As used in this article, the following terms shall have the
meanings indicated:
SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM
A device that is capable of operating independently of an
enforcement officer which is installed to work in conjunction with
a school bus stop-arm and which automatically produces two or more
photographs, two or more microphotographs, a videotape, or other recorded
images of a vehicle at the time it is used or operated in violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law.
An owner liable for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this article shall
be liable for monetary penalties in accordance with the following
schedule of fines and penalties:
A. $250 for a first violation;
B. $275 for a second violation committed within 18 months of the first
violation;
C. $300 for a third violation or subsequent violation, all of which
were committed within 18 months from the first violation; and
D. An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time period.
E. 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 motor vehicle insurance
coverage.
F. All fines and penalties collected pursuant to this article shall
be deposited with the Village of Kiryas Joel Finance Department.
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by the court of competent jurisdiction
in the Village of Kiryas Joel or in another manner pursuant to the
New York State Vehicle and Traffic Law.
If the owner held liable for a violation of Subdivision (a)
of § 1174 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.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.