2023 Ordinances - Laserfiche WebLink

Home Browse Search

information collected pertaining to the suspected violation shall be purged within 60 days following the date of the violation. (h) A private vendor may enter into an agreement with the city or the Portsmouth Police Department to be compensated for providing a photo speed monitoring device and all related support services, including consulting, operations and administration. However, only a law enforcement officer may swear to or affirm the certificate required by this section. Any such agreement for compensation shall be based on the value of the goods and services provided, not on the number of violations paid or monetary penalties imposed. Any private entity contracting with a law enforcement agency pursuant to this section may enter into an agreement with the department of motor vehicles, in accordance with the provisions of subdivision B 31 of Code of Virginia, � 46.2 -208, to obtain vehicle owner information regarding the registered owners of vehicles that committed a violation of Code of Virginia, § 46.2 -873 or Code of Virginia, & 46.2- 878.1. Any such information provided to such _private vendor shall be protected in a database. i) Information collected by a photo speed monitoring device operated pursuant to this section shall be limited exclusively to that information that is necessary for law enforcement purooses and the enforcement of school crossing zone and highway work zone speeding violations. Information provided to the operator of photo speed monitoring devices shall be protected in a database and used only for law enforcement purposes and the enforcement against individuals who violate this section or Code of Virginia, § 46.2 -873 or Code of Virginia, § 46.2- 878.1. i) Notwithstanding any other provision of law, all photographs microphotographs, videotapes, or other personal information collected by a photo speed monitoring device shall be used exclusively for enforcing school crossing zone and highway work zone speed limits and shall not be (i) open to the public, (ii) sold or used for sales, solicitation, or marketing purposes: (iii) disclosed to any other entity except as may be necessary for the enforcement of school crossing zone and highway work zone speed limits or to a vehicle owner or operator as part of a challenge to the violation: or (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of this section or Code of Virginia, § 46.2 -873 or Code of Virginia, § 46.2- 878.1, or such information is requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. The Portsmouth Police Department shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subdivision shall be subject to a civil penalty of $1,000 per disclosure.