[HISTORY: Adopted by Dutchess County as indicated in article
histories. Amendments noted where applicable.]
[Adopted 6-13-1955 by L.L. No. 5-1955]
The County Legislature of the County of Dutchess shall hereby
have the power to adopt and enforce rules, regulations or ordinances
covering the use of or parking on all County-owned lands and property
in accordance with and subject to the provisions of the statute in
such cases made and provided.
This article shall take effect August 1, 1955.
[Adopted 12-5-2019 by L.L. No. 1-2020]
For the purposes of this article, the following terms shall
have the following meanings:
The County of Dutchess.
The manual and specifications for a uniform system of traffic
control devices maintained by the Commissioner of the Department of
Transportation pursuant to § 1680 of the New York Vehicle
Traffic Law.
Shall have the meaning provided in § 239 of the
New York Vehicle and Traffic Law.
A device that is capable of operating independently of an
enforcement officer which is installed to work in conjunction with
a school bus stop-arm and which automatically produces two or more
photographs, two or more microphotographs, a videotape or other recorded
images of a vehicle at the time it is used or operated in violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law.
A.
There is
hereby established, pursuant to § 1174-a of the New York
State Vehicle and Traffic Law, a demonstration program imposing monetary
liability on owners of vehicles for failure of the operators thereof
to comply with § 1174 of the New York State Vehicle and
Traffic Law when meeting a school bus marked and equipped as provided
in Subdivisions 20 and 21-c of § 375 of the New York State
Vehicle and Traffic Law in Dutchess County.
B.
Under such
demonstration program the County is hereby authorized to install and
operate school bus photo violation monitoring systems which may be
stationary or mobile, and which may be installed, pursuant to an agreement
with a school district within the County on school buses owned and/
or operated by such school district; provided, however, that:
(1)
No
stationary school bus photo violation monitoring system shall be installed
or operated by the County, except on roadways under the jurisdiction
of the County; and
(2)
No
mobile school bus photo violation monitoring system shall be installed
or operated on any such school buses unless the County and such school
district enter into an agreement for such installation and operation.
C.
To carry out the demonstration program, the County, acting by and through the County Executive, is authorized to enter into agreement with school districts for the installation, maintenance and use of school bus photo violation monitoring systems, for the proper handling and custody of photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the County, subject to the provisions of this § 275-4 and § 1174-a of the New York Vehicle and Traffic Law and approval of the County Legislature. [NOTE: For informational purposes only, § 1174-a(1-a) of the Vehicle and Traffic Law requires the "governing body" approve the contract with the participating schools. Accordingly, a model contract will be submitted to the County Legislature for approval after negotiating the same with BOCES or local participating school districts.]
D.
Nothing
in this article shall be construed to prevent the County or school
district at any time from withdrawing from or terminating an agreement
for the installation, maintenance and use of school bus photo violation
monitoring systems; provided, however, that the County or the school
district shall provide no less than thirty days' required notice to
the other for such withdrawal, if any, prior to such withdrawal.
E.
Cost of
program and reports relating thereto.
(1)
The
total cost to the school district of the installation, maintenance
and use of school bus photo violation monitoring systems pursuant
to an agreement authorized by this local law shall be borne entirely
by the County.
(2)
Any
participating school district, acting by and through the Superintendent
of Schools of such district, or his or her designee shall provide
any report required of the district, pursuant to § 1174-a
of the Vehicle and Traffic Law, to the State or any official thereof.
(3)
To
the extent that the County shall be required to issue any report to
the state or any official thereof as a result of the adoption of this
article and/or § 1174-a of the Vehicle and Traffic Law,
the Dutchess County Department of Planning STOP- DWI/Traffic Safety
Coordinator shall cause the same to be prepared pursuant to this article
or applicable state law.
F.
Pursuant
to § 1174-a (a)(3)(i) of the Vehicle and Traffic Law, any
school district participating in the demonstration program shall be
prohibited from accessing any photographs, microphotographs, videotapes,
other recorded images and data from school bus photo violation monitoring
systems but shall provide, pursuant to the agreement with the County,
as provided in this article, for the proper handling and custody of
such photographs, microphotographs, videotapes, other recorded images
and data produced by such systems, and for the forwarding of such
photographs, microphotographs, videotapes, other recorded images and
data to the County for the purpose of determining whether a motor
vehicle was operated in violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law and imposing monetary liability
on the owner of such motor vehicle therefor.
G.
The agreement
between the County and the school district shall provide that photographs,
microphotographs, videotapes, other recorded images and data produced
by school bus photo violation monitoring systems shall be destroyed
(a) 90 days after the date of the alleged imposition of liability
if a notice of liability is not issued for such alleged imposition
of liability pursuant to this article or (b) upon final disposition
of a notice of liability issued pursuant to this article.
H.
The County
shall adopt and enforce measures to protect the privacy of drivers,
passengers, pedestrians and cyclists whose identity and identifying
information may be captured by a school bus photo monitoring device.
Such measures shall include:
(1)
Utilization
of necessary technologies to ensure, to the extent practicable, that
photographs produced by such school photo violation monitoring systems
shall not include images that identify the driver, the passengers,
the contents of the vehicle, pedestrians and cyclists; 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 a vehicle, provided that the
County has made a reasonable effort to comply with the provisions
of this subsection;
(2)
A prohibition
of the use or dissemination of vehicles' license plate information
and other information and images captured by school bus photo violation
monitoring systems except: (a) as required to establish liability
under this section or collect payment of penalties; (b) as required
by court order; or (c) as otherwise required by law;
(3)
Oversight
procedures to ensure compliance with the privacy protection measures
required herein.
I.
