[Adopted 1-19-2010 by L.L. No. 2-2010]
This article shall be known as "The Rockland County Infant and
Toddler Safety Act."
A.
Drop-side cribs are manufactured with three immovable sides and one
side that slides up and down to allow for easier access to infants
and toddlers inside the crib. As drop-side cribs have more moving
parts than cribs with four fixed sides, this leads to an increased
risk of separation of one side of the crib from the others and higher
rates of other related crib malfunctions. Parents are frequently unaware
that their drop-side crib has become unsafe because the crib's hardware
malfunctions in a way that cannot readily be detected. These problems
are exacerbated when a drop-side crib is passed on from child to child
and family to family.
B.
Malfunctioning drop-side cribs have been the cause of at least five
infant deaths and many injuries throughout the United States in the
past two years. Injuries and deaths resulting from the use of drop-side
cribs have resulted in increased investigations and 21 recalls by
the Federal Consumer Product Safety Commission, involving more than
4.2 million cribs. The most recent recall was in November of 2009,
affecting 1.2 million drop-side cribs, the largest such recall in
history.
C.
In response to these concerns, the crib-making industry has proposed
through the industry standards organization, ASTM International, banning
the manufacture and sale of drop-side cribs. However, the industry
ban on the manufacture and sale of drop-side cribs is only voluntary
and is not required by any laws or regulations.
D.
The purpose of this article is to ensure the continued protection
of the public health, safety and general welfare of the County's infants
and toddlers who are vulnerable to the dangers associated with drop-side
crib malfunctions. Therefore, this article bans the sale of drop-side
cribs within the County of Rockland.
As used in this article, the following terms shall have the
meanings indicated:
The County of Rockland, New York.
Any infant crib that has three immovable sides, with a fourth
side that moves up and down. This term shall not include drop-gate
cribs or any other crib that has four immovable sides with a portion
of one side capable of being folded down.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity of business of any kind.
No person shall sell or offer for sale drop-side cribs within
the County.
Any person who violates the provisions of this article shall
be subject to the imposition by the Rockland County Department of
Consumer Protection of a civil penalty of $500 for an initial violation,
and $1,000 for each subsequent violation. No civil penalty shall be
imposed by the Rockland County Department of Consumer Protection as
provided for herein unless the alleged violator has received notice
of the charge against him or her and has had an opportunity to be
heard pursuant to the normal procedures of the Rockland County Department
of Consumer Protection. Prior to the imposition of the first civil
penalty on an alleged violator, the Rockland County Department of
Consumer Protection shall make a good-faith effort to issue a warning
to the alleged violator and shall make a good-faith effort to educate
the alleged violator about the provisions of this article.
This article shall apply to any and all actions occurring on
or after the effective date of this article.
This article shall take effect 90 days after it is filed with
the New York State Secretary of State.
