For the purposes of this chapter, the following terms shall
have the following meanings:
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR MUTCD
The manual and specifications for a uniform system of traffic
control devices maintained by the Commissioner of the Department of
Transportation pursuant to § 1680 of the New York Vehicle
Traffic Law.
OWNER
Shall have the meaning provided in § 239 of the
New York Vehicle and Traffic Law.
SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM
A device that is capable of operating independently of an
enforcement officer which is installed to work in conjunction with
a school bus stop-arm and which automatically produces two or more
photographs, two or more microphotographs, a videotape or other recorded
images of a vehicle at the time it is used or operated in violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law.
TOWN
The Town of Hempstead.
TPVA
The Nassau County Traffic and Parking Violations Agency.
An owner liable for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this chapter shall
be liable for monetary penalties in accordance with the following
schedule of fines and penalties:
A. $250 for a first violation;
B. $275 for a second violation both of which were committed within 18
months of the first violation;
C. $300 for a third or subsequent violation all of which were committed
within a period of 18 months; and
D. An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time period.
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by TPVA pursuant to N.Y. General
Municipal Law Article 14-B.
If the owner held liable for a violation of Subdivision (a)
of § 1174 of the New York Vehicle and Traffic Law pursuant
to this chapter was not the operator of the vehicle at the time of
the violation, the owner may maintain an action for indemnification
against the operator.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect immediately upon full compliance
with all the requisite statutes and laws applicable to its adoption
and promulgation.