Board of Estimate and Contract:
RESOLVED, that an Ordinance adopted by the City Council on August 12, 2026, and signed by the Mayor on August 13, 2026, amending Chapter 256 of the Code of the City of Mount Vernon to authorize a School Bus Stop-Arm Camera Program and Imposing Penalties for Violations - ((i) First offense within an eighteen-month period: $250. (ii) Second offense within an eighteen-month period: $275. (iii) Third or subsequent offense within an eighteen-month period: $300. (iv) An additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period); and the same is hereby approved.
City Council:
AN ORDINANCE AMENDING CHAPTER 256 OF THE CODE OF THE CITY OF MOUNT VERNON TO AUTHORIZE A SCHOOL BUS STOP-ARM CAMERA PROGRAM AND IMPOSING PENALTIES FOR VIOLATIONS
WHEREAS, § 1174-A of the New York State Vehicle and Traffic Law (“the VTL”) requires vehicle operators approaching from the front or rear to stop for school buses displaying flashing red signals and an extended stop arm when they have halted to receive or discharge passengers; and
WHEREAS, New York State authorized school districts and municipalities to use school bus-stop arm cameras beginning in 2019; and
WHEREAS, the City of Mount Vernon (“the City”) desires to update Chapter 256, entitled “Vehicles and Traffic,” Article I. Speed limits; penalties for offenses, §256-5 to add guidelines for a demonstration program imposing monetary liability on the owner of a vehicle for failure to comply with § 1174-A of the VTL; and
WHEREAS, the City also desires to update Chapter 256-27 to add definitions pertaining to the demonstration program; and
WHEREAS, through the implementation of this amended chapter, the City, in collaboration with the Mount Vernon School District (hereinafter "District"), will be empowered to install and use photo violation monitoring equipment on school buses to effect the purposes of §1174 of the VTL; NOW, THEREFORE, the City of Mount Vernon, in City Council convened, does hereby ordain and enact as follows:
Section 1. § 256.27 Definitions
The terms used in this Chapter shall have the meanings ascribed to them below:
(a) CODE: City of Mount Vernon School District Municipal Code;
(b) DATA: Any photographs, microphotographs, videotapes, or other recorded images and data produced by the school bus photo violation monitoring system;
(c) DEMONSTRATION PROGRAM: The use of photo violation monitoring equipment placed on school buses throughout the City of Mount Vernon to impose monetary liability on the owner of a vehicle for failure to comply with § 1174 of the VTL.
(d) MUTCD: The manual and specifications for a uniform system of traffic control devices maintained by the Commissioner of Transportation pursuant to § 1680 of the VTL.
(e) OWNER: Any person, corporation, partnership, firm, agency, association, lessor, or organization who at the time of the issuance of a notice of violation in which a vehicle is operated: (1) Is the beneficial or equitable owner of such vehicle; or (2) Has title to such vehicle; or (3) Is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of the State of New York or any other state, territory, District, province, nation or other jurisdiction; or (4) Uses such vehicle in its vehicle-renting and/or leasing business; or (5) As defined by § 128 or § 2101 of the VTL.
(f) SCHOOL BUS: A passenger vehicle having a seating capacity of more than seven passengers, used primarily to transport pupils, teachers, and other persons acting in a supervisory capacity to and from school or school activities, as provided in subdivisions 20 and 21-c of § 375 of the VTL.
(g) SCHOOL BUS COMPANY: The City of Mount Vernon School District, or an entity contracted by the City of Mount Vernon School District to provide school buses to the City of Mount Vernon School District.
(h) SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM (or SYSTEM): A device or system of devices that is capable of operating independently of an enforcement officer, which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operated in violation of § 1174(a) of the VTL.
(i) STATE: The State of New York.
Section 2. § 256.5.1 Traffic control photo violation monitoring system
Agreements and Authorizations.
(a) Prior to commencing a demonstration program pursuant to this Code, the City shall be required to enter into an agreement with the District for the maintenance, installation and use of the system on school buses and for the proper handling and custody of data produced by such monitoring system. The agreement shall also include the forwarding of such data produced by the system to the City.
