S T A T E O F N E W Y O R K
________________________________________________________________________
6057
2021-2022 Regular Sessions
I N S E N A T E
April 1, 2021
___________
Introduced by Sen. GOUNARDES -- 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.
LBD10723-02-1
S. 6057 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 25-259 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. 6057 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,
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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. 6057 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 DEVICES TO THE GOVERNOR, THE TEMPO-
RARY 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. 6057 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 (r) to read as follows:
(R) 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, any rules necessary for the implementation of
this act on its effective date are authorized to be promulgated on or
before such effective date.
