[Adopted 10-13-2009 by L.L. No. 35-2009 (Ch. 407A, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that drop-side cribs
are manufactured with three immovable sides and one side that is able
to slide up and down to allow for easier access to infants inside
the crib.
B.
This Legislature also finds and determines that drop-side cribs have
more moving parts than cribs with four fixed sides, leading to an
increased risk of separation of one side of the crib from the others
and higher rates of other crib malfunctions.
C.
This Legislature further finds and determines that frequently parents
are unaware that their drop-side crib has become unsafe because the
crib's hardware malfunctions in a way that cannot be readily
detected.
D.
This Legislature finds that malfunctioning drop-side cribs have been
the cause of at least three infant deaths and many injuries throughout
the United States in the past 18 months.
E.
This Legislature determines that the injuries and deaths resulting
from the use of drop-side cribs have resulted in increased investigations
and five recalls by the Federal Consumer Product Safety Commission,
involving more than 3,000,000 cribs.
F.
This Legislature also finds that, in response to these concerns,
the crib-making industry has proposed, through the industry safety
standards organization, ASTM International, banning the manufacture
and sale of drop-side cribs.
G.
This Legislature further finds that currently, the industry ban on
the manufacture and sale of drop-side cribs is only voluntary and
is not required by any laws or regulations.
H.
This Legislature also determines that Suffolk County wants to ensure
the protection of its youngest and most vulnerable residents from
the dangers associated with drop-side crib malfunctions.
I.
Therefore, the purpose of this article is to ban the sale of drop-side
cribs in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
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 of Suffolk.
This article shall be enforced by the Suffolk County Department
of Consumer Affairs.
The Commissioner of the Suffolk County Department of Consumer
Affairs is hereby authorized and empowered to promulgate such rules
and regulations as he or she deems necessary to implement this article.
Any person who knowingly violates the provisions of this article
shall be subject to a civil penalty of $500 for an initial violation
of this article and a penalty of $1,000 for each subsequent violation.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to filing in the Office of the Secretary of State.
