Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule I (§ 265-33), attached to and made a part of this chapter.
The speed limit for both directions of traffic along the streets or parts thereof described in Schedule II (§ 265-34), attached to and made a part of this chapter, is hereby established at the rate of speed indicated.
The streets or parts of streets described in Schedule III (§ 265-35), attached to and made a part of this chapter, are hereby designated as one-way streets in the direction indicated.
No person shall make a U-turn on any of the streets or parts of streets described in Schedule IV (§ 265-36), attached to and made a part of this chapter.
No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule V (§ 265-37), attached to and made a part of this chapter.
[Added 5-24-2022 by L.L. No. 4-2022]
A.
There is hereby established, pursuant to § 1174-a of the
New York State Vehicle and Traffic Law, a demonstration program imposing
monetary liability on owners of vehicles for failure of the operators
thereof to comply with § 1174 of the New York State Vehicle
and Traffic Law when meeting a school bus marked and equipped as provided
in Subdivisions 20 and 21-c of § 375 of the New York State
Vehicle and Traffic Law in the City of Glen Cove.
B.
To carry out the demonstration program, the City is authorized to
enter into an agreement with the Glen Cove City school district for
the installation, maintenance, and use of school bus photo violation
monitoring systems as well as proper handling and custody of data
received by the school bus cameras, subject to the provisions of § 1174-a
of the New York Vehicle and Traffic Law. Once the school district
has entered into an agreement with the City, cameras shall be installed
on school buses owned or operated by that school district or privately
owned and operated for compensation under a contract with such school
district.
C.
Cost of program and reports relating thereto.
(1)
The total cost to the school district of the installation, maintenance
and use of school bus photo violation monitoring systems pursuant
to an agreement authorized by this section shall be borne entirely
by the City.
(2)
The school district shall provide any report required of the district,
pursuant to § 1174-a of the Vehicle and Traffic Law, to
the state or any official thereof.
(3)
To the extent that the City shall be required to issue any report
to the state or any official thereof because of the adoption of this
article and/or § 1174-a of the Vehicle and Traffic Law,
the City shall cause the same to be prepared pursuant to this article
or applicable state law.
D.
Pursuant to § 1174-a (a)(3)(i) of the Vehicle and Traffic
Law, any school district participating in the demonstration program
shall be prohibited from accessing any photographs, microphotographs,
videotapes, other recorded images and data from school bus photo violation
monitoring systems but shall provide, pursuant to the agreement with
the City, as provided in this article, for the proper handling and
custody of such photographs, microphotographs, videotapes, other recorded
images and data produced by such systems, and for the forwarding of
such photographs, microphotographs, videotapes, other recorded images
and data to the City for the purpose of determining whether a motor
vehicle was operated in violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law and imposing monetary liability
on the owner of such motor vehicle therefor.
E.
The agreement between the City and the school district shall provide
that photographs, microphotographs, videotapes, other recorded images
and data produced by school bus photo violation monitoring systems
shall be destroyed:
F.
The City shall adopt and enforce measures to protect the privacy
of drivers, passengers, pedestrians and cyclists whose identity and
identifying information may be captured by a school bus photo monitoring
device. Such measures shall include:
(1)
Utilization of necessary technologies to ensure, to the extent practicable,
that photographs produced by such school photo violation monitoring
systems shall not include images that identify the driver, the passengers,
the contents of the vehicle, pedestrians and cyclists; 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 a vehicle, provided that the
City has made a reasonable effort to comply with the provisions of
this subsection;
(2)
A prohibition of the use or dissemination of vehicles' license
plate information and other information and images captured by school
bus photo violation monitoring systems except:
(3)
Oversight procedures to ensure compliance with the privacy protection
measures required herein.
G.
The City shall also undertake the installation of signage in conformance
with standards established in the Manual of Uniform Traffic Control
Devices. Such signage shall be installed at each roadway entrance
of the jurisdictional boundaries of the City giving notice that school
bus photo violation monitoring systems are used to enforce restrictions
on vehicles violating § 1174 of the New York Vehicle and
Traffic Law. For the purposes of this subsection, the term "roadway"
shall not include state expressway routes or state interstate routes
but shall include controlled-access highway exit ramps that enter
the boundaries of the City.
