NY State Senate Bill 2023-S1982

Senate Bill S1982

2023-2024 Legislative Session

Relates to imposing liability on owners of motor vehicles for failure to comply with vehicle sound limits

download bill text pdf

Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Jan 18, 2023	referred to cities 1

co-Sponsors

2023-S1982 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Add §24-236.1, NYC Ad Cd; amd §87, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:: S6057

2023-S1982 (ACTIVE) - Summary

Imposes liability on owners of motor vehicles for failure to comply with vehicle sound limits in the city of New York.

2023-S1982 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1982

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to imposing liability on owners of motor vehicles for failure
to comply with vehicle sound limits; to amend the public officers law,
in relation to access to certain agency records; and providing for the
repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a noise camera demonstration program for motor vehicles in
the City of New York.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 24-236.1 to the New York
City Administrative Code to allow the City to establish a noise camera
demonstration program within the five boroughs. Such demonstration
program shall monitor compliance with motor vehicle noise limits

prescribed in the New York City Noise Control Code, found in Chapter 2
of Title 24 of the New York City Administrative Code and the penalties
therein. Limitation on motor vehicle noise can specifically be found in
Section 24-236 of the New York City Administrative Code while the civil
fines are described in subdivision (b) of Section 24-257 of the Adminis-
trative Code.

Section two of this bill amends section 87 of the Public Officers Law to
allow agencies to exempt photographs, videotape, or other recorded
images of vehicles violating the New York City Noise Control Code pursu-
ant to the demonstration program established herein from the Freedom of
Information Law, which is consistent with existing law for photographs
and images produced by the City's existing speed camera demonstration
program.

Section three of this bill is an unconsolidated section to establish
that the procurement of all cameras and other equipment needed to set up
a noise camera demonstration program is subject to the standards for
public contracts provided in Section 103 of the General Municipal Law.

Section four of this bill provides the effective date.

 
JUSTIFICATION:

As the streets of New. York City have emptied out during the coronavirus
pandemic, complaints of illegal drag racing and speeding have skyrocket-
ed. As of June 14th, 2020, more than 400 New Yorkers had called 311 to
complain about drag racing since the beginning of the city's shelter-in-
place order on March 20th - more than four times the volume of
complaints in the same time period the year prior. Car and motorcycle
owners will frequently make modifications to the muffler and exhaust
system of their vehicles in order to increase the noise pollution emit-
ted from such vehicles during drag racing, and while New York City's
landmark Noise Control Code, amended in Local Law 113 of 2005 to include
noise from motor vehicles, places stringent limits on such noise
pollution, enforcement remains elusive.

This bill would follow the example of other global cities such as London
and Singapore which have deployed cameras to catch vehicles violating
local noise regulations. A noise camera pilot program established in
this legislation, modeled after New York City's existing, successful
speed camera program, would provide for unbiased yet thorough enforce-
ment of legal noise limits while requiring the city to issue regular
reports to the legislature so that it may make adjustments to the
program as needed. Excessive noise is not simply an annoyance or incon-
venience; the World Health Organization has labeled it an "underesti-
mated threat," and in a country where one in four people will suffer
from loss of hearing, it represents an undue burden on people that do
not have the resources to shield themselves from noise pollution.

 
PRIOR LEGISLATIVE HISTORY:

2022: S6057 - Referred to Cities 1

2021: S6057 - Referred to Cities 1

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after which it shall have
become law and shall expire 3 years after such effective date.

