Pursuant to the authority granted in Public Act 24-107 of the 2024 Session of the Connecticut General Assembly (the "Act"), the City of Norwalk (the "City") hereby authorizes the use of School Bus Violation Enforcement Systems to enforce the provisions of C.G.S. § 14-279, as amended from time to time, within the boundaries of the City.
[HISTORY: Adopted by the City of Norwalk City Council 12-9-2025. Amendments noted where applicable.]
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Shall have the respective meanings set forth in C.G.S. § 14-1, as amended from time to time.
A system with one or more camera sensors and computers that produce: (1) digital and recorded video images of Motor Vehicles being operated in violation of C.G.S. § 14-279, as amended from time to time; (2) a visual image that is viewable remotely and a recorded image of the Number Plate of a Motor Vehicle violating said section; and (3) a recorded image that indicates the date, time and location of the violation.
The City may enter into an agreement with a private vendor for the installation, operation, or maintenance, or any combination thereof, of a School Bus Violation Enforcement System for purposes of enforcing this Chapter. The vendor's fees may not be contingent on the number of citations issued or fines paid pursuant to this Chapter. Any such agreement that requires a vendor to operate such a system shall require the vendor to report to the City and the Norwalk Board of Education, not later than August 1 following the vendor's first operation of such system pursuant to such agreement, and not later than August 1 in each year thereafter in which the operation of such system continues pursuant to such agreement: (1) the total number of citations issued in the prior fiscal year for violations of this Chapter that were detected and recorded by the School Bus Violation Enforcement System, and (2) the total amount of funds collected from such violations.
The owner of a Motor Vehicle commits a violation of this Chapter if the person operating such Motor Vehicle violates the provisions of C.G.S. § 14-279, as amended from time to time, unless not later than 30 days after the mailing of a citation, the Owner of a Motor Vehicle submits a notarized affidavit, executed by such Owner and the Operator of such vehicle at the time of the alleged violation, stating that such Operator is the party who may be responsible for the alleged violation and providing the name and address of such Operator. If the City or its designated agent receives such an affidavit, the City shall mail a citation to such Operator not later than 30 days after receipt of the affidavit.
A.
Upon receipt of an evidence file from a School Bus Violation Enforcement System that captures an alleged violation of this Chapter, a sworn member or employee of the City's Police Department, or an employee of the City designated by the Traffic Authority, shall review such file. If, after such review, such officer or employee has reasonable grounds to believe that such a violation occurred and such file captures the Number Plate, color and type of Motor Vehicle allegedly violating this Chapter and the date, approximate time and location of such violation, such officer or employee shall issue a written warning or citation to the Owner of such Motor Vehicle. Such officer or employee shall electronically certify a citation.
B.
In the case of an alleged violation of this Chapter involving a Motor Vehicle registered in the State of Connecticut, the City, or its designated agent, shall send a copy of a citation to the Owner of the Motor Vehicle observed in the alleged violation not later 30 days after the date of the alleged violation. In the case of an alleged violation involving a Motor Vehicle registered in another jurisdiction, the City, or its designated agent, shall send a copy of a citation to the address of the Owner that is in the records of the official in the other jurisdiction issuing such registration not later than 60 days after the alleged violation.
C.
A citation under this Chapter shall be sent by first-call mail and include the following:
(1)
The name and address of the Owner of the Motor Vehicle;
(2)
The Number Plate of the Motor Vehicle;
(3)
The violation charged;
(4)
The date, location and time of the alleged violation;
(5)
A copy of or information on how to view, through electronic means, the recorded images that captured the alleged violation;
(6)
A statement or electronically generated affirmation by the police officer or employee who reviewed the recorded images and determined that a violation occurred;
(7)
The amount of the fine imposed and how to pay such fine;
D.
A manual or automated record prepared by the police officer, employee or vendor in the ordinary course of business shall be prima facie evidence of such mailing and shall be admissible in any citation hearing as to the facts contained in the citation.
E.
