[Adopted 5-11-2010 by L.L. No. 24-2010 (Ch. 270, Art. V, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that steps are being taken at all levels of government aimed at drug abuse education, prevention, and recovery, such as Suffolk County’s recent purchase of 16,000 drug testing kits given away to parents at no cost in order to test their children for drug use.
B. 
This Legislature also finds that it is in the best interest of the health, safety, and well-being of the residents of Suffolk County to continue to enhance measures aimed at combating the widespread drug epidemic facing our communities.
C. 
This Legislature further finds and determines that residents in Suffolk County communities have a shared responsibility to make our communities a safer and healthier place to raise our families.
D. 
This Legislature further finds and determines that owners, lessees, and operators should not turn their backs on the risks associated with the use of vehicles by persons who may be engaged in the use or transport of controlled substances.
E. 
This Legislature also finds that owners, lessees, and operators of vehicles should exercise control and good judgment to prevent the use of their vehicles for the sale, purchase, use, and/or transport of unlawfully possessed controlled substances.
F. 
Therefore, the purpose of this article is to assess significant civil penalties upon those who use or knowingly or recklessly allow the use of their vehicles in connection with the sale, purchase, use, or transport of unlawfully held controlled substances so that a portion of the mounting cost of drug education and prevention programs may be borne by those who contribute to the growing drug epidemic facing Suffolk County.
As used in this article, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCE
Any substance listed in Schedule I, II, III, IV or V of New York Public Health Law § 3306 where such substance is unlawfully possessed.
DEPARTMENT
The Suffolk County Department of Law.
OWNER
The same meaning as used in § 128 of the New York Vehicle and Traffic Law.
SALE or PURCHASE
To buy, sell, exchange, give, dispose of, or acquire from another, or to offer or agree to do the same.
TRANSPORT
To convey from one place to another.
UNLAWFULLY
In violation of Article 33 of the New York Public Health Law.
USE
Mixing, compounding, preparing, possessing, or consuming any controlled substance.
VEHICLE
The same meaning as used in § 159 of the New York Vehicle and Traffic Law.
A. 
The Department, on behalf of Suffolk County, may commence a civil action for the assessment of a penalty as set forth in § 420-13 against the owner, lessee, and/or driver of any vehicle that is used in connection with the sale, purchase, use, and/or transport of a controlled substance. Such civil action may be commenced no later than three years subsequent to the date of such use of a vehicle. Suffolk County must establish by clear and convincing evidence that the owner, lessee, or driver of a vehicle knew or had reason to believe that such vehicle would be used in connection with the sale, purchase, use, and/or transport of controlled substances.
B. 
It shall be a defense to liability if the owner, lessee, and/or driver shows, by a preponderance of the evidence, that such owner, lessee, and/or driver neither knew nor had reason to believe that the vehicle was to be used in connection with the sale, purchase, use, and/or transport of a controlled substance.
C. 
Any civil penalty assessed against the owner, lessee, and/or driver pursuant to this article shall be civil, remedial and in personam in nature, and shall not be deemed to be a criminal penalty or criminal forfeiture for any purpose.
D. 
The provisions of this section shall be in addition to any other penalties set forth by law.