Council Member Golby introduced the following:

Ordinance Number 45.92.14

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TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM
'he City of lbany3 in Common Council con4ened3 doe5 hereby ordain and enact:
,ection 1. Cha6ter (59 of the Code of the City of lbany i5 hereby amended by adding a
new rticle 2#* to be entitled 7'raffic8Control ,ignal &hoto *iolation8Monitoring ,y5tem9
!'#C+$ 2#*
'raffic8Control ,ignal &hoto *iolation8Monitoring ,y5tem
: (5981(; Owner liability for failure of o6erator to com6ly with traffic8control indication5.
A. Notwithstanding any other provision of law, the Parking Violations Bureau is hereby authorized and
empowered to establish a demonstration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with trafficcontrol indications in accordance with the
provisions of this section. !he Police "epartment and the "ivision of !raffic #ngineering, for purposes
of implementation of such program, shall be authorized to install and operate trafficcontrol signal
photo violationmonitoring devices at no more than $% intersections at any one time.
B. &uch demonstration program shall utilize necessary technologies to ensure, to the e'tent
practicable, that photographs produced by such trafficcontrol signal photo violationmonitoring
systems shall not include images that identify the driver, the passengers or the contents of the vehicle(
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 )ity of Albany has made a reasonable effort to comply with the provisions of this subsection.
). !he owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle
was used or operated with the permission of the owner, e'press or implied, in violation of &ubdivision
*d+ of , ---- of the New .ork &tate Vehicle and !raffic /aw, *hereinafter Vehicle and !raffic /aw+ and
such violation is evidenced by information obtained from a trafficcontrol signal 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 &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw.
". Notwithstanding any other provision of this section, no owner of a vehicle shall be sub0ect to a
monetary fine imposed pursuant to this section if the operator of such vehicle was operating such
vehicle without the consent of the owner at the time such operator failed to obey a trafficcontrol
indication. 1or purposes of this subsection, there shall be a presumption that the operator of such
vehicle was operating such vehicle with the consent of the owner at the time such operator failed to
obey a trafficcontrol indication.
#. 1or purposes of this section, 2owner2 shall mean any person, corporation, partnership, firm, agency,
association, lessor or organization who at the time of the issuance of a notice of violation in which a
vehicle is operated3
*-+ 4s the beneficial or e5uitable owner of such vehicle( or
*$+ 6as title to such vehicle( or
*7+ 4s the registrant or coregistrant of such vehicle which is registered with the "epartment of
8otor Vehicles of the &tate of New .ork or any other state, territory, district, province, nation or
other 0urisdiction( or
*9+ :ses such vehicle in its vehiclerenting and;or leasing business( or
*<+ 4s an owner of such vehicle as defined by , -$= or &ubdivision *a+ of , $-%- of the Vehicle and
!raffic /aw.
1. 1or purposes of this section, 2trafficcontrol signal photo violationmonitoring system2 shall mean a
device installed to work in con0unction with a trafficcontrol signal which, during operation,
automatically produces two or more photographs, two or more microphotographs, a videotape or other
recorded images of each vehicle at the time it is used or operated in violation of &ubdivision *d+ of ,
---- of the Vehicle and !raffic /aw.
>. A certificate, sworn to or affirmed by a technician employed, hired or contracted by the Albany
Police "epartment, or a facsimile thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a trafficcontrol signal photo violationmonitoring
system, shall be prima facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a violation shall be available
for inspection in any proceeding to ad0udicate the liability for such violation imposed pursuant to this
section.
6. An owner liable for a violation of &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw pursuant
to this section shall be liable for a penalty of ?<%. !he Parking Violations Bureau may provide for an
additional penalty not in e'cess of ?$< for each violation for the failure to respond to a notice of
liability within the prescribed time period. !he Parking Violations Bureau shall ad0udicate liability
imposed by this section.
4. An imposition of liability under this section shall not be deemed a conviction as an operator 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.
@. A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner
for a violation of &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw pursuant to this section.
Personal service on the owner shall not be re5uired. A manual or automatic record of mailing prepared
in the ordinary course of business shall be prima facie evidence of the facts contained therein.
A. A notice of liability shall contain the name and address of the person alleged to be liable as an
owner for a violation of &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw pursuant to this
section, 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.
/. !he 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. &uch 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 0udgment may be entered thereon.
8. !he notice of liability shall be prepared and mailed by the Parking Violations Bureau or its
designee.
