[HISTORY: Adopted by the Common Council of the City of Rensselaer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-2022 by L.L. No. 10-2022]
A.
In April 2019, the Governor signed legislation (S04524-B/A04950)
authorizing local governments to enter into agreements with school
districts for the installation and operation of school bus photo violation
monitoring systems on school buses owned or operated by such school
districts.
B.
The state legislation allows local governments to impose liability
on the owners of motor vehicles for the failure of the drivers of
such vehicles to comply with the law prohibiting the overtaking and/or
passing of stopped school buses displaying red visual signals.
C.
Multiple jurisdictions across the state and country have enacted
similar legislation in response to a growing concern over the number
of violations that occur while a school bus stop-arm is deployed;
thereby endangering the lives of children.
D.
Technological advancements now allow for the monitoring, capture,
transfer and review of school bus stop-arm infractions in violation
of New York State Vehicle and Traffic Law. This Council finds that
the use of comprehensive school bus photo violation monitoring systems
can play an instrumental role in ensuring child safety and motorist
accountability throughout Rensselaer City.
For purposes of this article, the following terms shall have
the following meanings:
The City of Rensselaer.
The manual and specifications for a uniform system of traffic
control devices maintained by the Commissioner of Transportation pursuant
to § 1680 of the New York Vehicle and Traffic Law.
Shall have the meaning provided in Article 2-B 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 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 operation in violation of Subdivision
(a) of § 1174 of the New York Vehicle and Traffic Law.
A.
There is hereby established a demonstration program imposing monetary
liability on owners of vehicles for failure of the operators thereof
to comply with § 1174 of the New York Vehicle and Traffic
Law.
B.
Under such demonstration program the City is empowered 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 the school district within the City on school buses
owned and operated by such school district or privately owned and
operated for compensation under contract with such district; provided,
however, that:
(1)
No stationary school bus photo violation monitoring system shall
be installed or operated by the City except on roadways under jurisdiction
of the City.
(2)
No mobile school bus photo violation monitoring system shall be installed
or operated on any such school buses unless the City and such district
enter into an agreement for such installation and operation.
C.
The Mayor is hereby authorized to enter into agreements with the
City school district 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 section
and § 1174 of the New York State Vehicle and Traffic law.
D.
Nothing in this article shall be construed to prevent the City or
the school district at any time from withdrawing or terminating any
agreement entered into pursuant to this article; provided, however,
that the City or the school district shall provide no less than 30
days' notice to other signatories of such agreement before withdrawing
or terminating.
E.
The cost to the school district of the installation, maintenance
and uses of school bus photo violation monitoring systems pursuant
to an agreement authorized by this article shall be borne entirely
by the City. On or before September 1 of each year, the school district
shall determine and certify to the City the total cost to the school
district for the school year ending the preceding June 30 of installing,
maintaining and using such systems within the City, 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 produced by such systems to the City. On
or before the following December 1 of each year, the City shall pay
to the school district such cost so certified to it on or before the
preceding September 1.
F.
The City 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 violation
monitoring device. Such measures shall include:
(1)
The utilization of necessary technologies to ensure, to the extent
practicable, that photographs produced by such school bus violation
monitoring systems shall not include images that identify the driver,
the passengers, or the contents of the vehicle, pedestrians and cyclists.
However, a notice of liability issued pursuant to this section shall
not be dismissed solely because a photograph or photographs allow
for the identification of the contents of a vehicle; provided, however,
that the City has made reasonable efforts to comply with the provisions
of this subsection.
(2)
A prohibition on the use or dissemination of vehicle's 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. The installation
of signage in conformance with standards established in the MUTCD
at each roadway entrance of the jurisdictional boundaries of the City
giving notice that school bus photo violation monitoring systems are
used to enforce restrictions on vehicles violating § 1174
of the New York State Vehicle and Traffic Law. For 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 City; and
(3)
Oversight procedures to ensure compliance with the aforementioned
privacy protection measures.
An owner found liable for a violation of Subdivision (a) of
§ 1174 of the New York Vehicle and Traffic Law shall be
liable pursuant to this article for monetary penalties in accordance
with the following fee 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 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 by first class mail to each person
alleged to be liable as an owner of a vehicle, 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 delivery to the owner of
the vehicle.
B.
A notice of liability shall contain:
(1)
The name and current 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; and
(2)
The registration number of the vehicle involved in such violation;
and
(3)
The specific location where such violation took place, including
the name of the road/street, the abutting address, the city, county
and state; and
(4)
The date and time of such violation; and
(5)
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 owner
of the manner and the time in which he or she may contest the liability
alleged in the notice.
D.
Such notice of liability shall also contain a warning to advise the
owners 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.
E.
The notice of liability shall be prepared and mailed by the City,
or by an entity authorized by the City to prepare and mail said notice
of liability.
A.
The demonstration program established hereunder shall provide that
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 section
where the operator of such vehicle has been convicted of the underlying
violation of NY Vehicle and Traffic Law § 1174(a) pursuant
to this article. For purposes of this subsection, there shall be a
rebuttable presumption that such vehicle was used and operated with
the consent of the owner at the time it as used or operated in violation
of NY Vehicle and Traffic Law § 1174(a).
B.
If an 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 affirmative 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 stolen and 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 affirmative defense provided by
this subdivision, 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.
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 the entity or person sends to the court 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 of the date and time of such violation, together with the other information contained in the original notice of liability. Failure to send such information within such 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 on the date of such violation shall be deemed to be the owner of such vehicle for 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 § 142-5 of this article.
D.
A certificate sworn to or affirmed by a technician employed by the
City, or a facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or 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,
videotape or other recorded images evidencing such a violation shall
be available for inspection in any proceeding to adjudicate the liability
for such violation, and shall be preserved for said proceeding.
E.
It shall be a defense to any prosecution for 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, and said photographs, microphotographs,
videotape or other recorded images shall be made available to any
person or entity issued a notice of liability or violation to use
for a defense.
F.
For the purpose of informing and educating owners of motor vehicles
in this county, during the first thirty-day period in which a school
bus 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 Subdivision
(a) of § 1174 of the New York Vehicle and Traffic Law when
meeting a school bus marked and equipped as provided in Subdivisions
20 and 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 local municipality wherein
such violation occurred.
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 City shall submit an annual report on the results of the use
of a school bus photo violation monitoring system as required and
provided for in the New York Vehicle and Traffic Law § 1174-a(m).
B.
The City shall annually provide a copy of the annual report submitted
pursuant to this article 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.
