[Adopted 6-9-2009 by L.L. No. 20-2009 (Ch. 467, Art. I, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that, beginning in 2001, the County of Suffolk sought authorization from the State of New York to install red light cameras at various intersections in Suffolk County. The County sought this authority in order to reduce the incidence of red-light running and thereby enhance public safety.
B. 
This Legislature further finds that, in anticipation of state authorization, the County of Suffolk enacted Local Law No. 18-2001, which established a red light camera program consistent with then-pending state legislation.
C. 
This Legislature also finds that, despite the County's repeated efforts, the New York State Legislature did not authorize red light cameras in Suffolk County until April 2009.
D. 
This Legislature further finds that the County's existing red light camera law is not entirely consistent with the recently enacted state legislation.
E. 
Therefore, the purpose of this article is to implement a red light camera demonstration program in Suffolk County that is consistent with the authorizing state legislation.
As used in this article, the following terms shall have the meanings indicated:
OWNER
As defined in Article 2-B of the New York Vehicle and Traffic Law.
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM
A vehicle sensor installed to work in conjunction with a traffic control signal which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of each vehicle at the time it is used or operated in violation of § 1111(d) of the New York Vehicle and Traffic Law.
VEHICLE and MOTOR VEHICLE
As defined in § 125 of the New York Vehicle and Traffic Law.
A. 
There is hereby established in the County of Suffolk a demonstration program which imposes liability on the owner of a vehicle for failure of an operator thereof to comply with traffic control indications.
B. 
Under this demonstration program, traffic control signal photo violation-monitoring systems shall be installed and operated at no more than 100 intersections within and under the County's jurisdiction at any one time.
[Amended 6-5-2012 by L.L. No. 40-2012]
C. 
To the extent practicable, such demonstration program shall use necessary technologies to produce photographs that do not include images that identify the driver, passengers or contents of vehicles. However, no notice of liability issued pursuant to this article shall be dismissed solely because a photograph or photographs allowed for the identification of the contents of a vehicle.
The owner of a vehicle shall be liable for a penalty imposed pursuant to this article if such vehicle is used or operated with the permission of the owner, express or implied, in violation of § 1111(d) of the New York Vehicle and Traffic Law, and such violation is evidenced by information obtained from a traffic control signal photo violation-monitoring system. However, no owner of a vehicle shall be liable for a penalty under this article if the operator of the vehicle has been convicted of the underlying violation of § 1111(d) of the New York Vehicle and Traffic Law.
A. 
An owner liable for a violation of § 1111(d) of the New York Vehicle and Traffic Law, in accordance with § 818-49 of this article, shall be liable for a monetary penalty of $50 for each violation. An owner shall be liable for an additional penalty of $25 for each violation for the failure to respond to a notice of liability within the time prescribed in the notice of violation.
B. 
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 the motor vehicle insurance coverage.
C. 
All fines and penalties collected pursuant to this article shall be deposited with the Suffolk County Comptroller.
[Amended 6-17-2014 by L.L. No. 32-2014]
A. 
A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner of a vehicle for a violation of § 1111(d) of the New York Vehicle and Traffic Law.
B. 
A notice of liability shall contain the name and address of the person alleged to be liable for the violation as an owner, the registration number of the vehicle involved in such violation, the location where the violation occurred, the date and time of such violation and the identification number of the traffic control signal photo violation-monitoring system or other document locator number. Further, the notice of liability shall advise the person charged of the manner and the time in which he or she may contest the liability alleged in the notice and that a 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.
C. 
The notice of liability shall be prepared and mailed by the County of Suffolk or by any other entity authorized to do so by the County.
Adjudication of the liability imposed upon owners by this article shall be by the court(s) having jurisdiction over traffic infractions.
A certificate, sworn to or affirmed by a technician employed by Suffolk County, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or any other recorded images used by a traffic control signal photo violation-monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or any recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability of such violation.
A. 
An owner shall have a valid defense to an allegation of liability under this article if the vehicle in question had been reported to a police department or agency as stolen prior to the time the violation occurred, and had not been recovered by the time the violation occurred. For the purposes of asserting this defense, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the court having jurisdiction.
B. 
An owner who is a lessor of a vehicle to which a notice of liability is issued shall not be liable for the violation, provided that he or she sends to the court having jurisdiction a copy of the rental, lease or other such contract covering such vehicle on the day of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice of such violation. Failure to send such information within the thirty-seven-day time period shall render the owner liable for the penalty prescribed in this article. When the lessor complies with the provisions of this subsection, the lessee of such vehicle on the date of the violation shall be deemed to be the owner of such vehicle for the purposes of this article and shall be subject to liability for the violation of § 1111(d) of the New York State Vehicle and Traffic Law and shall be sent a notice of liability.
C. 
No owner of a vehicle shall be subject to a monetary fine under this article, if the operator of such vehicle was operating the vehicle without the consent of the owner at the time of the violation. However, there shall be a presumption that the operator of such vehicle was operating the vehicle with the consent of the owner at the time the violation occurred.
D. 
It shall be a defense to an allegation of liability under this article that the traffic control indications were malfunctioning at the time of the alleged violation.
If the owner of a vehicle liable for a violation of § 1111(d) 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.
The County Executive is hereby authorized and empowered to designate the appropriate department or agency to prepare and submit an annual report of the results of the use of the traffic control signal photo violation-monitoring system to the Governor, the temporary President of the New York State Senate and the Speaker of the Assembly.
[Amended 10-7-2014 by L.L. No. 29-2014; 9-4-2019 by L.L. No. 32-2019]
This article shall expire on December 1, 2024, unless it is extended by the enactment of another local law pursuant to state authorization.