N. 4f an owner receives a notice of liability pursuant to this section for any time period during which
the vehicle was reported to the Police "epartment as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw
pursuant to this section 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. 1or 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 by first class mail, return receipt re5uested, to the Parking Violations Bureau.
B. 4f the owner liable for a violation of &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw
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.
P. An appeal of an ad0udication of liability pursuant to this section may be taken in accordance with
)hapter C% of this )ode.
D. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to
&ubdivision 6 of this section shall not be liable for the violation of &ubdivision *d+ of , ---- of the
Vehicle and !raffic /aw, provided that3
*-+ Prior to the violation, the lessor has filed with the Parking Violations Bureau and paid the
re5uired filing fee in accordance with the provisions of , $7C of the Vehicle and !raffic /aw(
and
*$+ Eithin 7F days after receiving notice from the Parking Violations Bureau of the date and time
of a liability, together with the other information contained in the original notice of liability, the
lessor submits to the Bureau the correct name and address of the lessee of the vehicle identified
in the notice of liability at the time of such violation, together with such other additional
information contained in the rental lease or other contract document, as may be reasonably
re5uired by the Bureau pursuant to regulations that may be promulgated for such purpose.
*7+ 1ailure to comply with &ubsection D*-+ or *$+ of this section shall render the owner liable for
the penalty prescribed in this section.
*9+ Ehere 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 sub0ect to liability for such violation pursuant to this section and shall be sent a
notice of liability pursuant to &ubsection 6 of this section.
G. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any
violation of &ubdivision *d+ of , ---- of the Vehicle and !raffic /aw.
&. Bn or before Bctober -, $%-9, and every four months thereafter, until such time as the
demonstration program authorized in &ubsection A hereof shall be fully operational, the )hief of Police
or his or her designee shall submit a written report to the )ity )ouncil on the status of said
demonstration program. &uch report shall include, but not be limited to, the locations selected for
inclusion in the demonstration program and the cost to the )ity, both individually and collectively, of
each location included in such demonstration pro0ect.
!. !he )hief of Police or his or her designee shall submit to the >overnor, the temporary President of
the &enate, the &peaker of the Assembly and the )ommon )ouncil, an annual report on the results of
the use of a trafficcontrol signal photo violationmonitoring system on or before @uly -, $%-<, and on
the same date in each succeeding year, in which the demonstration program is operable. &uch report
shall include, but not be limited to3
*-+ A description of the locations where trafficcontrol signal photo violationmonitoring systems
were used(
*$+ !he aggregate number, type and severity of accidents reported at intersections where a traffic
control signal photo violationmonitoring system is used for the year preceding the installation
of such system, to the e'tent the information is maintained by the New .ork &tate "epartment
of 8otor Vehicles(
*7+ !he aggregate number, type and severity of accidents reported at intersections where a traffic
control signal photo violationmonitoring system is used, to the e'tent the information is
maintained by the New .ork &tate "epartment of 8otor Vehicles(
*9+ !he number of violations recorded at each intersection where a trafficcontrol signal photo
violationmonitoring system is used and in the aggregate on a daily, weekly and monthly basis(
*<+ !he total number of notices of liability issued for violations recorded by such systems(
*H+ !he number of fines and total amount of fines paid after first notice of liability issued for
violations recorded by such systems(
*F+ !he number of violations ad0udicated and results of such ad0udications including breakdowns of
dispositions made for violations recorded by such systems(
*=+ !he total amount of revenue realized by the )ity from such ad0udications(
*C+ #'penses incurred by the )ity in connection with the program( and
*-%+ Duality of the ad0udication process and its results.
:. 4t shall be a defense to any prosecution for a violation of &ubdivision *d+ of , ---- of the Vehicle
and !raffic /aw pursuant to this section that such trafficcontrol indications were malfunctioning at the
time of the alleged violation.
,ection 2. 'hi5 ordinance 5hall ta<e effect immediately
&&!O*$" , 'O -O!M
,e6tember 53 2=14
>>>>>>>>>>>>>>>>>>>>>>>>>>
Cor6oration Coun5el
'o: Nala !. 1oodard3 City Cler<
-rom: &atric< ?. @ordan3 ,enior 55i5tant Cor6oration Coun5el
!e: !eAue5t for Common Council +egi5lation
,u66orting Memorandum
"ate: ,e6tember 53 2=14
O!"#NNC$ NBM0$! 45.92.14
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G$N$!+ &B!&O,$ O- +$G#,+'#ON
!o implement the trafficcontrol signal photo violationmonitoring system that was authorized by the N.&
/egislature.

N$C$,,#'/ -O! +$G#,+'#ON N" N/ C%NG$ 'O $2#,'#NG +1
)hanges to the )ity )ode re5uire )ouncil approval.

$2&+N'#ON O- "$"+#N$ O! !$CB$,'$" '#M$ -!M$ -O! &,,G$
N;A

,&$C#-#C, O- 0#""#NG O! O'%$! &!OCB!$M$N' &!OC$,, )if a66licable.
N;A

,&$C#-#C, O- !$+ &!O&$!'/ ,+$ O! CCB#,#'#ON )if a66licable.
N;A

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:nknown at this time.