[Adopted 5-11-2010 by L.L. No. 24-2010 (Ch. 270, Art. V,
of the 1985 Code)]
A.Â
This Legislature
hereby finds and determines that steps are being taken at all levels
of government aimed at drug abuse education, prevention, and recovery,
such as Suffolk County’s recent purchase of 16,000 drug testing
kits given away to parents at no cost in order to test their children
for drug use.
B.Â
This Legislature
also finds that it is in the best interest of the health, safety,
and well-being of the residents of Suffolk County to continue to enhance
measures aimed at combating the widespread drug epidemic facing our
communities.
C.Â
This Legislature
further finds and determines that residents in Suffolk County communities
have a shared responsibility to make our communities a safer and healthier
place to raise our families.
D.Â
This Legislature
further finds and determines that owners, lessees, and operators should
not turn their backs on the risks associated with the use of vehicles
by persons who may be engaged in the use or transport of controlled
substances.
E.Â
This Legislature
also finds that owners, lessees, and operators of vehicles should
exercise control and good judgment to prevent the use of their vehicles
for the sale, purchase, use, and/or transport of unlawfully possessed
controlled substances.
F.Â
Therefore,
the purpose of this article is to assess significant civil penalties
upon those who use or knowingly or recklessly allow the use of their
vehicles in connection with the sale, purchase, use, or transport
of unlawfully held controlled substances so that a portion of the
mounting cost of drug education and prevention programs may be borne
by those who contribute to the growing drug epidemic facing Suffolk
County.
As used in this article, the following terms shall have the
meanings indicated:
Any substance listed in Schedule I, II, III, IV or V of New
York Public Health Law § 3306 where such substance is unlawfully
possessed.
The Suffolk County Department of Law.
The same meaning as used in § 128 of the New York
Vehicle and Traffic Law.
To buy, sell, exchange, give, dispose of, or acquire from
another, or to offer or agree to do the same.
To convey from one place to another.
In violation of Article 33 of the New York Public Health
Law.
Mixing, compounding, preparing, possessing, or consuming
any controlled substance.
The same meaning as used in § 159 of the New York
Vehicle and Traffic Law.
The owner, lessee, or driver of any vehicle that is used in
connection with the sale, purchase, use, and/or transport of controlled
substances shall be liable to the County of Suffolk for a civil penalty
in the amount of $2,500.
A.Â
The Department, on behalf of Suffolk County, may commence a civil action for the assessment of a penalty as set forth in § 420-13 against the owner, lessee, and/or driver of any vehicle that is used in connection with the sale, purchase, use, and/or transport of a controlled substance. Such civil action may be commenced no later than three years subsequent to the date of such use of a vehicle. Suffolk County must establish by clear and convincing evidence that the owner, lessee, or driver of a vehicle knew or had reason to believe that such vehicle would be used in connection with the sale, purchase, use, and/or transport of controlled substances.
B.Â
It shall be a defense to liability if the owner, lessee, and/or driver
shows, by a preponderance of the evidence, that such owner, lessee,
and/or driver neither knew nor had reason to believe that the vehicle
was to be used in connection with the sale, purchase, use, and/or
transport of a controlled substance.
C.Â
Any civil penalty assessed against the owner, lessee, and/or driver
pursuant to this article shall be civil, remedial and in personam
in nature, and shall not be deemed to be a criminal penalty or criminal
forfeiture for any purpose.
D.Â
The provisions of this section shall be in addition to any other
penalties set forth by law.
This article shall apply to all offenses occurring on or after
the effective date of this article.
