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ORDINANCE NO. 1579 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY ADDING AND ADOPTING BY REFERENCE NEW CHAPTER 17 RELATING TO AUTOMATED LICENSE PLATE READERS AS MORE FULLY DETAILED IN THAT CERTAIN DOCUMENT TITLED “2026 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 17: AUTOMATED LICENSE PLATE READERS”; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, in 2023, the City of Apache Junction (“City”) police department (“AJPD”) hired a technology firm to provide, install and operate automated license plate readers (“ALPR”) as a law enforcement tool to investigate and solve crimes including but not limited to, locating stolen vehicles, missing persons, vulnerable adults and otherwise at-risk individuals, and suspects in criminal cases; and WHEREAS, the ALPR units capture still, point-in-time images of vehicles traveling within public right-of-ways and records license plate information and limited vehicle characteristics for authorized law enforcement purposes; and WHEREAS, the ALPR system used by AJPD is designed to identify vehicles and vehicle characteristics and cannot identify individuals through facial recognition nor determines a person’s race, gender, or nationality; and WHEREAS, concerns have recently been expressed regarding the use of ALPR technology, including those relating to individual privacy, data retention, data sharing, and the potential for unauthorized use; and WHEREAS, AJPD Policy # 443 has significant user regulations for ALPRs; and WHEREAS, council directed staff on September 15, 2026, to create a regulatory code so that unauthorized use of ALPRs can be more readily controlled and penalized criminally and administratively for misuse; and ORDINANCE NO. 1579 PAGE 1 OF 3 WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record is filed in the office of the clerk of the municipality and one electronic copy is accessible on the city’s webpage and made available for public inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. Apache Junction City Code, Volume I, new Chapter 17: Automated License Plate Readers, is hereby adopted as in the form noted below in #2. 2. That certain document containing the new Chapter 17 code provisions titled “2026 Amendments to the Apache Junction City Code, Volume I, Chapter 17: Automated License Plate Readers”, of which one paper copy is on file with the city clerk’s office and one electronic copy is accessible on the city’s webpage (www.apachejunctionaz.gov), which document was made a public record by Resolution No. 26-43 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference, is for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1579 PAGE 2 OF 3 SECTION IV PROVIDING FOR PENALTIES Any violation of the provisions adopted herein shall be punishable as a class one misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 1: General, Article 1-1: General, § 1-1-11, Penalty. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS ___ DAY OF _____ , 20 ___. SIGNED AND ATTESTED TO THIS DAY OF ____ ____ , 20 ___. _____________________________________ WALTER “CHIP” WILSON Mayor ATTEST: ______________________________ EVIE MCKINNEY City Clerk APPROVED AS TO FORM: ______________________________ RICHARD J. STERN City Attorney ORDINANCE NO. 1579 PAGE 3 OF 3