(b) The City shall bear the total cost of the installation, maintenance, and use of the system. The agreement shall state that the City may contract with a provider for the installation and maintenance of the system and the administration of the demonstration program such that the demonstration program is substantially without cost to the District. The agreement may provide for the terms and conditions of payment to the District for costs incurred by the District in participating in the demonstration program, and the method of such payment, subject to the provisions of § 1174-a(a)(1-b) of the VTL. The Agreement shall require the District to provide any report required of the District by § 1174-a of the VTL to the state or any official thereof;
(c) Pursuant to § 1174-a(a)(3)(i) of the VTL, the District shall be prohibited from accessing any photographs, microphotographs, videotapes, other recorded images and data from the system but shall provide, for the proper handling and custody of such photographs, microphotographs, videotapes, other recorded images and data produced by the system, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City, the City’s contracted provider or the court for the purpose of determining whether a motor vehicle was operated in violation § 1174(a) of the VTL and imposing monetary liability on the owner of such motor vehicle therefor.
(d) Any agreement entered into for the demonstration program between the City and the District under this Code must be approved by a majority vote of the Common Council and by resolution of the District. Both the City and District shall have the ability to withdraw from such agreement on thirty (30) days' written notice to the other signatories of the agreement. The agreement between the City and the District shall provide that any image or images captured by the system shall be inadmissible in any disciplinary proceeding convened by the District or any school bus contractor thereof, and any proceeding initiated by the New York State Department of Transportation involving licensure privileges of school bus operators.
Privacy and Notification.
(a) The system shall be mounted on a school bus and shall be directed outwardly from such school bus to capture images of vehicles operated in violation of § 1174 of the VTL; images produced by such devices shall not be used for any other purpose.
(b) The City, District, and any school bus company shall enforce measures to protect the privacy of information captured by the system, including the identity of the passengers and the contents of the vehicle. The City shall establish regulations in accordance with § 1174-a(a)(4) of the VTL to ensure privacy protections for drivers, passengers, pedestrians, and cyclists. Such measures shall include:
(i) Utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school bus photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the 4 contents of a vehicle, provided that the City, has made a reasonable effort to comply with the provisions of this subsection;
(ii) Prohibition on the use or dissemination of vehicles' license plate information and other information and images captured by school bus photo violation monitoring systems except (1) as required to establish liability under this section or collect payment of penalties; (2) as required by court order; or (3) as otherwise required by law;
(iii) The installation of signage in conformance with standards established in the MUTCD at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating § 1174 of the VTL; and
(iv) Oversight procedures to ensure compliance with the aforementioned privacy protection measures.
(c) Data produced by the system shall be destroyed:
(i) Ninety days after the date of the alleged imposition of liability if a notice of liability is not issued for such alleged imposition of liability pursuant to § 1174-a of the VTL; or
(ii) Upon the final disposition of a notice of liability issued pursuant to § 1174- a of the VTL.
Owner Liability.
(a) The owner of a vehicle shall be liable for a penalty imposed pursuant to this chapter if such vehicle was used or operated with the permission of the owner, express or implied, in violation of § 1174(a) of the VTL and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this chapter where the operator of such vehicle has been convicted of the underlying violation of § 1174(a) of the VTL. For purposes of this chapter, there shall be a presumption that such vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of § 1174(a) of the VTL. (b) A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, based upon the inspection of the photographs, microphotographs, videotape or other recorded images produced by a school bus photo violation monitoring system, and other documents or declarations pertaining to inspections by the department of transportation, shall be prima facie evidence of the facts contained therein. Such certificate, or a facsimile thereof, shall provide the identification number of the system which recorded the violation, a statement confirming that at the time such violation was recorded by such system, such system was installed on a school bus marked and equipped as provided in 5 Subdivisions (20) and (21-c) of § 375 of the VTL as evidenced by a valid certificate of inspection issued to such school bus by the State Department of Transportation pursuant to § 140 of the Transportation Law and the safety rules and regulations promulgated thereunder, and the registration number of the school bus to which such system was attached. