Public Safety Committee

COMMON COUNCIL COMMITTEE MEETING COMMON COUNCIL MEETING PUBLIC SAFETY COMMITTEE Thomas Hoey, Chair DATE/TIME: Wednesday, November 29, 2023 at 6:00 PM LOCATION: Council Chambers-2nd Floor. City Hall PUBLIC COMMENT PERIOD: YES TOPIC(S) OF DISCUSSION/CONSIDERATION:  LOCAL LAW J OF 2023 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD  ORDINANCE 75.112.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM CAMERA DEMONSTRATION PROGRAM Material in strikethrough to be deleted. New material is underlined. Council Member Hoey introduced the following LOCAL LAW J OF 2023 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsection C of Section 42-334 (CPRB establishment; appointment of members; funding) of Part I (Administrative Legislation) the Code of the City of Albany in relation to establishing a curbside waste collection fee, is amended to read as follows: C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership; and, provided further, that an appointment to fill a vacancy in an unexpired term shall not apply to the limitations in terms of service otherwise applicable under this subsection.. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 5TH DAY OF OCTOBER, 2023 _________________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 5, 2023 Sponsor: Council Member Hoey LOCAL LAW J OF 2023 TITLE A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATIONS TO TERMS OF APPOINTMENT TO THE COMMUNITY POLICE REVIEW BOARD GENERAL PURPOSE OF LEGISLATION To clarify the length of time in which a member may serve on the Community Police Review Board. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Current provisions limit service on the Community Police Review Board to two consecutive three- year terms or a total of six-years. This makes no provision for appointment to fill an unexpired vacant term and can throw off the staggering in term expirations that was otherwise intended under current provisions of the law. FISCAL IMPACT None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Kimbrough introduced the following: ORDINANCE 75.112.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM CAMERA DEMONSTRATION PROGRAM The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new Article XV (School Bus Stop Arm Cameras which shall read as follows: Article XV School Bus Stop Arm Cameras § 359-139 Definitions. CITY The City of Albany SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM A device that is capable of operating independently of an enforcement officer which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operated in violation of section 1174 (a) of the Vehicle and Traffic Law. SCHOOL DISTRICT The Albany City School District § 359-140 Program Established A. There is hereby established, pursuant to § 1174-a of the Vehicle and Traffic Law, a demonstration program imposing monetary liability on owners of vehicles for failure of the operators thereof to comply with § 1174 of the Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in subdivisions 20 and 21-c of § 375 of the Vehicle and Traffic Law in the City of Albany. B. To carry out the demonstration program, the City is authorized to enter into an agreement with the School District and any entity with whom the School District contracts for provision of busing services for the installation, maintenance, and use of school bus photo violation monitoring systems, as well as proper handling and custody of data received by the school bus cameras, subject to the provisions of section 1174-a of the Vehicle and Traffic Law. Once the School District and, if necessary, any contractor providing busing services to the School District have entered into such an agreement with the City, cameras Matter in strikethrough to be deleted. Matter underlined is new material.  shall be installed on school buses owned or operated by the School District or privately owned and operated for compensation under a contract with the School District. § 359-141 Cost of program and reports relating thereto. A. The total cost to the School District and/or its contractor(s) of the installation, maintenance, and use of school bus photo violation monitoring systems installed and operated pursuant to an agreement authorized by this Article shall be borne entirely by the City. B. The School District shall provide any information necessary or desirable to the City in order to meet its reporting requirements under § 1174-a of the Vehicle and Traffic Law. C. Pursuant to section 1174-a (a)(3)(i) of the Vehicle and Traffic Law, the School District and its contractor(s) shall be prohibited from accessing any photographs, microphotographs, videotapes, other recorded images and data from school bus photo violation monitoring systems but shall provide, pursuant to the agreement with the City, as provided in this article, for the proper handling and custody of such photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City for the purpose of determining whether a motor vehicle was operated in violation of section 1174 (a) of the Vehicle and Traffic Law and imposing monetary liability on the owner of such motor vehicle therefor. D. Photographs, microphotographs, videotapes, other recorded images and data produced by school bus photo violation monitoring systems shall be destroyed: (1) Ninety days after the date of an imposition of liability, if a notice of liability is not issued for such imposition of liability pursuant to this Article; or (2) Upon final disposition of a notice of liability issued pursuant to this chapter. E. The City shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a school bus photo monitoring device. Such measures shall include: (1) Utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists; 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 City has made a reasonable effort to comply with the provisions of this subsection; Matter in strikethrough to be deleted. Matter underlined is new material.  (2) A prohibition of the use or dissemination of vehicles’ license plate information and other information and images captured by school bus photo violation monitoring systems except: (a) As required to establish liability under this section or collect payment of penalties; (b) As required by court order; or (c) As otherwise required by law; (3) Oversight procedures to ensure compliance with the privacy protection measures required herein. F. The City shall undertake the installation of signage in conformance with standards established in the Manual of Uniform Traffic Control Devices, to be installed at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating § 1174 of the Vehicle and Traffic Law. For the purposes of this subsection, the term “roadway” shall not include state expressway routes or state interstate routes but shall include controlled-access highway exit ramps that enter the boundaries of the City. § 359-142 Penalties for Offenses A. An owner found liable for a violation of subdivision (a) of § 1174 of the Vehicle and Traffic Law pursuant to this Article shall be liable for monetary penalties in accordance with the following schedule: (1) $250 for a first violation; (2) $275 for a second violation committed within 18 months of the first violation; (3) $300 for a third violation or subsequent violation, all of which were committed within 18 months from the first violation; and (4) An additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. B. An imposition of liability under this chapter shall not be deemed a conviction 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. § 359-143 Notice of Liability Matter in strikethrough to be deleted. Matter underlined is new material. A. A notice of liability shall be sent as provided by state law by first-class mail to each person alleged to be liable as an owner for a violation of section 1174 (a) of the Vehicle and Traffic Law. 