[Adopted 12-21-1999 by L.L. No. 1-2000]
A.Â
This Legislature
hereby finds and determines that there has been an increase in the
number of bias-related incidents of violence committed in Suffolk
County based upon the race, color, gender, religion, national origin,
age, ancestry, sexual orientation, disability, handicap or health-related
condition of another individual or group of individuals.
B.Â
This Legislature
further finds that these bias-related incidences of violence are the
cause of much property damage vandalism committed in the community.
C.Â
This Legislature
also determines that there should be an additional deterrent to this
outrageous behavior at the local level.
D.Â
This Legislature
further finds and determines that there is a compelling interest in
eradicating bias crime due to its impact on the victim, the community
and society in general.
E.Â
Therefore,
the purpose of this article is to impose local civil penalties for
bias-related activities in Suffolk County in order to protect the
public health and safety by eliminating the epidemic of hate violence
and protecting citizens from the violence it precipitates and its
tragic effects on society.
As used in this article, the following terms shall have the
meanings indicated:
The Suffolk County Human Rights Commission.
To place on any public or private property any symbol, object,
characterization, appellation or graffiti, including but not limited
to a burning cross, Nazi swastika, profanity or obscenity.
Property is that "of another" if any person, other than the
actor, has a possessory or proprietary interest therein.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business organization of any kind.
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
A.Â
No person shall, by reason of any motive or intent relating to, or
any antipathy, animosity or hostility based upon, the race, color,
gender, religion, national origin, age, ancestry, sexual orientation,
disability, handicap or health-related condition of another individual
or group of individuals, knowingly vandalize, deface or otherwise
damage:
(1)Â
Any church, synagogue or other building, structure or place used
for religious worship or other religious purpose.
(2)Â
Any cemetery, mortuary, military monument or other facility used
for the purpose of burial or memorializing the dead.
(3)Â
Any school, educational facility, community center, hospital or medical
clinic owned or operated by a religious or sectarian group.
B.Â
No person shall, by reason of any motive or intent relating to, or
any antipathy, animosity or hostility based upon, the race, color,
gender, religion, national origin, age, ancestry, sexual orientation,
disability, handicap or health-related condition of another individual
or group of individuals:
C.Â
No person shall, by reason of any motive or intent relating to, or
any antipathy, animosity or hostility based upon, the race, color,
gender, religion, national origin, age, ancestry, sexual orientation,
disability, handicap or health-related condition of another individual
or group of individuals, communicate, in writing or by telephone,
a threat to commit a misdemeanor, involving violence or property damage,
or to commit any felony.
D.Â
No person shall, by reason of any motive or intent relating to, or
any antipathy, animosity or hostility based upon, the race, color,
gender, religion, national origin, age, ancestry, sexual orientation,
disability, handicap or health-related condition of another individual
or group of individuals, commit an offense described in § 485.05,
Subdivision 3, of the New York State Penal Law.
[Added 4-27-2010 by L.L. No. 17-2010]
E.Â
No person
shall, by reason of any motive or intent relating to or any antipathy,
animosity or hostility based upon the race, color, gender, religion,
national origin, age, ancestry, sexual orientation, disability, handicap
or health-related condition of another individual or group of individuals,
engage in a violation of § 240.50, 240.55, or 240.60 of
the New York State Penal Law by falsely requesting the assistance
of law enforcement or summoning law enforcement assistance in violation
of § 79-n of the New York State Civil Rights Law.
[Added 10-6-2020 by L.L. No. 47-2020[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
E as Subsection F.
F.Â
Implementation of provisions; enforcement.
(1)Â
The Suffolk County Human Rights Commission is hereby authorized to
promulgate and issue such rules and regulations as shall be necessary
and sufficient to implement this section.
(2)Â
The Suffolk County Human Rights Commission shall enforce this section
by referring the civil proceedings to the County Department of Law.
[Amended 3-24-2009 by L.L. No. 9-2009]
A.Â
Any person who intentionally violates any provision of this article
shall be liable for a civil penalty of $5,000 for a first offense;
$10,000 for a second offense, and $20,000 for a third offense. In
addition, any person who intentionally violates any provision of this
article shall, in the discretion of the court, also be subject to
a requirement to participate in diversity training conducted by or
through the Suffolk County Human Rights Commission, on such terms
and conditions as may be imposed by the court.
B.Â
Civil penalties collected under this article shall be deposited with
the Suffolk County Human Rights Commission to be used to fund the
Junior Human Rights Day Program ("Day Program"), with the balance
of the funds to be deposited in the general fund.
C.Â
Any civil penalty may only be assessed by the court following a hearing
and opportunity for an alleged violator to be heard and upon clear
and convincing evidence that the alleged violation occurred.