Westchester County

Non-Bank ATM Law

Law to Register Non-Bank ATMs

ARTICLE XXIII.  AUTOMATED TELLER MACHINE (ATM) REGISTRATION

Sec 863.1001.  Definitions.
 
1. "Automated teller machine" means a device which is linked to the accounts and records of a banking institution and which enables consumers to carry out banking transactions, including, but not limited to account transfers, deposits, cash withdrawals and balance inquiries. "Automated teller machine" may also be referred to as "ATM" in this article.  For the purposes of this article, automated teller machine shall not include any automated teller machine under the dominion and control of any state or federally chartered bank, trust company, savings bank, savings and loan association or credit union.

Sec. 863.1010.  Registration 
 
1. Any ATM located in a place accessible to the public, including, but not limited to, shopping malls, convenient stores, restaurants, bowling alleys, amusement parks, arcades, gas stations, movie theaters, schools, colleges or retail stores, shall be registered with the Westchester County Department of Weights and Measures.  The ATM shall be registered by the person or entity owning, leasing or otherwise controlling the place of public accessibility where the ATM is located. Such registration shall be for a period of two years and the cost shall be no more than $75 for the initial issuance of each subsequent renewal as determined by the Westchester County Department of Weights and Measures.

2. Within 90 days of the enactment of this article, the Westchester County Department of Weights and Measures, in conjunction with the Westchester County Department of Public Safety, shall establish an application form to be used as a prerequisite for the issuance of a certification of registration.  Such application shall require information necessary to located the ATM, it's owner and it's operator.

3. Upon completion of an application for a certificate of registration pursuant to this section, the Westchester County Department of Weights and Measures shall issue to the registrant a decal to be placed on the ATM signifying that such ATM is registered, the location at which the ATM is registered and the expiration date of such registration.

4. The certificate of registration issued pursuant to this section shall not be transferable from one person or entity to another person or entity or from one location to another.  If the ownership or control of the place of public accessibility changes, the new owner or person or entity controlling said location must re-register the ATM with the Westchester County Department of Weights and Measures pursuant to the application procedure established under this section.

Sec. 863.1020.  ATM Consumer Advisory.

All persons or entities required to register ATM machines pursuant to section 863.1010 of this article shall conspicuously post in close proximity to the ATM an "ATM Consumer Advisory" which shall be prepared and distributed by the Westchester County Department of Weights and Measures in conjunction with the Westchester County Department of Public Safety in both English and Spanish language, as appropriate.  The exact design, size and location of the Advisory shall be determined by the Commissioner of the Westchester County Department of Weights and Measures and shall include, but not be limited to the following information:

ATM - CONSUMER SAFETY

Be aware of other persons near you and the ATM.  If you notice suspicious activity, cancel your transaction, take your card, leave the area and report suspicious activity and crimes immediately to the police.
Commit your PIN to memory, do not write the PIN on your card and report a lost or stolen card immediately.

ATM's usually charge transaction fees.  Make sure you know how much in fees you are paying before using an ATM.

If you have any questions regarding ATM security call the Westchester County Department of Consumer Protection at (914) 995-2155 or log on to Westchester County's  Consumer  website.

Sec. 863.1030. Enforcement and Penalties.

1.  The provisions of this article shall be enforced by the Westchester County Department of Weights and Measures.
2.  Failure to submit an application for registration pursuant to section 863.1010 herein shall result in the issuance of a warning by the Department which shall state that  the individual has thirty (30) days to submit a completed application.  Failure to submit a completed application within the thirty (30) day period shall constitute a violation. No other violations occurring under this Article shall be entitled to a warning.
3.  For the first violation in this Article, a civil penalty not exceeding five hundred dollars ($500.00) shall be imposed.  For the second and succeeding violations, a civil penalty not exceeding one thousand dollars ($1,000.00) shall be imposed for each single violation.  No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge against him or her and has had an opportunity to be heard.

Sec. 863.1040.  Severability.

If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.

Sec. 863.1050.  Reverse Preemption.

This Article shall be null and void on the day that Statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this  law, or in the event that a pertinent State or federal administrative agency issues and promulgates regulations preempting such action by the County of Westchester. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation, or pertinent preempting State or federal Regulations have been enacted for the purposes of triggering the provisions of this Section.

Section 2.  This Local Law shall take effect one hundred and eighty (180) days following its enactment.