As used in this article, the following terms shall have the
meanings indicated:
POSSESSION
The presence within a motor vehicle of a MIRT.
USE
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.
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.