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September 17, 20 19

Office of the City Attorney 306 Cedar Road

Chesapeake, Virginia 23322 (757) 382-6586

Fax (757) 382-8749

To: The Honorable Mayor West, Vice-Mayor de Triquet and Members of the City Council

Re: AN ORDINANCE AMENDING CHAPTER 74 OF THE CHESAPEAKE CITY CODE, ENTITLED "TRAFFIC AND VEHICLES'', BY ADDING SECTION 74-196, TO AUTHORIZE THE CHESAPEAKE SCHOOL BOARD TO INSTALL AND OPERATE A VIDEO-MONITORING SYSTEM ON SCHOOL BUSES, FOR THE PURPOSE OF RECORDING VIOLATIONS OF VIRGINIA CODE § 46.2-844(A), AND TO DIRECT THAT ANY CIVIL PENALTY LEVIED FOR A VIOLATION OF THE STATUTE SHALL BE PAY ABLE TO CHESAPEAKE PUBLIC SCHOOLS.

At the request of the Chesapeake School Board, please find enclosed a draft ordinance adding Section 74-196 to the Chesapeake City Code to allow the use of video-monitoring systems on school buses pursuant to § 46.2-859 for the purpose of recording violations of Virginia Code § 46.2-844.A. The latter statute makes passing a stopped school bus subject to a civil penalty of $250. Virginia Code§ 46.2-844.B provides that these civil penalties may be payable to the School Division.

A letter from Chesapeake Public Schools Superintendent, Dr. Jared A. Cotton, requesting the ordinance is attached.

If you require any additional information, please do not hesitate to contact me.

With best regards, I am

JPS/jhp Enclosures Cc: James E. Baker, City Manager

Sandy Madison, City Clerk Dr. Jared A. Cotton, Superintendent Robert J. Barry, Esq.

Sincerely yours,

}.H.~ City Attorney

"The City of Chesapeake adheres to the principles of equal employment opportunity. This policy extends to all programs and services supported by the City.~

September 13, 2019

Chesapeake City Council 306 Cedar Road Chesapeake, VA 23322

Dear Councilmembers:

Office of the Superintendent School Administration Building 312 Cedar Road Chesapeake, Virginia 23322 (757) 547-0165

This letter of request is for an adoption of a city ordinance to authorize the operation of a video-monitoring system, better known as stop-arm cameras, in or on the school buses operated by the Chesapeake School Board. The system will be monitored by the School Board or a contracted vendor on behalf of the School Board for the purpose of recording violations of the Code of Virginia§ 46.2-844(A).

Stop-arm cameras will produce a recorded image of the license plate, time, date, and location of any vehicle illegally passing a school bus equipped with the video-monitoring system as prescribed in Code of Virginia § 46.2-1090. Any driver of a motor vehicle found to be in violation, based upon evidence obtained from a stop-ann camera, shall be liable for a civil penalty of two hundred fifty dollars ($250.00) set by state law in Virginia. The information collected by a video-monitoring system shall be limited exclusively

. to that information that is necessary for the enforcement of violation of Code of Virginia§ 46.2-859.

Drivers who illegally pass school buses endanger the lives of children as they enter and exit their buses. Chesapeake School Board is committed to the safety of our students and our goal in utilizing this video­monitoring system is to improve the safety of our bus riders. The stop-ann cameras will also allow local law enforcement officers to focus their energies on other high priority tasks within the City.

Your commitment to the continued improvement of safety measures for our students by adopting the city ordinance to authorize the operation of a video-monitoring system on school buses is of paramount importance. Should you need any additional information regarding this request, I am happy to provide.

Sincerely,

Superintendent

The Chesapeake Public School System is an equal educational opportunity school system. The School Board of the City of Chesapeake also adheres to the principles of equal opportunity m employment and. therefore, prohibits discnmination in terms and conditions of employment on the basis of race. sex. national origin. color. religion. age. or disability.

I

AN ORDINANCE AMENDING CHAPTER 74 OF THE CHESAPEAKE CITY CODE, ENTITLED "TRAFFIC AND VEHICLES", BY ADDING SECTION 74M196, TO AUTHORIZE THE CHESAPEAKE SCHOOL BOARD TO INSTALL AND OPERATE A VIDEO-MONITORING SYSTEM ON SCHOOL BUSES, FOR THE PURPOSE OF RECORDING VIOLATIONS OF VIRGINIA CODE§ 46.2-844(A), AND TO DIRECT THAT ANY CIVIL PENALTY LEVIED FOR A VIOLATION OF THE STATUTE SHALL BE PAYABLE TO CHESAPEAKE PUBLIC SCHOOLS.

BE IT ORDAINED by the Council of the City of Chesapeake, Virginia, that Section

74-196 is hereby adopted as part ofthe Chesapeake City Code, as follows:

CHAPTER 74. TRAFFIC AND VEHICLES

ARTICLE V. OPERATION OF VEHICLES GENERALLY

Sec.74-196. VideoMmonitoring systems in or on school buses.

(a) The School Board of the City of Chesapeake. doing business as Chesapeake Public

Schools. is hereby authorized to install and operate a video-monitoring s~stem in or on the

school buses it operates. or to contract with a private vendor to do so on its behalf. for the

purpose of recording violations of Code of Virginia§ 46.2-844(A).

(b) For purposes of this section, "video-monitoring system" means a system with one

or more camera sensors and computers installed and operated on a school bus that produces live

digital and recorded video of motor vehicles being operated in violation of Code of Virginia §

46.2-859.

(c) All video-monitoring systems installed on public school buses shall. at a minimum.

produce a recorded image of the license plate and shall record the activation status of at least

one warning device as prescribed in Code of Virginia § 46.2-1090 and the time. date. and

location of the vehicle when the image is recorded.

(d) The driver of a motor vehicle found to be in violation of Code of Virginia § 46.2-

g:~ ~f~~::~~~~~ 844(A). based upon evidence obtained from a video-monitoring system. shall be liable for a Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 (757) 382-6586 Fax: (757) 382-8749

City Attorney's Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 (757) 382-6586 Fax: (757) 382-8749

civil penalty oftwo hundred fifty dollars ($250.00) imposed in accordance with this section if

such vehicle is found. as evidenced by information obtained from a video-monitoring s:tstem

in or on a school bus. to have violated Code of Virginia§ 46.2-844(A) within the city.

(e) Any person found liable under this ordinance may contest the summons charging

the violation. as provided by Code of Virginia § 46.2-844(8).

(f) Any civil penalty levied for a violation of Code of Virginia § 46.2-844(A) shall be

payable to Chesapeake Public Schools.

ADOPTED by the Council of the City of Chesapeake, Virginia, this 241h day of

September, 2019.

APPROVED:

Mayor

AITEST:

Clerk of the Council

APPROVED AS TO FORM:

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