2023-S1982 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1982
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. GOUNARDES, GIANARIS, HOYLMAN-SIGAL, KRUEGER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Cities 1
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to imposing liability on owners of motor vehicles for failure
   to comply with vehicle sound limits; to amend the public officers law,
   in relation to access to certain agency records; and providing for the
   repeal of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 24-236.1 to read as follows:
   § 24-236.1 OWNER LIABILITY FOR FAILURE TO COMPLY  WITH  MOTOR  VEHICLE
 SOUND  LIMITS.  (A)  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (1) "DECIBEL READER" SHALL REFER TO A  MEASURING  INSTRUMENT  USED  TO
 ASSESS  NOISE  OR  SOUND  LEVELS  BY  MEASURING SOUND PRESSURE AND WHICH
 EXPRESSES SUCH LEVEL IN THE UNIT OF A DECIBEL (DB).
   (2) "LESSEE" SHALL MEAN ANY PERSON,  CORPORATION,  FIRM,  PARTNERSHIP,
 AGENCY,  ASSOCIATION  OR  ORGANIZATION  THAT  RENTS,  BAILS,  LEASES  OR
 CONTRACTS FOR THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE  USE
 THEREOF FOR ANY PERIOD OF TIME.
   (3)  "LESSOR"  SHALL  MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
 AGENCY, ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS  OF  RENTING
 OR  LEASING  VEHICLES  TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT,
 LEASE OR OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE  EXCLUSIVE
 USE OF SAID VEHICLE FOR ANY PERIOD OF TIME.
   (4)  "MANUAL UNIFORM TRAFFIC-CONTROL DEVICE" OR "MUTCD" SHALL MEAN THE
 MANUAL AND  SPECIFICATIONS  FOR  A  UNIFORM  SYSTEM  OF  TRAFFIC-CONTROL
 DEVICES  MAINTAINED BY THE STATE COMMISSIONER OF TRANSPORTATION PURSUANT
 TO SECTION SIXTEEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01542-02-3

 S. 1982                             2
 
   (5) "MOTOR VEHICLE OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNER-
 SHIP, FIRM, AGENCY, ASSOCIATION, LESSOR, OR ORGANIZATION WHO AT THE TIME
 OF THE ISSUANCE OF A NOTICE OF VIOLATION:
   (I) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE;
   (II) HAS TITLE TO SUCH VEHICLE;
   (III)  IS  THE  REGISTRANT  OR  CO-REGISTRANT OF SUCH VEHICLE WHICH IS
 REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS  STATE  OR  ANY
 OTHER  STATE,  TERRITORY,  DISTRICT, PROVINCE, NATION OR OTHER JURISDIC-
 TION;
   (IV) USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS;
 OR
   (V) IS AN OWNER OF SUCH VEHICLE AS  DEFINED  BY  SECTION  ONE  HUNDRED
 TWENTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW.
   PROVIDED  THAT  "MOTOR  VEHICLE"  SHALL  RETAIN  THE  SAME  MEANING AS
 PROVIDED IN SUBDIVISION THIRTY-EIGHT OF SECTION 24-203 OF THIS CHAPTER.
   (6) "MOTOR VEHICLE NOISE LIMITS"  SHALL  REFER  TO  THE  NOISE  LIMITS
 PRESCRIBED IN SECTION 24-236 OF THIS SUBCHAPTER.
   (7)  "NOTICE  OF  VIOLATION"  SHALL  REFER  TO THE NOTICE DESCRIBED IN
 SECTION 24-259 OF THIS CODE.
   (8) "OPERATORS OF PHOTO NOISE VIOLATION MONITORING SYSTEMS" SHALL MEAN
 ANY NATURAL OR LEGAL PERSON AUTHORIZED TO SET UP, TEST, OR  OPERATE  THE
 NOISE  VIOLATION  MONITORING  SYSTEM DESCRIBED HEREIN BY THE CITY OF NEW
 YORK.
   (9) "PHOTO NOISE MONITORING SYSTEM" SHALL MEAN A MOBILE OR FIXED VEHI-
 CLE SENSOR INSTALLED TO WORK  IN  CONJUNCTION  WITH  A  NOISE  MEASURING
 DEVICE SUCH AS A DECIBEL READER WHICH 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 THE MOTOR VEHICLE NOISE LIMITS PRESCRIBED IN SECTION 24-236  OF  THIS
 SUBCHAPTER.
   (B) (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CITY
 IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM OF PHOTO NOISE
 VIOLATION  MONITORING  SYSTEMS  TO MONITOR COMPLIANCE WITH MOTOR VEHICLE
 NOISE LIMITS. ANY VEHICLE FOUND TO BE VIOLATING  SUCH  LIMITS  SHALL  BE
 ISSUED A NOTICE OF VIOLATION AND SUBJECT TO THE CIVIL PENALTY PRESCRIBED
 IN  TABLE  I  OF  PARAGRAPH FIVE OF SUBDIVISION (B) OF SECTION 24-257 OF
 THIS CHAPTER.
   (2) NO PHOTO NOISE VIOLATION MONITORING SYSTEM SHALL  BE  USED  UNLESS
 (I)  ON  THE DAY IT IS TO BE USED IT HAS SUCCESSFULLY PASSED A SELF-TEST
 OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL CALIBRATION  CHECK
 PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVISION. THE CITY SHALL
 INSTALL  SIGNS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT
 A PHOTO NOISE VIOLATION MONITORING SYSTEM IS IN USE, IN CONFORMANCE WITH
 STANDARDS ESTABLISHED IN THE MUTCD.
   (3) OPERATORS OF PHOTO NOISE VIOLATION MONITORING SYSTEMS  SHALL  HAVE
 COMPLETED  TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
 ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL MAINTAIN A DAILY CAMERA LOG
 REPORT FOR EACH SUCH SYSTEM THAT (I) STATES THE DATE AND TIME WHEN,  AND
 THE LOCATION WHERE, THE SYSTEM WAS SET UP THAT DAY; AND (II) STATES THAT
 SUCH  OPERATOR  SUCCESSFULLY PERFORMED, AND THE SYSTEM PASSED, THE SELF-
 TESTS OF SUCH SYSTEM BEFORE PRODUCING A RECORDED  IMAGE  THAT  DAY.  THE
 CITY  SHALL  RETAIN EACH SUCH DAILY CAMERA LOG REPORT UNTIL THE LATER OF
 THE DATE ON WHICH THE PHOTO NOISE VIOLATION MONITORING SYSTEM  TO  WHICH
 IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION
 OF ALL CASES INVOLVING NOTICES OF VIOLATION ISSUED BASED ON PHOTOGRAPHS,
 S. 1982                             3
 
