[HISTORY: Adopted by the Town Board of the Town of Southampton 10-10-2023 by L.L. No.
31-2023. Amendments noted where applicable.]
New York State imposed liability on the owners of motor vehicles
for failing to stop when school buses display red visual signals and
the bus stop-arm is deployed. The Town of Southampton hereby enacts
this chapter in order to ratify procedures for adjudication of VTL
1174-a liability notices as established by consensus evidenced by
court order of the sitting Judges of the Southampton Town Justice
Court.
As used in this chapter, the following terms shall have the
meanings indicated:
A lawyer qualified and appointed by the Southampton Town
Board for the limited purpose of conducting administrative hearings
and adjudicating VTL 1174-a liability notices following such hearings.
County of Suffolk.
The manual and specifications for a uniform system of traffic
control devices maintained pursuant to NYS VTL § 1680.
New York State Vehicle and Traffic Law.
Shall have the meaning provided in NYS VTL § 239.
Photographs, microphotographs, videotapes, other recorded
images or data created with respect to the program authorized by this
chapter.
A device that is capable of operating independently of an
operator or enforcement officer, specifically installed to work in
conjunction with a school bus stop-arm, which device when triggered
produces records of images of a vehicle being used or operated in
violation of NYS VTL § 1174-a.
An administrative law judge/s designated by the Justice Court
to conduct and adjudicate VTL 1174-a notices of liability. Such hearings
shall take place at a Town facility outside of the Southampton Town
Justice Court during the same hours as the Justice Court. Hearings
may be conducted virtually. Nothing contained within this chapter
shall authorize an administrative law judge operating under the authority
of the Traffic Violation Bureau to deprive a person of their right
to counsel, or prevent a person from exercising their right to appear
to answer to, explain, or defend any charge of violation of NYS VTL
§ 1174-a. An administrative law judge shall not have the
power to issue a warrant. An administrative law judge shall not set
any form of bail in any instance.
An administrative law judge/s designated by the Justice Court
to conduct and adjudicate VTL 1174-a notices of liability shall only
have jurisdiction to hold hearings for such purpose for the Town of
Southampton, as well as incorporated villages within the Town of Southampton,
pursuant to a duly executed intermunicipal agreement conferring such
jurisdiction upon the Southampton Town Justice Court's designated
administrative law judge/s.
Pursuant to the authorization provided by NYS VTL § 1174-a,
there is hereby established a program imposing monetary liability
on owners of vehicles where operators of the owner's vehicle
violate NYS VTL § 1174-a.
A.
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 chapter shall be borne entirely
by the county/school district.
B.
Any cost or expense not addressed by NYS VTL § 1174-a,
Subdivision (a)1-b, shall be allocated by agreement, or as otherwise
required by law.
A.
Subject to the procedures, rules and standards of conduct set forth
in NYS VTL § 1174-a, the owner of a vehicle shall be liable
for a penalty imposed pursuant to this chapter if the owner's
vehicle was used or operated with the permission of the owner, express
or implied, in violation of NYS VTL § 1174-a.
B.
The Southampton Town Police Department shall review allegations of
violations from the school districts with whom the county contracts
under this program and prepare the notices required by NYS VTL § 1174-a,
Subdivision (g).
(1)
Each notice shall contain the content required by NYS VTL § 1174-a,
Subdivision (g).
(2)
The Southampton Town Police Department shall take such steps as necessary
to ensure notices are delivered in the manner described in NYS VTL
§ 1174-a, Subdivision (g).
(3)
The Southampton Town Police Department may contract with a nonmunicipal
entity to undertake these responsibilities.
Where an operator of a vehicle violates the standards set forth
in NYS VTL § 1174-a, Subdivision (b), liability may be imposed
upon a vehicle owner by a Town Board appointed administrative law
judge, as designated by the court, and serving the court of competent
jurisdiction that has jurisdiction over the location where the violation
occurred in the manner, and upon the proof permitted by, NYS VTL § 1174-a,
or in any other manner or other proof permitted by law. An administrative
law judge shall only have jurisdiction to find a vehicle "liable"
or "not liable" for an alleged offense of NYS VTL § 1174-a.
An administrative law judge may not engage in any plea bargaining
or render any decision outside of a determination of "liable" or "not
liable."
An owner of a vehicle who has received a notice of liability
charging NYS VTL § 1174-a, within the time specified in
said notice, may answer online (website address must be provided upon
the notice of liability) writing, waiving a hearing in court, pleading
guilty to the charge pay the applicable fine. Acceptance of the prescribed
fine shall be deemed complete satisfaction for the violation, and
the violator shall be given a receipt.
A.
An owner liable for a violation of this chapter shall be liable for
those monetary penalties set forth in NYS VTL § 1174-a,
Subdivision (e); and fines shall be paid. Payment instructions shall
be provided upon the notice of liability.
B.
An additional penalty for each violation for the failure to respond
to a notice of liability within the prescribed time period.
C.
For purpose of this chapter, there is a rebuttable presumption that
a vehicle was used and operated with the consent of the owner at the
time it was used and operated in violation of NYS VTL § 1174-a.
D.
If the owner receives a notice of liability pursuant to this chapter
for a violation, it shall be a valid defense that the alleged violation
took place at a time during which the vehicle was reported to the
police as having been stolen and 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.
E.
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 NYS VTL § 1174-a.
