[HISTORY: Adopted by the Suffolk County Legislature 12-2-2008 by L.L. No.
54-2008 (Ch. 461A of the 1985 Code). Amendments
noted where applicable. Uncodified sections of local laws amending
these provisions are included at the end of this chapter.]
A.
This Legislature hereby finds and determines that tires have a limited
service life regardless of tread depth and use.
B.
This Legislature also finds and determines that aged tires are often
unsuspectingly put into service after having served as a spare tire,
been stored in garages or warehouses, or simply used on a vehicle
that is infrequently driven. In many instances, these tires show no
visible signs of deterioration.
C.
This Legislature further finds and determines that a National Highway
Transportation Safety Administration field study concluded that tires
continue to degrade throughout their service lives, whether used on
the road on in the full-size spare position. The field study also
showed structural degradation of the tires in terms of internal cracks
and separations. This internal degradation and damage was nearly all
internal to the tire and impossible to detect from a visual inspection
alone, creating what has been described as "an invisible hazard."
D.
This Legislature finds that Ford Motor Company recently led the way
in warning customers that tires should be scrapped after six years
or drivers risk injury and death.
E.
This Legislature also determines that Suffolk County consumers should
be protected against retailers who are willing to sell old tires.
F.
Therefore, the purpose of this chapter is to prohibit the sale of
tires for passenger vehicles, multipurpose passenger vehicles, or
light trucks that were manufactured more than six years ago.
As used in this chapter, the following terms shall have the
meanings indicated:
A natural person who is solicited to purchase or who purchases
tires.
A motor vehicle with a gross vehicle weight rating of less
than 26,000 pounds which is either designed for off-highway operation
or designed to perform at least one of the following functions: transport
more than 10 persons, provide temporary living quarters, transport
property in an open bed, provide greater cargo-carrying than passenger-carrying
volume, or permit expanded use of a passenger vehicle for cargo-carrying
purposes through the removal of seats.
A motor vehicle designed to carry 10 persons or fewer which
is constructed either on a truck chassis or with special features
for occasional off-road operation.
Any motor vehicle designed to carry 10 persons or fewer.
Any natural person, individual, corporation, proprietorship,
firm, partnership, joint venture, joint-stock association, or other
entity or business organization of any kind engaged in the business
of selling tires to consumers.
A covering for a wheel, usually made of rubber reinforced
with cords of nylon, fiberglass, or other materials and filled with
compressed air.
Pursuant to Article 9, Section 2(C)10, of the New York State
Constitution, governing protection, health, safety, and well-being
of persons, no retail tire dealer shall sell or offer for sale any
vehicle tire manufactured for light trucks, multipurpose passenger
vehicles, and passenger vehicles which was manufactured more than
six years prior to the date of sale.
A.
This chapter shall be enforced by the Suffolk County Office of Consumer
Affairs.
B.
The Suffolk County Director of Consumer Affairs is hereby authorized
and empowered to issue and promulgate such rules and regulations as
he or she deems necessary to implement and carry out the provisions
of this chapter.
A.
Any retail tire dealer who violates any provision of § 787-3 of this chapter shall be subject to a civil penalty of $500.
B.
No fine shall be imposed until after a hearing has been held before
the Director of the Suffolk County Office of Consumer Affairs upon
at least seven business days' notice to the person upon whom
such fine is to be levied. Such notice shall be served either personally
or by certified mail, return receipt requested, to the last known
address of said person and shall state the date and place of the hearing
as well as enumerate the grounds constituting the allegations against
such person. Said person may be represented by counsel and may produce
witnesses in his or her own behalf. A record of the hearing shall
be taken and preserved. For purposes of such hearing, the Director
of the Suffolk County Office of Consumer Affairs may administer oaths,
take testimony, subpoena witnesses and compel the production of books,
papers, records or other documents deemed pertinent to the subject
of the hearing.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter, 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 has been enacted for the purposes of triggering the provisions
of this section.
This chapter shall take effect 180 days subsequent to its filing
in the Office of the Secretary of State.
