[Adopted 5-18-2004 by L.L. No. 7-2004]
The Legislature of Rockland County hereby finds
that recent events have focused residents of Rockland County on how
easy "photo phone" users can take pictures or images of others without
the subjects' knowledge. This is especially disconcerting in the context
of places such as gyms and locker rooms, where many people expect
and deserve a certain degree of privacy. Because it is easy for "photo
phone" users to take pictures while appearing to talk on the phone,
there exists the potential that photos will be taken of persons in
potentially compromising or embarrassing positions and in places that
they would not normally expect such pictures to be taken. This article
would ban the use of "photo phones" where the subject(s) does not
know that he or she is the subject of the photo from all areas where
there exists an expectation of privacy and punish those who violate
the law.
As used in this article, the following terms
shall have the meanings indicated:
IMAGING DEVICE
Any mechanical, digital or electronic viewing device, camera
or any other instrument capable of recording, storing or transmitting
visual images that can be utilized to observe a person.
PHOTO PHONE
Any device or connected electronic or mechanical system that
acts as both an imaging device and a transmission device, regardless
of size or shape.
PRIVATE AREA
Any area where persons would normally expect a certain modicum
of privacy, even in the presence of other persons, or would normally
expect to be in various stages of undress, including, but not limited
to, lockers room, gyms, weight rooms, indoor saunas, indoor swimming
pools, indoor hot tubs, and similar indoor places.
TRANSMISSION DEVICE
Any wired or wireless mechanical, digital or electronic device,
camera or any other instrument capable of giving, providing, delivering,
mailing, sending, forwarding, transferring or transmitting a visual
image created by an imaging device, electronically or otherwise, to
another person.
A person is guilty of unlawful use of a photo
phone when he or she uses a photo phone in a private area as either
an imaging device or as a transmission device without the consent
of the person or persons in the photo.
This article shall not apply to:
A. Law enforcement personnel engaged in their authorized
duties;
B. Premises surveillance systems, provided that persons
in the private area are notified by a sign at least two feet by three
feet at all entrances to such private area that such surveillance
system exists in the private area; and
C. Premises surveillance systems, provided that they
are installed in such a manner that their presence is clearly and
immediately obvious to persons in the private area.
[Adopted 12-16-2008 by L.L. No. 15-2008]
This article shall be known as the "Driving
While Texting Law."
As used in this article, the following terms
shall have the meanings indicated:
HANDS-FREE
The manner in which a wireless handset is operated for the
purpose of composing, reading or sending text messages, by using an
internal feature or function, or through an attachment or addition,
including but not limited to an ear piece, head set, remote microphone
or short-range wireless connection, thereby allowing the user to operate
said device without use of hands.
INOPERABILITY
A motor vehicle that is incapable of being operated or incapable
of being operated in a safe and prudent manner due to mechanical failure,
including but not limited to engine overheating, nonfunctioning brakes
or tire failure.
MOTOR VEHICLE
Any vehicle that is self-propelled by a motor, including,
but not limited to, automobiles, trucks, vans, construction vehicles,
etc.
PERSON
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint stock association or other
entity, or business organization of any kind.
USE
To hold a wireless handset in one's hand or read or touch
one within arm's length of the driver.
WIRELESS HANDSET
A portable electronic or computing device, including but
not limited to cellular telephones, portable computers and personal
digital assistants (PDAs), capable of transmitting data in the form
of a text message.
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 Rockland. The County Legislature may determine by 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.