[Adopted 11-20-2001 by L.L. No. 19-2001 (Ch. 272 of the 1985
Code)]
A.
This Legislature
hereby finds and determines that students attending public, private,
and parochial schools should be protected against speeding traffic.
B.
This Legislature
further finds and determines that certain geographic locations surrounding
public, private, and parochial schools should be free from the negative
impact caused by speeding vehicles.
C.
Therefore,
the purpose of this article is to impose County civil fines for vehicles
speeding in areas designated as "Safe School Zones" as an exercise
of Suffolk County's power to protect the health, safety, and
general welfare of its residents.
As used in this article, the following terms shall have the
meanings indicated:
The Suffolk County Department of Law.
Any location at which a school building or structure has
been erected, either public or private in nature, and which is attended
by students assigned to any grade from kindergarten through 12th grade,
regardless of how many such grades are actually allocated to the building
or structure in question, and regardless of whether regular, special,
vocational, occupational, handicapped, or other classes are conducted
at the building or structure in question, the school district or private
school of which has formally enacted a resolution of authorization
to participate in the program established by this article.
That area designated as follows:
In or within any building, structure, athletic playing field,
playground, or land contained within the real property boundary line
of a public or private elementary, parochial intermediate, junior
high, vocational, or high school; or
Any area accessible to the public located within 1,000 feet
of the real property boundary line comprising any such school or any
parked automobile or other parked vehicle located within 1,000 feet
of the real property boundary line comprising such school. For the
purposes of this definition, an "area accessible to the public" shall
mean sidewalks, streets, parking lots, parks, playgrounds, stores,
restaurants, vacant or abandoned properties, public easements, utility
easements, and drainage areas.
A.
The County Department of Public Works shall install, on a priority
basis, "Safe School Zone" signs on all County roads which adjoin an
eligible school site.
B.
"Safe School Zone sign" shall mean a visually conspicuous board,
placard, or poster with conspicuous capital letters on a contrasting
background stating: "WARNING: INCREASED PENALTIES FOR SPEEDING TICKETS
IN THIS AREA."
Any individual driving a vehicle in a Safe School Zone located
within the County in excess of a maximum speed established by the
New York Vehicle and Traffic Law, a County law, or any other municipal
ordinance, law, or regulation shall be subject to a civil fine imposed
under this article.
This article shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety, and welfare
of the people of the County of Suffolk.
A.
A civil action may be commenced by the Department, on behalf of the County of Suffolk, against a person found to have willfully engaged in prohibited conduct as set forth in § 713-12 above.
B.
Evidence of a conviction of the driver for a traffic offense under
a law or statute, other than this article, relating to the incident
in question shall constitute prima facie proof that the defendant
in the civil action has engaged in prohibited conduct and shall be
a condition precedent to imposing a civil penalty under this section.
C.
In any civil action brought pursuant to this section, the County
of Suffolk may recover the costs of the investigation and prosecution
of any traffic offense involving the same prohibited conduct on which
the civil action is based.
D.
In addition to the amount set forth in Subsection C of this section, the County of Suffolk may recover from any person found liable for engaging in prohibited conduct, as set forth in § 713-12 above, a civil penalty in the amount of $100 for a first offense and $500 for a second or subsequent offenses. Such civil penalty shall be in addition to any other penalty imposed by state or local law pertaining to speeding.
This article shall be null and void on the day that statewide
or federal legislation becomes effective 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 Suffolk. The County Legislature may determine, via duly
enacted resolution, whether or not identical or substantially similar
statewide legislation has been enacted for the purpose of triggering
the provisions of this section.
This article shall apply to all actions occurring on or after
the 90th day subsequent to the effective date of this article.