The County,
acting by and through the Commissioner of the Department of Public
Works (DPW) shall also undertake the installation of signage in conformance
with standards established in the Manual of Uniform Traffic Control
Devices. Such signage shall be installed at each roadway entrance
of the jurisdictional boundaries of the County giving notice that
school bus photo violation monitoring systems are used to enforce
restrictions on vehicles violating § 1174 of the New York
Vehicle and Traffic Law. For the purposes of this subsection, the
term "roadway" shall not include state expressway routes or state
interstate routes but shall include controlled-access highway exit
ramps that enter the boundaries of the County.
An owner liable for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this article shall
be liable for monetary penalties in accordance with the following
schedule of fines and penalties:
A.
$250 for
a first violation;
B.
$275 for
a second violation committed within 18 months of the first violation;
C.
$300 for
a third violation or subsequent violation all of which were committed
within 18 months from the first violation; and
D.
An additional
penalty of $25 for each violation for the failure to respond to a
notice of liability within the prescribed time period.
A.
A notice
of liability shall be sent as provided by state law by first-class
mail to each person alleged to be liable as an owner for a violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law. Personal delivery 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.
To the extent that state law does not preclude the County from causing
such mailing to be made, the County shall undertake or cause to be
undertaken such mailing.
B.
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 (a) of § 1174
of the New York Vehicle and Traffic Law, 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.
C.
(i) A 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. (ii) The notice
of liability may contain such other information as the entity causing
such notice of liability to be mailed deems appropriate to communicate
the law, the adjudicatory process if the addressee of the notice wishes
to contest the notice of liability.
A.
The owner
of a vehicle shall be liable for a penalty imposed pursuant to this article
if such vehicle was used or operated with the permission of the owner,
express or implied, in violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law and such violation is evidenced
by information obtained from a school bus photo violation monitoring
system; provided, however, that no owner of a vehicle shall be liable
for a penalty imposed pursuant to this article where the operator
of such vehicle has been convicted of the underlying violation of
Subdivision (a) of § 1174 of the New York State Vehicle
and Traffic Law. For purpose of (i) this section; and (ii) this article,
there shall be a presumption that such vehicle was used and operated
with the consent of the owner at the time it was used and operated
in violation of Subdivision (a) of § 1174 of the New York
Vehicle and Traffic Law.
B.
If the
owner receives a notice of liability pursuant to this article for
any time period during which the vehicle was reported to the police
as having been stolen, it shall be a valid defense to an allegation
of liability for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this article 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 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 or delivered to a court of competent
jurisdiction or parking violations bureau having jurisdiction where
any contested notice of liability would otherwise be determined.
C.
An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this article shall not be liable for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law, provided that he or she complies with the provisions of § 1174-a of the New York Vehicle and Traffic Law and otherwise sends to the Court of competent jurisdiction, or other adjudicatory bureau or agency of competent jurisdiction, 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 the agency or entity which caused such notice of liability to be issued, together with the information contained in the original notice of liability. Failure to send such information within thirty-seven-day time period shall render the owner liable for the penalty prescribed by this article. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle for purposes of this section, shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this section, shall be subject to liability for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article and shall be sent a notice of liability pursuant to § 275-6 of this article.
D.
A certificate,
sworn to or affirmed by a technician employed by the County, or a
facsimile thereof, upon inspection of photographs, microphotographs,
videotapes, other recorded images produced by a school bus photo violation
monitoring system, shall be prima facie evidence of the facts contained
therein. Any photographs, microphotographs, videotapes, other recorded
images evidencing such a violation shall be available for inspection
in any proceeding to adjudicate the liability for such violation.
E.
It shall
be a defense to any prosecution for or allegation of a violation of
Subdivision (a) of § 1174 of the New York Vehicle and Traffic
Law pursuant to this article that such school bus stop-arms were malfunctioning
at the time of the alleged violation.
F.
For the
purpose of informing and educating owners for motor vehicles in this
County during the first thirty-day period in which a school bus photo
violation monitoring system is in operation pursuant to the provisions
of this article, all owners of motor vehicles who would otherwise
be held liable for failure of operators thereof to comply with § 1174
of the New York Vehicle and Traffic Law when meeting a school bus
marked and equipped as provided in Subdivisions 20 through 21-c of
§ 375 of such law shall be issued a written warning in lieu
of a notice of liability.
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by the Court of competent jurisdiction
in Dutchess County or in another other manner pursuant to the New
York State Vehicle and Traffic Law.
If the owner held liable for a violation of Subdivision (a)
of § 1174 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.
A.
The County,
acting by and through the Dutchess County Department of Planning STOP-DWI/Traffic
Safety Coordinator shall develop and cause to be submitted an annual
report on the results of the use of a school bus photo violation monitoring
system to the Governor, the temporary president of the Senate and
the speaker of the Assembly on or before June 1 of each year in which
the demonstration program is operable. Such report shall include any
information required by § 1174-a(m) of the New York Vehicle
and Traffic Law to be included as a result of the enactment of this
article.
B.
Pursuant
to the requirements of § 1174-a of the New York State Vehicle
and Traffic Law, courts, bureaus, and agencies conducting adjudications
as a result of this article shall report at least annually to the
County on the quality of the adjudication process and its results
including the total number of hearings scheduled, rescheduled, and
held; the total number of persons scheduled for such hearings; the
total number of cases where fines were paid on or before the hearing
date; and the total number of default judgments entered.
C.
The County, acting by and through the Dutchess County Department of Planning STOP-DWI/Traffic Safety Coordinator shall annually provide a copy of the annual report submitted pursuant to Subsections A and B of this section, to each local law enforcement agency having jurisdiction to enforce violations of the Vehicle and Traffic Law or any ordinance, rule or regulation relating to traffic adopted pursuant to such law on roadways within the County.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect immediately upon full compliance
with all the requisite statutes and laws applicable to its adoption
and promulgation.