A certificate or facsimile of a certificate of the review of the evidence produced by the School Bus Violation Enforcement System, sworn to by the police officer or employee who conducted such review, shall be prima facie evidence of the facts contained in such certificate.
F.
A digital still or video image produced by the School Bus Violation Enforcement System shall be sufficient evidence of a violation of this Chapter and shall be admitted at a citation hearing without further authentication.
A.
The City shall impose a fine of $250 for a violation of this Chapter. The fine shall be imposed against the Owner of the Motor Vehicle committing the violation.
B.
Payment of a fine and any associated fees may be made by electronic means.
C.
Any funds received by the City from fines imposed pursuant to this Chapter shall be used for the purposes of improving public safety, compensating any private vendor that installs, operates, or maintains a School Bus Violation Enforcement System within the City, or both.
Any Owner issued a fine for violating the provisions of this Chapter may, within 10 days of the receipt of the fine, appeal in writing to a citation hearing officer in accordance with § 30C-7 of the City Code.
A.
The defenses available to the Owner of a Motor Vehicle who is alleged to have committed a violation of this Chapter shall include, but are not limited to, any one or more of the following:
(1)
The Operator was driving an emergency vehicle in accordance with the applicable provisions of C.G.S. § 14-283, as amended from time to time;
(2)
The violation was necessary to allow the passage of an emergency vehicle;
(3)
The violation was necessary in order for the Operator to comply with an order or direction from a law enforcement officer, which is observable on the recorded images;
(4)
The violation was necessary to avoid injuring the person or property of another;
(5)
The violation took place during a period of time in which the Motor Vehicle had been reported as being stolen to a law enforcement unit, as defined in C.G.S. § 7-294a, as amended from time to time, and had not been recovered prior to the time of the violation; or
(6)
The Operator received a citation for a violation of C.G.S. § 14-279, as amended from time to time, for the same incident.
B.
The Owner of a Motor Vehicle shall be liable for any fine imposed pursuant to this Chapter, unless (1) the Motor Vehicle identified by the School Bus Violation Enforcement System is a leased or rented Motor Vehicle, in which case the lessee of such Motor Vehicle shall be liable for any such fine, or (2) an affidavit is filed pursuant to § 98B-4 above, in which case the Operator shall be liable for any such fine.
A.
A School Bus Violation Enforcement System shall, to the extent practicable, record images of the Number Plate of a Motor Vehicle only and shall not record images of the occupants of such Motor Vehicle or of any other persons or Motor Vehicles in the vicinity at the time the images are recorded. A citation issued under this Chapter may not be dismissed in a citation hearing solely because a recorded video or digital still image reveals images of such occupants or other persons or Motor Vehicles, as long as the operator of such School Bus Violation Enforcement System has made reasonable efforts to comply with the provisions of this Chapter.
B.
No recorded image produced by a School Bus Violation Enforcement System may be introduced as evidence in any other civil or criminal proceeding.
C.
A digital still or video image produced by a School Bus Violation Enforcement System to enforce this Chapter shall be destroyed the later of: (1) 90 days after the date of the creation of such digital still or video image, or (2) upon payment or final disposition of all matters related to a citation issued for a violation of this Chapter to which such digital still or video image pertains.
D.
A warning sign shall be posted on all school buses in which a School Bus Violation Enforcement System is installed and operated indicating the use of such system.
Not later than October 1 following adoption of this Chapter, and not later than October 1 in each year thereafter in which this Chapter is in effect, the City shall submit a report to the Connecticut Department of Transportation, which shall include, but need not be limited to: (1) a copy of this Chapter, (2) the total number of citations issued for a violation of this Chapter in the prior fiscal year, (3) the total amount of funds collected for such violations in the prior fiscal year, and (4) how the City spent such funds in the prior fiscal year.
If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by any decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.
All chapters, bylaws, orders, resolutions, or parts thereof inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any chapters, bylaws, orders, resolutions, or parts thereof heretofore repealed.