[Adopted 2-3-2015 by L.L. No. 8-2015]
This Legislature hereby finds and determines that global positioning
systems ("GPS") are commonly used for mapping, directional and tracking
purposes all over the world. This Legislature also finds that while
GPS devices have many legitimate and useful purposes, some people
use these devices to improperly invade the privacy rights of others,
or worse, utilize them in furtherance of criminal activity. This Legislature
further determines that the courts have found that persons operating
a motor vehicle have a legitimate right to privacy and, therefore,
law enforcement agencies must obtain a warrant before placing a GPS
device on a motor vehicle. This Legislature further finds that other
states have enacted legislation that restricts the use of GPS devices
for tracking purposes and the State of New York recently enacted a
law making it a misdemeanor to use a GPS device to stalk a person.
This Legislature also finds that it is appropriate to enact local
legislation to restrict the use of GPS devices in order to protect
the privacy rights and safety of Suffolk County residents. Therefore,
the purpose of this article is to prohibit any person or entity from
placing a GPS tracking device on a motor vehicle without the knowledge
and consent of the motor vehicle's owner.
As used in this article, the following terms shall have the
meanings indicated:
Any electronic device which permits the tracking of the movement
of a person or thing by means of a global positioning system or by
any other means.
The titled owner(s) of a motor vehicle. In the case of a
leased vehicle, this term shall mean the person or entity authorized
by the title owner to register the vehicle with the New York State
Department of Motor Vehicles. This term shall not include a motor
vehicle's lienholder.
Any natural person, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other entity or business or any kind.
No person shall install or place an electronic tracking device
in or on a motor vehicle within the County of Suffolk without the
knowledge and consent of all owners of the motor vehicle or track
the location of a motor vehicle with an electronic device tracking
device within the County of Suffolk without the knowledge and consent
of all owners of the motor vehicle.
This article shall not apply to any member of a law enforcement
agency acting within the scope of his or her employment.
Violations of this article shall constitute an unclassified
misdemeanor punishable by up to one year in jail and/or a fine of
$1,000.
This article shall apply to actions occurring on or after the
effective date of this article.
This article shall take effect on the 60th day immediately subsequent
to filing in the Office of the Secretary of State.
