[HISTORY: Adopted by the Council of the City of New Rochelle 1-19-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 312.
A.
Notwithstanding any other provision of law, the City of New Rochelle
is hereby authorized and empowered to establish a demonstration program
imposing monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with traffic control indications
in accordance with the provisions of this section. The Police Department
and the Traffic Engineer, for purposes of implementation of such program,
shall be authorized to install and operate traffic control signal
photo violation monitoring devices at no more than 12 intersections
at any one time.
B.
Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic control signal photo violation monitoring system shall not
include images that identify the driver, the passengers or the contents
of the vehicle; provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of the
vehicle, provided that the City of New Rochelle has made a reasonable
effort to comply with the provisions of this subsection.
C.
The owner of a vehicle shall be liable for a penalty imposed pursuant
to this section if such vehicle was used or operated with the permission
of the owner, express or implied, in violation of Subdivision (d)
of § 1111 of the New York State Vehicle and Traffic Law
and such violation is evidenced by information obtained from the traffic
control signal photo violation monitoring system.
D.
Notwithstanding any other provision of this section, no owner of
a vehicle shall be subject to a monetary fine imposed pursuant to
this section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed
to obey a traffic control indication. For purposes of this subsection,
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic control indication.
E.
For purposes of this section, "owner" shall mean any person, corporation,
partnership, firm, agency, association, lessor or organization who
at the time of the issuance of a notice of violation in which such
vehicle is operated:
(1)
Is the beneficial or equitable of such vehicle; or
(2)
Has title to such vehicle; or
(3)
Is the registrant or co-registrant of such vehicle which is registered
with the Department of Motor Vehicles of the State of New York or
any other state, territory, district, province, nation or other jurisdiction;
or
(4)
Uses such vehicle in its vehicle-renting and/or leasing business;
or
(5)
Is an owner of such vehicle as defined by § 128 or Subdivision
(a) of § 2101 of the Vehicle and Traffic Law.
F.
For purposes of this section, "traffic control signal photo violation-monitoring
system" shall mean a device installed to work in conjunction with
a traffic control signal which, during operation, 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 Subdivision (d) of § 1111 of the
Vehicle and Traffic Law.
G.
A certificate, sworn to or affirmed by a technician employed, hired
or contracted by the City of New Rochelle, or a facsimile thereof,
based upon inspection of photographs, microphotographs, videotape
or other recorded images produced by a traffic control signal photo
violation-monitoring system, shall be prima facie evidence of the
facts contained therein. Any photographs, microphotographs, videotape
or other recorded images evidencing such a violation shall be available
for inspection in any proceeding to adjudicate the liability of such
violation imposed pursuant to this section.
H.
An owner liable for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section 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 prescribed
time period. City Court of the City of New Rochelle shall adjudicate
liability imposed by this section.
I.
An imposition of liability under this section shall not be deemed
a conviction as an operator 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 motor vehicle
insurance coverage.
J.
A notice of liability shall be sent by first-class mail to each person
alleged to be liable as an owner for a violation of Subdivision (d)
of § 1111 of the Vehicle and Traffic Law pursuant to this
section. Personal service on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
K.
A notice of liability shall contain the name and address of the person
alleged to be liable as an owner for a violation of Subdivision (d)
of § 1111 of the Vehicle and Traffic Law pursuant to this
section, the registration number of the vehicle involved in such violation,
the location where such violation took place, the date and time of
such violation and the identification number of the camera which recorded
the violation or other document locator number.
L.
The notice of liability shall contain information advising the person
charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall
also contain a warning to advise the persons charged that 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.
M.
The notice of liability shall be prepared and mailed by the City
of New Rochelle or by any other entity authorized to do so by the
City.
N.
If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle is reported to the Police
Department as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section that the vehicle
had been reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. For the purposes
of asserting the defense provided by this subsection, it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first-class mail, return receipt requested, to
the City Court, City of New Rochelle.
O.
If the owner liable for a violation of Subdivision (d) of § 1111
of the Vehicle and Traffic Law pursuant to this section was not the
operator of the vehicle at the time of the violation, the owner may
maintain an action for indemnification against the operator.
P.
An owner who is a lessor of a vehicle to which a notice of liability
was issued pursuant to Subdivision J of this section shall not be
liable for the violation of Subdivision (d) of § 1111 of
the Vehicle and Traffic Law, provided that:
(1)
He or she sends to City Court, City of New Rochelle, a copy of the
rental, lease or other such contract document covering such vehicle
on the date of the violation, with the name and address of the lessee
clearly legible, within 37 days after receiving notice from City Court
of the date and time of such violation, together with the information
contained in the original notice of liability.
(2)
Failure to comply with Subsection P(1) of this section shall render the owner liable for the penalty prescribed in this section.
(3)
Where 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 purposes of this section, shall be subject to liability for such violation pursuant to this section and shall be sent a notice of liability pursuant to Subsection J of this section.
Q.
Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of Subsection (d) of
§ 1111 of the Vehicle and Traffic Law.
R.
The Police Commissioner or his or her designee shall submit to the
Governor, the temporary President of the Senate, the Speaker of the
Assembly and the City Council, an annual report on the results of
the use of a traffic control signal photo violation-monitoring system
on or before June 1, 2015, and on the same date in each succeeding
year, in which the demonstration program is operable. Such report
shall include, but not be limited to:
(1)
A description of the locations where traffic control signal photo
violation-monitoring systems were used.
(2)
The aggregate number, type and severity of accidents reported at
intersections where a traffic control signal violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the New York State
Department of Motor Vehicles.
(3)
The aggregate number, type and severity of accidents reported at
intersections where a traffic control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
New York State Department of Motor Vehicles.
(4)
The number of violations recorded at each intersection where a traffic
control signal photo violation-monitoring system is used and in the
aggregate on a daily, weekly and monthly basis.
(5)
The total number of notices of liability issued for violations recorded
by such systems.
(6)
The number of fines and total amount of fines paid after first notice
of liability issued for violations recorded by such systems.
(7)
The number of violations adjudicated and results of such adjudications,
including breakdowns of dispositions made for violations recorded
by such systems.
(8)
The total amount of revenue realized by the City from such adjudications.
(9)
Expenses incurred by the City in connection with the program.
(10)
Quality of the adjudication process and its results.
S.
It shall be a defense to any prosecution for a violation of Subdivision
(d) of § 1111 of the Vehicle and Traffic Law pursuant to
this section that such traffic control indications were malfunctioning
at the time of the alleged violation.