 MICROPHOTOGRAPHS,  VIDEO  OR  OTHER  RECORDED  IMAGES  PRODUCED  BY SUCH
 SYSTEM.
   (4)  EACH  PHOTO  NOISE  VIOLATION  MONITORING SYSTEM SHALL UNDERGO AN
 ANNUAL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORA-
 TORY WHICH SHALL ISSUE A SIGNED CERTIFICATE  OF  CALIBRATION.  THE  CITY
 SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE
 FINAL  RESOLUTION  OF  ALL  CASES INVOLVING A NOTICE OF VIOLATION ISSUED
 DURING SUCH YEAR WHICH  WERE  BASED  ON  PHOTOGRAPHS,  MICROPHOTOGRAPHS,
 VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  PRODUCED  BY  SUCH  PHOTO  NOISE
 VIOLATION MONITORING SYSTEM.
   (5) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF  MOTOR
 VEHICLE  NOISE  LIMITS  PURSUANT  TO  THIS SECTION THAT SUCH PHOTO NOISE
 VIOLATION MONITORING SYSTEM  WAS  MALFUNCTIONING  AT  THE  TIME  OF  THE
 ALLEGED VIOLATION.
   (6)  (I)  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLO-
 GIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO  NOISE
 VIOLATION  MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
 DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
 ER, THAT NO NOTICE OF VIOLATION ISSUED PURSUANT TO THIS SECTION SHALL BE
 DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH,  MICROPHOTOGRAPH,  VIDEOTAPE
 OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
 PASSENGERS,  OR  THE  CONTENTS  OF VEHICLES WHERE THE CITY SHOWS THAT IT
 MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF  THIS  SUBPARA-
 GRAPH IN SUCH CASE.
   (II)  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR ANY OTHER RECORDED
 IMAGE FROM A PHOTO NOISE VIOLATION MONITORING SYSTEM SHALL  BE  FOR  THE
 EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
 ITY  IMPOSED PURSUANT TO SECTION 24-257 OF THIS CHAPTER AND OF THE MOTOR
 VEHICLE OWNER RECEIVING A NOTICE OF VIOLATION, AND SHALL BE DESTROYED BY
 THE CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF VIOLATION  TO  WHICH
 SUCH  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
 RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE  OF  SUCH  NOTICE  OF
 VIOLATION,  WHICHEVER  IS LATER.   NOTWITHSTANDING THE PROVISIONS OF ANY
 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR  ANY  OTHER  RECORDED  IMAGE  FROM  A PHOTO NOISE
 VIOLATION MONITORING SYSTEM SHALL NOT BE AVAILABLE TO  THE  PUBLIC,  NOR
 SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT
 OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THER-
 EIN  EXCEPT  THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
 VIOLATION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER  OR  AGENT  THEREOF
 SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHO-
 TOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES FROM SUCH SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE  OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH  WARRANT  ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX  HUNDRED  NINETY  OF  THE  CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
 AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE  SUCH
 SEARCH  WARRANT  STATES  THAT  THERE IS REASONABLE CAUSE TO BELIEVE SUCH
 INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS  TO  DEMONSTRATE  THAT,  A
 MISDEMEANOR  OR  FELONY  OFFENSE  WAS COMMITTED IN THIS STATE OR ANOTHER
 STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION  OF  A
 MISDEMEANOR  OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
 S. 1982                             4
 
