Ordinance No. 1579

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
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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
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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
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