[1]
Editor's Note: Former § 265-9, Prohibited
right turns on red signal, was repealed 6-22-1999.
[Added 5-24-2022 by L.L.
No. 4-2022]
An owner liable for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this article 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 committed within 18 months of the first
violation;
C.
$300 for a third violation or subsequent violation all of which were
committed within 18 months from the first violation; and
D.
An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time.
E.
An imposition of liability under this article shall not be deemed
a conviction 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.
[Added 5-24-2022 by L.L.
No. 4-2022]
A.
A notice of liability shall be sent as provided by state law by first-class
mail to each person alleged to be liable as an owner for a violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law. Personal delivery 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.
To the extent that state law does not preclude the City from causing
such mailing to be made, the City shall undertake or cause to be undertaken
such mailing.
B.
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 (a)
of § 1174 of the New York Vehicle and Traffic Law, 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.
C.
A 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.
D.
The notice of liability may contain such other information as the
entity causing such notice of liability to be mailed deems appropriate
to communicate the law and the adjudicatory process if the addressee
of the notice wishes to contest the notice of liability.
[Added 5-24-2022 by L.L.
No. 4-2022]
A.
The owner of a vehicle shall be liable for a penalty imposed pursuant
to this article if such vehicle was used or operated with the permission
of the owner, express or implied, in violation of Subdivision (a)
of § 1174 of the New York Vehicle and Traffic Law and such
violation is evidenced by information obtained from a school bus photo
violation monitoring system; provided, however, that no owner of a
vehicle shall be liable for a penalty imposed pursuant to this article
where the operator of such vehicle has been convicted of the underlying
violation of Subdivision (a) of § 1174 of the New York State
Vehicle and Traffic Law. For purpose of (i) this section, and (ii)
this article, there shall be a presumption that such vehicle was used
and operated with the consent of the owner at the time it was used
and operated in violation of Subdivision (a) of § 1174 of
the New York Vehicle and Traffic Law.
B.
If the owner receives a notice of liability pursuant to this article
for any time period during which the vehicle was reported to the police
as having been stolen, it shall be a valid defense to an allegation
of liability for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this article 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 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 or delivered to a court of competent
jurisdiction or parking violations bureau having jurisdiction where
any contested notice of liability would otherwise be determined.
C.
An owner who is a lessor of a vehicle to which a notice of liability
was issued pursuant to this article shall not be liable for the violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law, provided that he or she complies with the provisions
of § 1174-a of the New York Vehicle and Traffic Law and
otherwise sends to the Court of competent jurisdiction, or other adjudicatory
bureau or agency of competent jurisdiction, 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 the agency or
entity which caused such notice of liability to be issued, together
with the information contained in the original notice of liability.
Failure to send such information within thirty-seven-day time period
shall render the owner liable for the penalty prescribed by this article.
Where the lessor complies with the provisions of this subsection,
the lessee of such vehicle for purposes of this section, shall be
deemed to be the owner of such vehicle on the date of such violation
for the purposes of this section, shall be subject to liability for
the violation of Subdivision (a) of § 1174 of the New York
Vehicle and Traffic Law pursuant to this article and shall be sent
a notice of liability pursuant to § 275-6 of this article.
D.
A certificate, sworn to or affirmed by a technician employed by the
City, or a facsimile thereof, upon inspection of photographs, microphotographs,
videotapes, other recorded images produced by a school bus photo violation
monitoring system, shall be prima facie evidence of the facts contained
therein. Any photographs, microphotographs, videotapes, other recorded
images evidencing such a violation shall be available for inspection
in any proceeding to adjudicate the liability for such violation.
E.
It shall be a defense to any prosecution for or allegation of a violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law pursuant to this article that such school bus stop-arms
were malfunctioning at the time of the alleged violation.
[Added 5-24-2022 by L.L.
No. 4-2022]
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by the Court of competent jurisdiction
in the City of Glen Cove or in another manner pursuant to the New
York State Vehicle and Traffic Law.
