Automated License Plate Readers City Code
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CHAPTER 17: AUTOMATED LICENSE PLATE READERS Article 17-1. AUTOMATED LICENSE PLATE READERS ARTICLE 17-1: AUTOMATED LICENSE PLATE READERS Section 17-1-1 Purpose and Intent 17-1-2 Definitions 17-1-3 General Operation 17-1-4 Data Collection, Storage, and Sharing 17-1-5 Department Audits 17-1-6 Public Records Requests 17-1-7 Misuse of Other Information Systems 17-1-8 Penalty § 17-1-1 PURPOSE AND INTENT. The purpose of this chapter is to: (A) Establish standard policies, procedures and practices for use of Automated License Plate Readers (“ALPRs”) and to mitigate and penalize unauthorized personal use of this critical law enforcement tool. § 17-1-2 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: AUTHORIZED LAW ENFORCEMENT REPRESENTATIVES: City Police Department employees who are specifically designated by the Chief of Police to possess the appropriate clearance authorization to use the ALPR system. AUTOMATED LICENSE PLATE READERS: A device that passively records license plates of vehicles traveling on public right-of-ways. CITY: City of Apache Junction, an Arizona municipal corporation. HOT-LIST ALERTS: Automated alerts when a vehicle’s plate matches a pre-compiled list of stolen, wanted or high-risk vehicles connected with a crime. INFORMATION SYSTEMS: Electronic systems, databases, software, applications, networks, platforms or technology used, maintained, accessed or operated by the police department to collect, create, receive, access, process, store, transmit, or manage law enforcement information or data. RIGHT-OF-WAY: The property used as a public thoroughfare and lying between the exterior boundary lines of any area provided to or received by the city from grant, gift, easement, deed, dedication or operation of law, for street, alley, roadway, walkway or utility purposes. § 17-1-3 GENERAL OPERATION. (A) Only authorized law enforcement representatives are permitted to access ALPR data. (B) Authorized law enforcement representatives shall access ALPR systems with the following information: (1) Assigned credentials (i.e., passwords and usernames); and (2) Applicable CAD numbers and/or DR incident report numbers; and (3) Authorization by a named supervisor. (C) The Chief of Police shall amend existing police ALPR Policy 443 to be consistent with this chapter and all employees shall abide by all such directives. Should there be further changes to the police policy, the Chief of Police shall seek City Manager approval before implementing. (D) An ALPR and its data shall not be used for any purpose other than hot-list alerts, the investigation of misdemeanor and felony crimes or to search for missing, endangered or vulnerable persons. The ALPR data shall not be used for any non-law enforcement purpose, including but not limited to personal use, political or religious activity or surveillance unrelated to the lawful purposes as noted above. (E) The Chief of Police or designee shall conduct mandatory training for all authorized law enforcement representatives relating to data privacy, legal compliance and ethical use of ALPRs. On an annual basis, all authorized law enforcement representatives shall sign an acknowledgement of the police policy and the mandates under this chapter. § 17-1-4 DATA COLLECTION, STORAGE, AND SHARING. (A) ALPR data can only be stored for 30 consecutive calendar days, after which time no personnel shall have access thereto and it shall be purged from information systems. (B) ALPR data cannot be sold to any person or business entity. 2 (C) Only the license plate number, vehicle type, color, location, date and time shall be collected and stored for 30 consecutive calendar days. (D) Data sharing between the city and other cities and towns or counties is permitted with supervisor pre-approval, provided that any access to or use of ALPR data complies with the authorization, credentials, permissions and documentation requirements set forth in this Chapter. § 17-1-5 DEPARTMENT AUDITS. (A) Audits of ALPR logs/users shall take place monthly by the Chief of Police or his/her designee to detect and address any unauthorized or suspicious activities. (B) The City Manager shall appoint a City employee outside of the police department to review and inspect the accuracy of the police department’s audit. § 17-1-6 PUBLIC RECORDS REQUESTS. (A) All public records requests shall be promptly processed pursuant to A.R.S. § 39-121 et seq. § 17-1-7 MISUSE OF OTHER INFORMATION SYSTEMS. (A) Any person or authorized law enforcement representative who misuses any information systems surveillance technology, such as but not limited to drones, real-time crime center resources, shall be prosecuted with a class one misdemeanor. § 17-1-8 PENALTY. (A) Any person violating any of the provisions of this Chapter, shall be guilty of a class one misdemeanor as set forth in Apache Junction City Code, Vol. I, § 1-1-11. (B) City employees who violate this Chapter shall also be terminated. 3