City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 1-19-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 312.

§ 313-1 Owner liability for failure of operator to comply with traffic control indications.

A. 
Notwithstanding any other provision of law, the City of New Rochelle is hereby authorized and empowered to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic control indications in accordance with the provisions of this section. The Police Department and the Traffic Engineer, for purposes of implementation of such program, shall be authorized to install and operate traffic control signal photo violation monitoring devices at no more than 12 intersections at any one time.
B. 
Such demonstration program shall utilize necessary technologies to ensure, to the extent practicable, that photographs produced by such traffic control signal photo violation monitoring system shall not include images that identify the driver, the passengers or the contents of the vehicle; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of the vehicle, provided that the City of New Rochelle has made a reasonable effort to comply with the provisions of this subsection.
C. 
The owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of Subdivision (d) of § 1111 of the New York State Vehicle and Traffic Law and such violation is evidenced by information obtained from the traffic control signal photo violation monitoring system.
D. 
Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicle was operating such vehicle without the consent of the owner at the time such operator failed to obey a traffic control indication. For purposes of this subsection, there shall be a presumption that the operator of such vehicle was operating such vehicle with the consent of the owner at the time such operator failed to obey a traffic control indication.
E. 
For purposes of this section, "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation in which such vehicle is operated:
(1) 
Is the beneficial or equitable of such vehicle; or
(2) 
Has title to such vehicle; or
(3) 
Is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of the State of New York or any other state, territory, district, province, nation or other jurisdiction; or
(4) 
Uses such vehicle in its vehicle-renting and/or leasing business; or
(5) 
Is an owner of such vehicle as defined by § 128 or Subdivision (a) of § 2101 of the Vehicle and Traffic Law.
F. 
For purposes of this section, "traffic control signal photo violation-monitoring system" shall mean a device installed to work in conjunction with a traffic control signal which, during operation, automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of each vehicle at the time it is used or operated in violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law.
G. 
A certificate, sworn to or affirmed by a technician employed, hired or contracted by the City of New Rochelle, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a traffic control signal photo violation-monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability of such violation imposed pursuant to this section.
H. 
An owner liable for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section shall be liable for a monetary penalty of $50 for each violation. An owner shall be liable for an additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. City Court of the City of New Rochelle shall adjudicate liability imposed by this section.
I. 
An imposition of liability under this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
J. 
A notice of liability shall be sent by first-class mail to each person alleged to be liable as an owner for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section. Personal service on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein.
K. 
A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number.
L. 
The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon.
M. 
The notice of liability shall be prepared and mailed by the City of New Rochelle or by any other entity authorized to do so by the City.
N. 
If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle is reported to the Police Department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For the purposes of asserting the defense provided by this subsection, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first-class mail, return receipt requested, to the City Court, City of New Rochelle.
O. 
If the owner liable for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator.
P. 
An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to Subdivision J of this section shall not be liable for the violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law, provided that:
(1) 
He or she sends to City Court, City of New Rochelle, a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice from City Court of the date and time of such violation, together with the information contained in the original notice of liability.
(2) 
Failure to comply with Subsection P(1) of this section shall render the owner liable for the penalty prescribed in this section.
(3) 
Where the lessor complies with the provisions of this subsection, the lessee of such vehicle on the date of the violation shall be deemed to be the owner of such vehicle for purposes of this section, shall be subject to liability for such violation pursuant to this section and shall be sent a notice of liability pursuant to Subsection J of this section.
Q. 
Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of Subsection (d) of § 1111 of the Vehicle and Traffic Law.
R. 
The Police Commissioner or his or her designee shall submit to the Governor, the temporary President of the Senate, the Speaker of the Assembly and the City Council, an annual report on the results of the use of a traffic control signal photo violation-monitoring system on or before June 1, 2015, and on the same date in each succeeding year, in which the demonstration program is operable. Such report shall include, but not be limited to:
(1) 
A description of the locations where traffic control signal photo violation-monitoring systems were used.
(2) 
The aggregate number, type and severity of accidents reported at intersections where a traffic control signal violation-monitoring system is used for the year preceding the installation of such system, to the extent the information is maintained by the New York State Department of Motor Vehicles.
(3) 
The aggregate number, type and severity of accidents reported at intersections where a traffic control signal photo violation-monitoring system is used, to the extent the information is maintained by the New York State Department of Motor Vehicles.
(4) 
The number of violations recorded at each intersection where a traffic control signal photo violation-monitoring system is used and in the aggregate on a daily, weekly and monthly basis.
(5) 
The total number of notices of liability issued for violations recorded by such systems.
(6) 
The number of fines and total amount of fines paid after first notice of liability issued for violations recorded by such systems.
(7) 
The number of violations adjudicated and results of such adjudications, including breakdowns of dispositions made for violations recorded by such systems.
(8) 
The total amount of revenue realized by the City from such adjudications.
(9) 
Expenses incurred by the City in connection with the program.
(10) 
Quality of the adjudication process and its results.
S. 
It shall be a defense to any prosecution for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section that such traffic control indications were malfunctioning at the time of the alleged violation.