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. The notice of liability shall be prepared and mailed by the City, or by any other entity authorized by the City. B. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of section 1174 (a) of the Vehicle and Traffic Law, 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. C. A 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 may be deemed an admission of liability and that a default judgment may be entered thereon. D. A notice of liability may contain such other information as the entity causing such notice of liability to be mailed deems appropriate to communicate the law, and the adjudicatory process if the addressee of the notice wishes to contest the notice of liability. § 359-144 Owner Liability A. The owner of a vehicle shall be liable for a penalty imposed pursuant to this Article if such vehicle was used or operated with the permission of the owner, express or implied, in violation of subdivision (a) of § 1174 of the Vehicle and Traffic Law and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this Article where the operator of such vehicle has been convicted of the underlying violation of section 1174 (a) of the Vehicle and Traffic Law. For the purposes of this Article, there shall be a presumption that such vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of section 1174 (a) of the Vehicle and Traffic Law. B. If the owner receives a notice of liability pursuant to this Article for any time period during which the vehicle was reported to the police as having been stolen, and before such vehicle has been recovered it shall be a valid defense to an allegation of liability under this Article. 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 the parking violations bureau having jurisdiction where any contested notice of liability would otherwise be determined. C. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this Article shall not be liable for the violation of section 1174 (a) of the Vehicle and Traffic Matter in strikethrough to be deleted. Matter underlined is new material.  Law, provided that he or she complies with the provisions of section 1174-a of the Vehicle and Traffic Law and otherwise sends to the Parking Violations Bureau, a copy of the rental, 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 37 days after receiving notice from the agency or entity which caused such notice of liability to be issued, together with the information contained in the original notice of liability. Failure to send such information within the thirty-seven-day time period shall render the owner liable for the penalty prescribed by this Article. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle for purposes of this section shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this section, shall be subject to liability for the violation of section 1174 (a) of the Vehicle and Traffic Law, and shall be sent a notice of liability pursuant to this Article. D. A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, upon inspection of photographs, microphotographs, videotapes, and other recorded images produced by a school bus photo violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, and other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation. E. It shall be a defense to any prosecution for or allegation of a violation of section 1174 (a) of the Vehicle and Traffic Law pursuant to this Article that such school bus stop-arms were malfunctioning at the time of the alleged violation. § 359-145 Adjudication of Liability Liability pursuant to the demonstration program established hereunder shall be imposed upon owners by the Parking Violations Bureau of the City of Albany or in another manner pursuant to the Vehicle and Traffic Law. § 359-146 Action for Indemnification If the owner held liable for a violation of section 1174 (a) of the Vehicle and Traffic Law pursuant to this Article was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. § 359-147 Reporting Requirements A. The City shall develop and cause to be submitted an annual report on the results of the use of a school bus photo violation monitoring system to the Governor, the temporary president of the Senate and the speaker of the Assembly on or before June 1 of each year in which the demonstration program is operable. Such report shall include any information required by section 1174-a (m) of the Vehicle and Traffic Law. B. Pursuant to the requirements of section 1174-a of the Vehicle and Traffic Law, the Parking Violations Bureau shall report at least annually to the City on the quality of the adjudication process and its results, including the total number of hearings scheduled, rescheduled, and Matter in strikethrough to be deleted. Matter underlined is new material.  held; the total number of persons scheduled for such hearings; the total number of cases where fines were paid on or before the hearing date; and the total number of default judgments entered. Section 2. This ordinance shall take effect 90 days after enactment. APPROVED AS TO FORM THIS 9TH DAY OF NOVEMBER, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 18, 2023 Sponsor: Council Member Kimbrough ORDINANCE 75.112.23 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A SCHOOL BUS STOP ARM DEMONSTRATION PROGRAM GENERAL PURPOSE OF LEGISLATION The state Vehicle and Traffic Law allows municipalities to adopt, by ordinance, local legislation to provide for the installation of cameras on school bus stop sign arms. Video and photographic evidence from these cameras can then be used to find drivers liable for violations of section 1174 (a) of the Vehicle and Traffic Law, which prohibits passing school buses with their stop signs deployed. This legislation allows the City to enter into an agreement with the Albany City School District (and the contractors who provide busing services to the District) to install such cameras. It also establishes the procedures for adjudicating violations alleged on the basis of the evidence generated by the stop sign cameras. Note that, pursuant to the enabling legislation, any agreement entered into with the School District under this legislation will need to be approved by majority vote of the Common Council and the District itself. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Implementing school bus arm cameras in the City of Albany would benefit the community by enhancing the safety of our children during their daily commute to and from school. These cameras would act as a deterrent to reckless drivers who illegally pass stopped school buses, reducing the risk of accidents and potential harm to students. Additionally, the presence of these cameras would encourage a culture of responsible driving, promoting overall road safety in the City. FISCAL IMPACT To be determined; however, the City will bear the entire cost of the program, including installation, maintenance, and operation of the camera systems.