BILL NUMBER: 3796
INTRODUCED BY: Assemblyman Peter Grannis, 65th District
Contact Mr. Grannis: Room 712, Legislative Office Building, Albany,
NY 12248
Mr. Grannis' office phone: (518) 455-5676
Contact Gifford Miller's office, New York City Council: (212)
788-6873
INTRODUCED BY ASSEMBLYMAN GRANNIS, READ ONCE AND REFERRED TO THE
COMMITTEE ON TRANSPORTATION, FEBRUARY 6, 1997.
REFERRED TO THE NEW YORK CITY COUNCIL JANUARY 1999 FOR A "HOME
RULE MESSAGE."
TITLE OF BILL
AN ACT to amend the vehicle and traffic law, in relation to
authorizing the imposition of monetary penalties upon a registered owner
of a motor vehicle engaged in excessive horn honking.
PURPOSE OF BILL
To authorize any city with a population of one million or more to
adopt and amend a local law or ordinance imposing fines on the owner of a
vehicle for failure to comply with any local law prohibiting unnecessary
horn honking. The summonses will be issued to the owner of the vehicle
rather than to the driver and need not be served personally. Exceptions
are made when the vehicle is clearly not under the responsibility and
control of the owner (stolen vehicle, rented or leased vehicle).
SUMMARY OF SPECIFIC PROVISIONS
The vehicle and traffic law is amended by adding section 1106 to do
as follows:
JUSTIFICATION:
Excessive noise from horn honking is a problem throughout New
York City, particularly in areas adjacent to bridges and tunnels. While
the city has enacted local laws to to combat the use of excessive horn
honking, it is necessary for police officers to pull over the vehicle in
order to issue such violations. Issuing such tickets personally furthers
problems by increasing traffic congestion, driver frustration, and
subsequently results in more horn honking. Granting police officers the
ability to issue tickets by license plate rather than by driver will
strengthen enforcement of current horn honking laws without blocking
traffic and increasing congestion.
BILL 3796:
AN ACT to amend the vehicle and traffic law, in relation to
authorizing the imposition of monetary penalties upon a registered owner
of a motor vehicle engaged in excessive hornhonking.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1:
The vehicle and traffic law is amended by adding a new section
1106 to read as follows:
§.1106 Owner liability for failure of operator to comply
with any provision of local law regarding excessive noise occasioned by
hornhonking.
(a) Notwithstanding any other provision of law, each city with a
population of one million or more is hereby authorized and empowered to
adopt and amend a local law or ordinance imposing monetary liability on
the owner of a vehicle for failure of an operator thereof to comply with
any provision of local law regarding excessive noise occasioned by horn
honking.
(b) In any city which has adopted a local law or ordinance pursuant
to subdivision (a) of this section, the 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, express or implied, in
violation of any provision relating thereto and such violation is
evidenced by information obtained by a police officer actively engaged in
traffic control and under such circumstances where such officer elects to
utilize the provision of this section in lieu of personal services of a
summons upon an operator.
(c) For purposes of this section, "owner" shall have the
meaning provided in article two-B of this chapter.
(d) An owner liable for a violation pursuant to a local law or
ordinance adopted to this section shall be liable for monetary penalties
in accordance with a schedule of fines and penalties to be set forth in
such local law or ordinance, except that in a city which, by local law,
has authorized the adjudication of such owner liability by an
environmental control board, such schedule shall be promulgated by such
board.
(e) 1. A notice of liability shall be sent by first class mail to
each person alleged to be liable as an owner for a violation. 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 the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation, the registration
number of the vehicle involved in such violation, the location where such
violation took place, and the date and time of such violation.
3. The 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. Such 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 judgement may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city
having jurisdiction where the violation occurred, or by any other entity
authorized by the city to prepare and mail such notification of violation.
(f) If an owner receives a notice of liability pursuant to this
section for any time period during which the 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 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 the purpose of asserting the defense
provided by this section it shall be sufficient that a certified copy of
the police report on the stolen vehicle be sent by first class mail to the
traffic violations bureau, court having jurisdiction, parking violations
bureau or environmental control board.
(g) In a city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau,
environmental control board or a court having jurisdiction, an owner who
is a lessor pursuant to subdivision (e) of this section shall not be
liable, provided that he or she sends to the traffic violations bureau,
environmental control board or court having jurisdiction a copy of the
rent, 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 thirty-seven days after receiving notice from the bureau,
board or court 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 section. Where
the lessor complies with the provisions of this paragraph, 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 and shall be sent a notice of liability
pursuant to subdivision (e) of this section
(h) If the owner liable for a violation pursuant to this section was
not the operator of the vehicle at the time of the violation, their owner
may maintain an action for indemnification against the operator.
(i) A certificate, sworn to or affirmed by a police officer employed
by the city in which the charged violation occurred , or a facsimile
thereof, based upon such officer's personal observations, shall be prima
facie evidence of the facts contained therein.
(j) The provisions of this section shall be controlling insofar as
they are inconsistent with any provisions of law relating to service of an
appearance ticket upon a person for an alleged violation of law relating
to the operation of a motor vehicle.
Section 2: This act shall take effect immediately.