[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-11-2016 by Ord. No. 7-11-16]
The purpose of this article is to ensure that all public security
camera systems:
A.Â
Further a legitimate, clearly articulated public safety purpose;
B.Â
Can effectively achieve their articulated purpose;
C.Â
Can achieve their articulated purpose more efficiently than could
alternative means;
D.Â
Minimally impact constitutional rights;
E.Â
Employ an open and publicly accountable process; and
F.Â
Employ technological and administrative safeguards to reduce the
potential for misuse and abuse of the system.
As used in this article and/or in the regulations promulgated
by Borough Council certain words and phrases are defined as follows:
Using technology to attach personally identifiable information,
such as name, address, or criminal history, to footage or other records
of the public security camera system such that those subsequently
accessing the footage or records can also access the attached personal
information.
A permanent or retrievable record of oral conversations and
audible sounds. The Borough of South Waverly public security cameras
shall perform no audio recording. Audio recording is governed by state
and federal law and is separate and apart from the recording performed
by the security cameras in the public right-of-way. Any recordings
that capture audio shall be treated under the provisions of the Pennsylvania
Wiretapping and Electronic Surveillance Control Act, Act of October
4, 1978, P.L. 831, No. 164, 18 Pa.C.S.A. § 5701 et seq.,
as amended, and/or the federal Electronic Communications Privacy Act
of 1986, Pub. L. No. 99-508, 100 Stat. 1848 (1986), 18 U.S.C. § 2510
et seq., as amended.
Use of a public security camera system in conjunction with
biometric or other digital technologies to ascertain or confirm the
identity of an individual whose image is captured on public security
camera footage, whether in real time, as applied to recorded footage,
or prospectively.
The use of a public security camera system to follow a specific
individual or his or her vehicle with technology operating independently
of immediate or direct human control, regardless of whether his or
her identity is known, so as to create a seamless record of his or
her activity during a specific period.
A public security camera, owned or controlled by the Borough
of South Waverly, focused on a public place, paid for in whole or
in part with Borough or other government monies, not hand-held by
system operators, implemented for an indefinite period of time or
for longer than 180 days, and the primary purpose of which extends
beyond a single, specific law enforcement investigation.
Funds secured from the Borough Council or any other federal,
state, county or Borough funding source.
Physical, financial or emotional injury and is not limited
to legal wrongs or violations of legal duties.
An arrangement of cameras allowing them to operate without
direct manual control.
Use, operation of or interaction with a PSC system in a manner
inconsistent with the use restrictions described in this article or
otherwise not conforming to the approved purposes of the PSC system.
Real-time viewing of live camera images.
A Borough employee or designee authorized and trained to
use the system, working for or under the supervision or control of
the South Waverly Borough Council.
Manipulating a camera to view areas outside the original
image frame or measurably increase the resolution of the images rendered.
Any images recorded by a public security camera system or
by a public security camera paid for with government monies, including
time and location data, and any additional metadata or information
appended to the images on the footage.
Two or more government-owned and -operated cameras focused
on a public place and remotely operated.
Images that are preserved and stored by a public security
camera system for later review. This includes preservation for any
length of time beyond a short window necessary to perform an initial
review of the footage.
The Council President and/or Borough Mayor and their designees,
including the contracting Police Department.
An intentional, planned and authorized use of a system, a
component of it, or the collected data, for a purpose other than an
original approved purpose for the system.
Individuals or entities (other than the individual requesting
access to records relating to himself or herself) that are not under
the supervision or control of the South Waverly Borough Council.
The Borough of South Waverly intends to abide by the following
principles in its use of public security cameras and recordings:
A.Â
When images are recorded, stored, reviewed or otherwise processed,
the purpose for such activity shall be stated and recorded;
B.Â
Borough-owned public security cameras shall be open and the camera-monitored
areas shall have signs advising the public of the presence of the
cameras;
C.Â
Images collected by operation of Borough public security cameras
shall be retained no longer than necessary. Any long-term retention
shall be in accordance with this article;
D.Â
Access to data from Borough public security cameras shall be available
upon written request;
E.Â
Images acquired by the Borough from public security cameras shall
not be used for any purpose other than the described purpose set forth
in the application for access;
F.Â
Borough public security cameras shall be directed at the public right-of-way
or public property so that no recording is performed except of events
and persons in the public right-of-way or in public view, or on public
property. Public security cameras in residential areas shall not provide
visual access not available to the general public;
G.Â
Borough-owned public security camera footage shall not typically
be monitored except when an event triggers the need for short-term
monitoring.
H.Â
There shall be no audio recording.
A.Â
Borough public security cameras may be deployed only in those public
property areas to provide security for Borough personnel and visitors
and Borough property. From and after the effective date of this article,
a public security camera location shall be approved preliminarily
for installation and use by the Council President or his/her designee:
(1)Â
The proposed location is a public space for security for Borough
personnel and visitors and Borough property;
(2)Â
The potential to deter and/or eliminate such criminal activity outweighs
any concerns asserted by the affected community;
(3)Â
There exists significant support from the affected community for
the camera(s).
