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 www.westchestergov.com/consumer.

 

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.

 

 

Westchester County's item-pricing law was enacted in 1975 to ensure that consumers at the register were able to make sure they were being accurately charged. The March 2010 amendment, the Item Pricing-Waiver Law, rewards businesses that consistently maintain accurate computer scanning of prices by freeing them of the obligation to put prices on every item. 

Amendments allowing for waivers of the county’s item pricing law took effect on June 27, 2010. Business owners can complete an item pricing waiver application and forward it to the Department of Consumer Protection.

Article III
Labeling

863.71. Price marking - advertised prices

1. The selling price shall be clearly stamped, tagged, labeled or otherwise marked in arabic numerals on each item of consumer goods offered for sale within Westchester County.

2. The provisions of Subdivision 1 of this section shall not apply to the following consumer goods provided the selling price and the unit of measure is plainly and clearly displayed in arabic numerals on a sign, clearly designating the particular consumer goods to which it refers, located as close as practicable, and closer than any other sign, to the location at which the goods are displayed:

a.   Fresh milk.
b.   Fresh eggs.
c.   Items such as gum, candy and cigarettes offered for sale in single packages.
d.   Food sold for consumption on premises.
e.   Food or other goods sold from vending machines operated by the consumer.
f.    Fresh produce which is not packaged prior to sale;displayed for sale in bulk; and is either packaged for or by the consumer at the time of sale.
g.   Nonfood consumer goods which are not packaged prior to sale; displayed for sale in bulk; and are either packaged for or by the consumer at the time of sale.
h.   Nonfood consumer goods offered for a period of seven (7) days or less on sale in good faith at a price below the price such commodities are usually sold for in the store, provided that the sale price is clearly indicated to the consumer at both the point of display of such goods and at the point of sale.
i.   Nonfood consumer goods which are subject to uniform, across-the-board price changes in the ordinary course of business, and which are customarily marked in good faith with either an alphabetic or color code referring directly to the corresponding numerical prices displayed on signs; provided, however, that such corresponding price signs are clearly visible to the consumer at both the point of display and at the point of sale of said goods.

3. It shall be a violation of this code:

a.  To stamp, tag, label or otherwise mark any item of consumer goods at a selling price greater than the selling price advertised or displayed for that item.
b.  To stamp, tag, label or otherwise mark more than one (1) selling price upon an item of consumer goods offered for sale in Westchester County unless the prior selling price is unmistakably deleted or obliterated or is otherwise marked so as to indicate clearly the prior selling price is not the current selling price.
c.  To sell or offer for sale any consumer goods or services at a greater price than the price displayed or advertised therefor.
d.  To sell or offer for sale any consumer goods which do not have a selling price marked thereon or which do not have a selling price displayed in conformity with Subdivisions 1 or 2 of this section.

 

Home improvement contractors are required by law to declare on their licensing application any nonpayment or underpayment of wage actions against them.

If contractors fail to abide by this law, and you believe you have been a victim of wage theft, file a Wage Underpayment and Theft Worker complaint in English or in Spanish with our office.

Below are highlights of the Westchester Consumer Protection Code.  You may also access the full code.

  • A merchant may not state that replacements or repairs are needed when they are not.
  • A merchant may not use false and misleading advertising or make false or misleading representations of fact.
  • A merchant must provide a clear and legible receipt, which includes the full name and address under which the merchant transacts business.
  • A merchant must clearly stamp, tag or label the selling price on all consumer goods. In some cases, a sign displaying selling price at the display may be acceptable.
  • A merchant may not obstruct or conceal the consumer's view of the cash register total or any retail weighing or measuring device.
  • A merchant must prominently display the store's refund or exchange policy at the point of sale in any retail store.
  • A merchant cannot charge a total selling price, excluding tax, which is more than 20 percent above the original written estimate, unless a revised estimate has been submitted to and accepted by the consumer.
  • An expiration sale date must be displayed on a conspicuous area of all perishable products, except produce.
  • Whenever merchandise is prepackaged on the premises, a "For Customers' Use" scale must be easily accessible.
  • "TX" or "TAX" must be marked on all taxable products.
  • There must be signs displaying the selling price at retail gas pumps.
  • A towing operator, removing a vehicle from privately owned property, may not charge in excess of $65.00 for towing a vehicle less than one mile. A maximum of $1.50 may be charged for each additional mile. Not more than $5 a day can be charged for storage.
  • For delivered goods, a contract may be cancelled, with full refund, if the merchant fails to disclose a delivery date in writing or if the goods are not delivered within 30 days of the date specified for delivery.

 

Learn about important laws in the county and how they affect you. These include the Wireless Security Law (Wi-Fi) for businesses, which has been designed to safeguard your personal information, and a cellphone recycling law.

Also learn about local laws to protect you by requiring owners of ATMs at non-bank locations to register them, as well as a bill that would, if adopted, phase out those leaf blowers that are most dangerous to the environment. County law requires all home improvement contractors who work in Westchester to be licensed.

You can review the complete listing of the consumer protection code in Westchester County. Laws are enforced by the Department of Consumer Protection.