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH  OFFENSE
 WOULD,  IF  OCCURRING  IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
 AGAINST THE LAWS OF THIS STATE;
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
 FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
 LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
 ACTION OR PROCEEDING.
   (7)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON  INSPECTION  OF
 PHOTOGRAPHS,   MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES
 PRODUCED BY A PHOTO NOISE VIOLATION MONITORING SYSTEM,  SHALL  BE  PRIMA
 FACIE  EVIDENCE  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICRO-
 PHOTOGRAPHS, VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH  A
 VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
 REAR  OF  THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR
 THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR  INSPECTION  REASONABLY  IN
 ADVANCE  OF  AND  AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
 VIOLATION PURSUANT TO SUBCHAPTER EIGHT OF THIS CHAPTER.
   (8) A NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS  MAIL  TO  EACH
 PERSON  ALLEGED TO BE LIABLE AS A MOTOR VEHICLE OWNER FOR A VIOLATION OF
 MOTOR VEHICLE NOISE LIMITS, WITHIN FOURTEEN BUSINESS DAYS IF SUCH  OWNER
 IS  A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
 OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE  OWNER  SHALL  NOT  BE
 REQUIRED.  A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
 NARY COURSE OF BUSINESS SHALL BE  PRIMA  FACIE  EVIDENCE  OF  THE  FACTS
 CONTAINED THEREIN.
   (9)  A  NOTICE  OF VIOLATION SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS A MOTOR VEHICLE OWNER FOR A VIOLATION  OF
 MOTOR  VEHICLE  NOISE  LIMITS,  AS DOCUMENTED BY A PHOTO NOISE VIOLATION
 MONITORING SYSTEM, THE REGISTRATION NUMBER OF THE  VEHICLE  INVOLVED  IN
 SUCH  VIOLATION,  THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE
 AND TIME OF SUCH VIOLATION, THE  IDENTIFICATION  NUMBER  OF  THE  CAMERA
 WHICH  RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AT LEAST
 TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE MOTOR  VEHICLE  THAT
 INCLUDE  THE  SAME  STATIONARY  OBJECT  NEAR  THE MOTOR VEHICLE, AND THE
 CERTIFICATE CHARGING THE VIOLATION, WHICH SHALL BE  A  STATEMENT  WITHIN
 THE  NOTICE  OF  VIOLATION  THAT  AN  OWNER VIOLATED MOTOR VEHICLE NOISE
 LIMITS PURSUANT TO THIS SECTION AND IS LIABLE FOR PENALTIES  IN  ACCORD-
 ANCE WITH THIS SECTION.
   (10)  THE  NOTICE  OF VIOLATION 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 IN A  HEARING  PURSUANT  TO  SECTION
 24-263 OF THIS CHAPTER.
 S. 1982                             5
 