B.Â
Borough public security cameras, and any and all footage, may be
used only by those persons authorized herein and may be used solely
in the specific instances set forth in this article, and use of public
security cameras by such persons in any other manner or location,
or for any other purpose, is expressly prohibited. The Borough Secretary
shall maintain a log of all public security camera locations and the
dates of their approval by the Borough Council. Such log shall be
available to the public. The Borough Secretary shall maintain a log
of all security cameras monitoring activity on Borough property.
Borough public security cameras, and any and all footage, may
be used for the purpose of providing surveillance during any public
emergency, including, but not limited to, weather emergencies, fire
emergencies, flood, pollution incidents or threat conditions connected
with the safety of any person.
Borough public security cameras, and any and all footage, may
be used for the purpose of providing surveillance in the service of
law enforcement and crime investigation and prevention within the
Borough of South Waverly where there is suspected criminal activity
or situations causing concerns for public safety or where there is
a potential for criminal activity.
All public security camera systems and public security cameras
shall be directed at the public right-of-way or public property so
that no recording is performed except of events and persons in the
public right-of-way or in public view. Public security cameras in
residential areas shall not provide visual access not available to
the general public.
All footage and accompanying data from Borough public security
cameras must be automatically deleted or recorded over after expiration
of 180 days, except where retained for a specific criminal investigation
or in connection with an incident that may subject the Borough to
liability or to protect the Borough from any claims.
Except as otherwise provided in this article, or as otherwise
required by federal or state laws, the operator shall not disclose
footage or other data gathered or compiled by or stored in a Borough
public security system or a Borough public security camera to third
parties or provide to or allow third parties to access such footage
or data. Access to a Borough public security camera system and its
facilities and stored data, including, but not limited to, control
rooms, databases, and cameras, by the Borough operator and its employees
or agents shall be limited to enumerated lists of authorized Borough
operators designated by the Council President.
A Borough operator may access and use Borough recorded footage
for purposes consistent with the purpose of the system as articulated
in this article. No additional approval is required for such use,
once the footage has been properly retained pursuant to the retention
requirements of this article. All access to footage shall be logged
indicating the person who had access, when access took place, what
was viewed and the purpose for the access.
As this article relates to footage being used in civil suits
between private litigants:
A.Â
Data collected by Borough public security camera systems is for law
enforcement purposes and shall not be available to the parties or
discoverable in civil trials between private litigants except pursuant
to an order of a court of competent jurisdiction and upon prior request
made within 30 days of the event upon which the claim is based.
B.Â
Data collected by Borough public security camera systems shall be
made available to the parties in actions based on alleged police misconduct,
but only upon prior request made within 30 days of the event upon
which the claim is based.
C.Â
Any data collected by Borough public security camera systems which
contains footage relevant to a claim for damages which may be made
to the Borough under the Political Subdivision Tort Claims Act[1] shall be made available to the Borough and to the claimant
if request therefor is made in writing to the Council President within
30 days of the event upon which the claim is based.
[1]
Editor's Note: The Political Subdivision Tort Claims Act,
53 P.S. 5311.101 et seq., was repealed by 1980, Oct. 5, P.L. 693,
No. 142, § 333. See now 42 Pa.C.S.A. § 8501 et seq.
As this article relates to other government entities:
A.Â
A governmental
authority may apply for an order authorizing access to Borough recorded
footage, provided that such application is made within 30 days of
the footage being compiled. Such applications shall be in writing
upon oath or affirmation of an operator to the Council President and
shall require a full and complete statement of the facts and circumstances
surrounding the incident that has led to a request for access to Borough
recorded footage; a listing of specific cameras and specific times;
specific guidelines to determine whether or not to grant permission
to access Borough recorded footage. These guidelines should include,
but are not limited to, severity of the crime; providing probable
cause that an individual is committing, has committed, or is about
to commit a crime and that access to Borough recorded footage would
provide evidence or information about the crime.
Detailed records shall be kept by the South Waverly Borough
in a secure location under the control of the Council President pending
review and during litigation and/or permanently stored if legally
necessary in a safe deposit box in the name of South Waverly Borough
regarding the operation of and access to the Borough public security
camera system, including:
A.Â
An ongoing log of all those who maintain, operate, observe, inspect,
or access the public security camera system and/or any data or footage
collected by that system, including the purposes of each activity,
the names of the individuals engaging in that activity, and the times
and dates when such access occurs;
B.Â
An ongoing log of all recorded footage, including how long the footage
has been retained, why the recorded footage was retained, and copies
of any orders for extended retention, if they exist; and
C.Â
An ongoing log of all disclosures of recorded footage, including
a description of what is contained in the footage, the names of any
parties to which the footage was disclosed, when the footage was disclosed,
the reasons for disclosure, and copies of any orders for disclosure,
if they exist.
The South Waverly Borough Council shall retain a qualified video
surveillance contractor to assist in monitoring and documenting video
recorded activity.
Access to a Borough public security camera system and its facilities
and stored data, including, but not limited to, control rooms, databases,
and cameras, by the operator and its employees or agents shall be
limited to enumerated lists of authorized operators who have completed
the requisite training programs.
All operators of Borough public security cameras shall sign
a certification that they have read and understand this article.
A.Â
Notices in locations subject to the Borough public security cameras
shall be posted stating, in clear language, that such location is
subject to observation and, if applicable, recording, by a public
security camera system.
Reviews must be conducted in case of misuse or harm, alterations
or change in purpose.
