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law.
S.
On or before April 1, 2015, and every four months thereafter, until such time as the demonstration program authorized in Subsection A hereof shall be fully operational, the Chief of Police or his or her designee shall submit a written report to the Common Council on the status of said demonstration program. Such report shall include, but not be limited to, the locations selected for inclusion in the demonstration program and the cost to the City, both individually and collectively, of each location included in such demonstration project. Required reports shall be posted on the City of Albany website.
T.
The Chief
of Police or his or her designee shall submit to the Governor, the
temporary President of the Senate, the Speaker of the Assembly and
the Common Council, an annual report on the results of the use of
a traffic control signal photo violation-monitoring system on or before
June 1, 2015, and on the same date in each succeeding year, in which
the demonstration program is operable. Such report shall include,
but not be limited to:
(1)
A
description of the locations where traffic control signal photo violation-monitoring
systems were used;
(2)
The
aggregate number, type and severity of accidents reported at intersections
where a traffic control signal photo violation-monitoring system is
used for the year preceding the installation of such system, to the
extent the information is maintained by the New York State Department
of Motor Vehicles;
(3)
The
aggregate number, type and severity of accidents reported at intersections
where a traffic control signal photo violation-monitoring system is
used, to the extent the information is maintained by the New York
State Department of Motor Vehicles;
(4)
The
number of violations recorded at each intersection where a traffic
control signal photo violation-monitoring system is used and in the
aggregate on a daily, weekly and monthly basis;
(5)
The
total number of notices of liability issued for violations recorded
by such systems;
(6)
The
number of fines and total amount of fines paid after first notice
of liability issued for violations recorded by such systems;
(7)
The
number of violations adjudicated and results of such adjudications,
including breakdowns of dispositions made for violations recorded
by such systems;
(8)
The
total amount of revenue realized by the City from such adjudications;
(9)
Expenses
incurred by the City in connection with the program; and
(10)
Quality of the adjudication process and its results.
U.
It shall
be a defense to any prosecution for a violation of Subdivision (d)
of § 1111 of the Vehicle and Traffic Law pursuant to this
section that such traffic control indications were malfunctioning
at the time of the alleged violation.
V.
All funds in excess of the budgeted revenue from the system within a fiscal year, as reported in § 359-138T(8) above, received by the City in its General Fund shall be transferred to a Traffic Safety Fund. Expenditures from the Traffic Safety Fund shall be made only for programs, equipment, supplies and studies related to traffic safety, traffic law enforcement and traffic accident prevention; traffic control devices and the maintenance thereof; and the maintenance, improvement or construction of safety-related infrastructure on public streets.