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall include a recorded image of the outside of the motor vehicle involved in such violation, the registration number of such vehicle, at least one activated school bus stop-arm, and an electronic indicator or indicators showing the activation of the flashing red signal lamps of the school bus to which the school bus photo violation monitoring system producing such photographs, microphotographs, videotape or other recorded images was installed at the time such violation occurred, and shall be available for inspection in any proceeding to adjudicate the liability for such violation. (c) An owner that is found to be liable for a violation of § 1174(a) of the VTL through § 1174-a of the VTL, shall be liable for the following: (i) First offense within an eighteen-month period: $250. (ii) Second offense within an eighteen-month period: $275. (iii) Third or subsequent offense within an eighteen-month period: $300. (iv) An additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. (d) An imposition of liability under this Code section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom liability is imposed, nor shall it be used for insurance purposes. (e) A notice of liability shall: (i) Be prepared and mailed by the City or by any other entity authorized by the City to prepare and mail such notification of liability, and be sent by first class mail to each person alleged to be liable as an owner for a violation of § 1174(a) of the VTL. Personal delivery shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein; (ii) Contain the name and address of the person alleged to be liable as an owner for a violation of § 1174(a). It shall also have the registration number of the vehicle involved in such violation, the location of the violation, the date and time of the violation, the identification number of the system that recorded the violation and the registration number of the school bus on which the system that recorded the video was installed; and 6 (iii) Contain information advising the person accused of liability of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning advising persons accused of said liability that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered against them. (f) The City may, during the first thirty-day period in which the system is in operation pursuant to state law and this Code section, issue a written warning in lieu of a notice of liability for failure of operators to comply with § 1174 of the VTL when meeting a school bus marked and equipped as provided in Subdivisions 20 and 21- c of § 375 of the VTL. Sec 8-7-6. Adjudication of Liability. (a) The City Court of Mount Vernon shall have the authority to adjudicate violations of § 1174(a) of the VTL pursuant to § 1174-a(h) of the VTL; (b) If an owner charged with a violation of § 1174(a) of the VTL and contests such allegation of liability, the City or the City’s contracted provider shall advise such person by first class mail of the date and time of a hearing at which they must appear. Such notice shall contain a warning to advise the person to appear on the date designated; adjourn the date if needed; and that failure to do one or the other shall be deemed an admission of liability, and default judgment may be entered thereon; (c) Penalties paid pursuant to this chapter shall be general revenues of the City and shall be paid to, and recorded by, the City accordingly.
Defenses from Liability.
(a) If an owner receives a notice of liability for any time period during which the vehicle was reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of § 1174(a) of the VTL, during the time that the vehicle had been reported to the police as stolen through the time it had been recovered. For purposes of asserting the aforementioned defense, it shall be sufficient to show a certified copy of the police report on the stolen vehicle sent by first class mail to the City.
(b) It shall also be a defense to any prosecution for a violation of § 1174(a) of the VTL that such school bus stop-arms were malfunctioning at the time of the alleged violation.
(c) An owner who is a lessor of a vehicle to which notice of liability was issued pursuant to § 1174-a of the VTL shall not be liable for the violation of § 1174(a) of the VTL, provided that he or she sends to the City a copy of the rental, lease, or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 30 days after receiving notice from the City of the date and time of such violation, together with the other information contained in the original notice of liability. Failure to send the information listed above within the thirty-seven-day period shall render the owner liable for the penalty prescribed in this Code section. Where the lessor complies with this section, the lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for the purpose of this Code section, the lessee shall be subject to liability pursuant to § 1174-a of the VTL, and the lessee shall be sent a notice of liability pursuant to § 1174-a of the VTL.
(d) There shall be a presumption of an owner's authorization of an operator's use of such vehicle at the time the operator failed to comply with § 1174 of the VTL. However, if the owner that is liable for a violation of § 1174(a) of the VTL was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. Notwithstanding any contrary provision, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this Code if the operator of such vehicle was operating such vehicle without the consent of the owner. Sec 8-7-8. City Reporting Requirements. The City shall prepare and submit an annual report on the results of the use of the system to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly on or before June 1 of each year in which the demonstration program is operable. A copy of such report shall be provided to the Commissioner of the Mount Vernon Police Department as well. Such report shall contain the information described in, and shall be created and sent in conformance with, § 1174- a(m) of the VTL.
.
Section 3. Severability. If any section, subsection, clause, or provision of this ordinance shall be adjudged invalid or unconstitutional, such determination shall not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate & Contract.
New matter underlined
Deleted matter in brackets [ ]