[Adopted 8-10-2004 by L.L. No. 24-2004 (Ch. 467, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that the technology
presently exists that permits the manufacture of mobile infrared transmitters
(MIRTs) that can turn traffic lights green at the push of a button.
B.
This Legislature further finds and determines that these devices
were originally developed for use by emergency vehicles, such as fire
trucks and ambulances on lifesaving missions.
C.
This Legislature also finds and determines that these MIRTs have
found their way into use by ordinary citizens who wish to avoid the
delay of a red light.
D.
This Legislature finds that the use of MIRTs presents enormous hazards
for drivers and creates a problem for law enforcement officers.
E.
Therefore, the purpose of this article is to ban the purchase, sale,
possession and use of MIRTs in Suffolk County except when purchased
and used by authorized fire, ambulance, and police agencies in the
regular course of their business.
As used in this article, the following terms shall have the
meanings indicated:
A device that, when activated, can cause traffic signals
to turn green.
The presence within a motor vehicle of a MIRT.
Activating a MIRT for the purpose of causing a traffic signal
to change.
Pursuant to Article IX, § 2(c)(10), of the New York Constitution, governing protection, health, safety, and well-being of persons, no person shall purchase, sell, offer for sale, possess or use a MIRT while operating a motor vehicle on any public street or public highway within the County of Suffolk. The presence in such vehicle of a MIRT in an operable condition and readily accessible to the operator or to any passenger is presumptive evidence of possession and use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such MIRT was not in use or by evidence that such MIRT was held in a part of the motor vehicle inaccessible to the operator or to any passenger.
The prohibition contained in § 818-8 shall not apply to any police, fire, ambulance, or any other emergency personnel while engaged in their official duties.
A.
Any violation of any provision of § 818-8 of this article shall constitute an offense and be punishable by a fine not to exceed $250 for each violation. Each such violation shall constitute a separate and distinct offense.
B.
Enforcement.
(1)
This article shall be enforced by the Suffolk County Police Department
and sworn officers of an authorized Police Department or force of
a town or village within the geographic boundaries of Huntington,
Islip, Babylon, Smithtown, and Brookhaven.
(2)
This article shall be enforced by the County Sheriff's Department
and sworn officers of an authorized Police Department or force of
a town or village within the geographic boundaries of the Towns of
Shelter Island, Riverhead, Southold, Southampton, and East Hampton.
(3)
This
article may be enforced anywhere within the geographic boundaries
of the County of Suffolk by a police officer as defined in § 1-20(34)
of the New York Criminal Procedure Law.
This article shall apply to any use of a MIRT occurring on or
after the effective date of this article.
This article shall be null and void on the day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, 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, or pertinent
preempting state or federal regulations, have been enacted for the
purposes of triggering the provisions of this section.
