* § 1111-d. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of New Rochelle is hereby authorized and empowered to\nadopt and amend a local law or ordinance establishing a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with traffic-control\nindications in such city in accordance with the provisions of this\nsection. Such demonstration program shall empower such city to install\nand operate traffic-control signal photo violation-monitoring devices at\nno more than twelve intersections within such city at any one time.\n 2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of New Rochelle in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty
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