   (11)  IF A MOTOR VEHICLE OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT
 TO THIS SECTION FOR ANY TIME PERIOD DURING  WHICH  THE  VEHICLE  OR  THE
 NUMBER  PLATE  OR  PLATES  OF  SUCH  VEHICLE  WAS REPORTED TO THE POLICE
 DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE  A  VALID  DEFENSE  TO  AN
 ALLEGATION  OF  LIABILITY  FOR A VIOLATION OF MOTOR VEHICLE NOISE LIMITS
 THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH 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 PARAGRAPH, IT SHALL BE SUFFICIENT
 THAT  A  CERTIFIED  COPY  OF  THE POLICE REPORT ON THE STOLEN VEHICLE OR
 NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST  CLASS  MAIL  TO
 THE ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK.
   (12)  A  MOTOR  VEHICLE  OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A
 NOTICE OF VIOLATION IS ISSUED SHALL NOT BE LIABLE FOR THE  VIOLATION  OF
 MOTOR VEHICLE NOISE LIMITS, PROVIDED THAT:
   (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH THE ENVIRON-
 MENTAL CONTROL BOARD OF THE CITY OF NEW  YORK  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THE VEHICLE AND TRAFFIC
 LAW; AND
   (II)  WITHIN  THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BOARD
 OF THE DATE AND TIME OF THE VIOLATION, TOGETHER WITH THE OTHER  INFORMA-
 TION  CONTAINED  IN  THE NOTICE OF VIOLATION, THE LESSOR SUBMITS TO SUCH
 BOARD THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE  IDENTI-
 FIED  IN THE NOTICE OF VIOLATION AT THE TIME OF SUCH VIOLATION, TOGETHER
 WITH SUCH ADDITIONAL INFORMATION CONTAINED  IN  THE  RENTAL,  LEASE,  OR
 OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY SUCH BOARD
 PURSUANT TO REGULATIONS PROMULGATED FOR SUCH PURPOSE.
   (13) FAILURE TO COMPLY WITH THE PROVISIONS OF PARAGRAPH TWELVE OF THIS
 SUBDIVISION SHALL RENDER THE MOTOR VEHICLE OWNER LIABLE FOR THE  PENALTY
 PRESCRIBED  IN  TABLE  I OF PARAGRAPH FIVE OF SUBDIVISION (B) OF SECTION
 24-257 OF THIS CHAPTER.
   (14) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH TWELVE
 OF THIS SUBDIVISION, 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 SUCH VIOLATION PURSU-
 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF VIOLATION PURSUANT  TO
 PARAGRAPH EIGHT OF THIS SECTION.
   (15)  IF THE MOTOR VEHICLE OWNER LIABLE FOR A VIOLATION OF MOTOR VEHI-
 CLE NOISE LIMITS 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.
   (16) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER  OF
 A  VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO TABLE
 I OF PARAGRAPH FIVE OF SUBDIVISION (B) OF SECTION 24-257 OF THIS CHAPTER
 IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE  WITHOUT  THE
 CONSENT  OF THE OWNER AT THE TIME OF THE VIOLATION. FOR PURPOSES OF THIS
 PARAGRAPH THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE
 WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME  OF
 SUCH VIOLATION.
   (C) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
 (B) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT AN ANNUAL REPORT
 ON THE RESULTS OF THE USE OF PHOTO NOISE VIOLATION MONITORING SYSTEMS TO
 THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY ON OR BEFORE JUNE FIRST OF THE YEAR IN WHICH  THIS  SECTION
 IS  ENACTED  AND  ON  THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE
 DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE:
 S. 1982                             6
 
   (1) THE LOCATIONS WHERE AND DATES WHEN PHOTO NOISE VIOLATION  MONITOR-
 ING SYSTEMS WERE USED;
   (2)  THE  NUMBER OF VIOLATIONS RECORDED WITHIN THE CITY, IN THE AGGRE-
 GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   (3) THE TOTAL NUMBER OF NOTICES OF  VIOLATION  ISSUED  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   (4) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
 NOTICE OF VIOLATION ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   (5) THE NUMBER OF VIOLATIONS ADJUDICATED IN ACCORDANCE WITH SUBCHAPTER
 EIGHT  OF  THIS  CHAPTER AND THE RESULTS OF SUCH ADJUDICATIONS INCLUDING
 BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   (6) THE TOTAL AMOUNT OF REVENUE REALIZED BY  THE  CITY  IN  CONNECTION
 WITH THE PROGRAM;
   (7)  THE EXPENSES INCURRED BY THE CITY IN CONNECTION WITH THE PROGRAM;
 AND
   (8) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (s) to read as follows:
   (S) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED UNDER THE AUTHORITY OF SECTION 24-236.1 OF THE ADMINIS-
 TRATIVE CODE OF THE CITY OF NEW YORK.
   § 3. The purchase or lease of equipment for  a  demonstration  program
 pursuant  to  section 24-236.1 of the administrative code of the city of
 New York shall be subject to the provisions of section 103 of the gener-
 al municipal law.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law  and shall expire 3 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

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Senate Bill S1982

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Sponsored By

Andrew Gounardes