[HISTORY: Adopted by the Legislature of the County of Monroe 8-9-2022 by L.L. No. 3-2022. Amendments noted where applicable.]
Defined terms used in this chapter shall have the same meanings
as ascribed to them below:
Monroe County.
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.
Any school district wholly contained within Monroe County
except for the Rochester City School District.
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 the County of Monroe.
B.
To carry out the demonstration program, the County is authorized
to enter into an agreement with a school district for the installation,
maintenance, and use of school bus photo violation monitoring systems
as well as proper handling and custody of data received by the school
bus cameras, subject to the provisions of § 1174-a of the
New York Vehicle and Traffic Law. Once a school district has entered
into an agreement with the County, cameras shall be installed on school
buses owned or operated by that school district or privately owned
and operated for compensation under a contract with such school district.
A.
The total cost to a school district of the installation, maintenance,
and use of school bus photo violation monitoring systems pursuant
to an agreement authorized by this chapter shall be borne entirely
by the County.
B.
A school district shall provide any information necessary or desirable
to the County in order to meet its reporting requirements under § 1174-a
of the Vehicle and Traffic Law.
C.
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 chapter, 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.
D.
Photographs, microphotographs, videotapes, other recorded images
and data produced by school bus photo violation monitoring systems
shall be destroyed:
E.
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:
(3)
Oversight procedures to ensure compliance with the privacy protection
measures required herein.
F.
The County shall 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.
A.
An owner liable for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this chapter shall
be liable for monetary penalties in accordance with the following
schedule of fines and penalties:
(1)
$250 for a first violation;
(2)
$275 for a second violation committed within 18 months of the first
violation;
(3)
$300 for a third violation or subsequent violation all of which were
committed within 18 months from the first violation; and
(4)
An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time period.
B.
An imposition of liability under this chapter 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 motor vehicle insurance
coverage.
C.
All fines and penalties collected pursuant to this chapter shall
be deposited with the County of Monroe County Finance Department.
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.
The notice of liability shall be prepared and mailed by the County,
or by any other entity authorized by the County.
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.
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.
D.
A 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, and 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 chapter 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 chapter
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 the purpose of i) this section, and ii)
this chapter, 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 chapter
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 chapter 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 chapter 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 the thirty-seven-day time period shall render the owner liable for the penalty prescribed by this chapter. 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 chapter and shall be sent a notice of liability pursuant to § 341-4 of this chapter.
D.
A certificate, sworn to or affirmed by a technician employed by the
County, or a facsimile thereof, upon inspection of photographs, microphotographs,
videotapes, and 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,
and 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 chapter that such school bus stop-arms
were malfunctioning at the time of the alleged violation.
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by the court of competent jurisdiction
in the County of Monroe or in another 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 chapter 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 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
chapter.
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 chapter 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.
