The new eCitation statute in Virginia is an opt-in statute that requires local jurisdictions to pass an
enabling (an “opt-in”) ordinance in order to take advantage of the new state law. This model ordinance
is for consideration by interested counties and municipalities in Virginia.
ORDINANCE NO. 2014 -______________
AN ORDINANCE AMENDING THE CODE ORDINANCES OF THE COUNTY OF
________________________ BY THE ADDITION OF SECTION __________________,
ENTITLED “ADDITIONAL ASSESSMENT FOR ELECTRONIC SUMMONS SYSTEM”
TO CHAPTER __________, ARTICLE _______ENTITLED “_____________________”
WHEREAS, _____________ County (the “County”) desires to implement [has recently
implemented] an electronic summons system for criminal and traffic cases in the district and circuit
courts located within the County’s boundaries; and
WHEREAS, the _______________ County Board of Supervisors is authorized by
Virginia Code §17.1-279.1 to assess a specific additional fee for “electronic summons systems”
(the “Fee”) as part of the costs assessed pursuant to Virginia Code §17.1-275.5 (the “Costs”) in
each criminal or traffic case (“Action”) in the district or circuit courts located within the boundaries
of the County in which the defendant is charged with violation of any statute or ordinance; and
WHEREAS, the _________________ County Board of Supervisors desires to enact an
ordinance that will, pursuant to the authority provided by and set forth under Virginia Code §17.1279.1, provide for the collection of a specific, additional Fee from the defendant in the amount of
Five Dollars ($5.00) as part of the Costs assessed by the Clerk of any court located within the
County; and
WHEREAS, the Fee will be collected by the Clerk of the Court in which the Action is
filed, remitted by the Clerk of Court to the Treasurer of the County, and held by the County
Treasurer, subject to disbursements by the ________________ County Board of Supervisors to a
local law enforcement agency [name of agency] solely to fund software, hardware, and associated
equipment costs for the implementation and maintenance of an electronic summons system; and
WHEREAS, the _________________ County Board of Supervisors finds that it is
necessary, desirable and in the best interest of the County to immediately enact this Ordinance.
NOW, THEREFORE, BE IT ENACTED by the Board of Supervisors of ____________
County, Virginia as follows:
Section 1.
The Board of Supervisors of _____________ County hereby incorporate
the foregoing preamble clauses into this Ordinance and make the findings as hereinabove set forth.
Section 2.
That the ___________________ County Code, Chapter ____,
Article____, is hereby further amended by the addition of Section ____ - Additional Assessment
for Electronic Summons System, to read as follows:
Section ______ - Additional Assessment for Electronic Summons System
Pursuant to the authority granted by Virginia Code §17.1-279.1, there is hereby assessed against
any person convicted of any traffic or criminal case in the district or circuit court within the County
a fee of Five Dollars ($5.00) for the exclusive purpose of implementing and maintaining an
electronic summons system by [local law enforcement agency]. This fee shall be assessed by the
Clerk of the Court at the time judgment in favor of the County as part of the costs assessed by the
Clerk of the Court pursuant to Virginia Code §17.1-275.5. The fee shall be collected by the Clerk
of the Court in which the action is filed, remitted to the County Treasurer, and held by the County
Treasurer for disbursement to [local law enforcement agency] solely to fund software, hardware,
and associated equipment costs for the implementation and maintenance of an electronic summons
system. The disbursements made by the County Treasurer shall be made only after receipt of
invoices from the [local law enforcement agency] demonstrating that the funds are required to fund
implementation and maintenance costs as specified herein.
This Ordinance is effective upon enactment:
A Copy Teste:
_______________________________________
XXXXXXXXXXXXXX
County Supervisor