[Added 5-24-2022 by L.L.
No. 4-2022]
If the owner held liable for a violation of Subdivision (a)
of § 1174 of the New York Vehicle and Traffic Law pursuant
to this article was not the operator of the vehicle at the time of
the violation, the owner may maintain an action for indemnification
against the operator.
[Added 5-24-2022 by L.L.
No. 4-2022]
A.
The City shall develop and cause to be submitted an annual report
on the results of the use of a school bus photo violation monitoring
system to the Governor, the temporary president of the Senate and
the speaker of the Assembly on or before June 1 of each year in which
the demonstration program is operable. Such report shall include any
information required by § 1174-a(m) of the New York Vehicle
and Traffic Law to be included as a result of the enactment of this
article.
B.
Pursuant to the requirements of § 1174-a of the New York
State Vehicle and Traffic Law, courts, bureaus, and agencies conducting
adjudications as a result of this article shall report at least annually
to the City on the quality of the adjudication process and its results
including the total number of hearings scheduled, rescheduled, and
held; the total number of persons scheduled for such hearings; the
total number of cases where fines were paid on or before the hearing
date; and the total number of default judgments entered.
[Added 5-24-2022 by L.L.
No. 4-2022]
If any clause, sentence, paragraph, subdivision, section, or
part of this article 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 article,
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.
[Added 5-24-2022 by L.L.
No. 4-2022]
This article shall take effect immediately upon full compliance
with all the requisite statutes and laws applicable to its adoption
and promulgation.
The streets or parts of streets described in Schedule VII (§ 265-39), attached to and made a part of this chapter, are hereby designated as through streets. Traffic control devices shall be installed on each street intersecting the through street.
The intersections described in Schedule VIII (§ 265-40), attached to and made a part of this chapter, are hereby designated as stop intersections. Stop signs shall be installed as provided therein.
The intersections described in Schedule IX (§ 265-41), attached to and made a part of this chapter, are hereby designated as yield intersections. Yield signs shall be installed as provided therein.
Trucks in excess of 8,000 pounds are hereby excluded from the streets or parts of streets described in Schedule X (§ 265-42), attached to and made a part of this chapter, except for the pickup and delivery of materials on such streets.
[Added 7-22-1997]
A.
It is required that all vehicles, including trucks,
operated within the City of Glen Cove be in good and safe operating
condition, and each shall be operated only:
(1)
While having a valid New York State certificate
of inspections, or the equivalent thereof for any vehicle registered
outside the State of New York, affixed on the vehicle in the proper
location;
(2)
While in full compliance with Article 9 of the
Vehicle and Traffic Law of the State of New York, as amended, which
article is fully incorporated herein by reference;
(3)
While in full compliance with Article 10 of
the Vehicle and Traffic Law of the State of New York, as amended,
which article is fully incorporated herein by reference;
(4)
While in full compliance with Article 6 of the
Transportation Law of the State of New York, as amended, which article
is fully incorporated herein by reference;
(5)
While in full compliance with Article 21 of
the Tax Law of the State of New York, as amended, which article is
fully incorporated herein by reference;
(6)
While properly registered in accordance with
Article 14 of the Vehicle and Traffic Law of the State of New York,
as amended, which article is fully incorporated herein by reference;
(7)
While in full compliance with Article 49 of
the Code of Federal Regulations, as amended, which article is fully
incorporated herein by reference;
(8)
No vehicle may operate within the City of Glen
Cove if that vehicle has been determined to be in an unsafe condition
by a certified New York State inspector or by a person certified by
the State of New York to conduct such inspections; and
(9)
No vehicle may operate within the City of Glen
Cove if it has been determined that the vehicle should be put out
of service by a New York State Department of Transportation inspector.
B.
It shall be presumed that a violation of this section
found through an inspection of a vehicle requested by an officer of
the Police Department of the City of Glen Cove and inspected in the
presence of any officer thereof, after the vehicle was involved in
an accident, was a violation at the time of the accident. Any such
inspection shall take place only after at least two days' notice is
given to the owner of the vehicle, and the owner and/or person or
persons he shall designate shall have the right to attend the inspection.
