Borough of Hamburg, PA
Berks County
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Table of Contents
Table of Contents
[Ord. No. 846-2019, 6/24/2019]
1. 
The purpose of this Part is to ensure that all Borough public security camera systems:
A. 
Further a legitimate, clearly articulated public safety purpose;
B. 
Can effectively achieve their articulated purpose;
C. 
Can achieve their articulated purpose more efficiently than could alternative means;
D. 
Minimally impact constitutional rights;
E. 
Employ an open and publicly accountable process; and
F. 
Employ technological and administrative safeguards to reduce the potential for misuse and abuse.
[Ord. No. 846-2019, 6/24/2019]
As used in this Part, certain words and phrases are defined as follows:
APPENDING DATA
Using technology to attach personally identifiable information, such as name, address, or criminal history, to footage or other records of the Borough public security camera system, such that those subsequently accessing the footage or records can also access the attached personal information.
AUDIO RECORDING
A permanent or retrievable record of oral conversations and audible sounds. The Borough of Hamburg 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.
AUTOMATIC IDENTIFICATION
Use of a Borough 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.
AUTOMATIC TRACKING
The use of a Borough 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.
BOROUGH
Borough of Hamburg, Berks County, Pennsylvania.
BOROUGH PUBLIC SECURITY CAMERA
A public security camera, owned or controlled by the Borough of Hamburg, focused on a public place, paid for in whole or in part with Borough or other government monies, not handheld by system operators, implemented for a period of time up to 180 days and then to continue indefinitely, and the primary purpose of which extends beyond a single, specific law enforcement investigation.
GOVERNMENT MONIES
Funds secured from the Borough Council of the Borough or any other federal, state, county or Borough funding source.
HARM
Physical, financial or emotional injury and is not limited to legal wrongs or violations of legal duties.
INSTALLATION
An arrangement of cameras allowing them to operate without direct manual control.
MISUSE
Use, operation of or interaction with a PSC system in a manner inconsistent with the use restrictions described in this chapter or otherwise not conforming to the approved purposes of the PSC system.
OBSERVATION or MONITORING
Real-time viewing of live camera images.
OPERATOR or AUTHORIZED OPERATOR or BOROUGH OPERATOR
A Borough employee or designee authorized by Borough Council of the Borough and trained to use the system, working for or under the supervision or control of the Borough Council of the Borough.
PAN, TILT AND ZOOM
Manipulating a camera to view areas outside the original image frame or measurably increase the resolution of the images rendered.
PUBLIC SECURITY CAMERA FOOTAGE or FOOTAGE
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.
PUBLIC SECURITY CAMERA SYSTEM or PSC SYSTEM or SYSTEM
Two or more Borough-owned and -operated cameras focused on a public place and remotely operated.
RECORDED
Images that are preserved and stored by a Borough 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.
REVIEWER
The Borough Chief of Police or the other designee(s) of Borough Council.
SECONDARY PURPOSE
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.
THIRD PARTIES
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 Hamburg Borough Council.
[Ord. No. 846-2019, 6/24/2019]
1. 
The Borough of Hamburg intends to abide by the following principles in its use of public security cameras and recordings:
A. 
When images are recorded, stored, reviewed or otherwise processed, the purpose for such activity shall be stated and recorded;
B. 
Borough-owned public security cameras shall be open and the cameramonitored areas shall have signs advising the public of the presence of the cameras;
C. 
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 Part;
D. 
Access to data from Borough public security cameras shall be available upon written request and approval from Borough Council of the Borough provided that access is limited to only Borough-owned devices unless otherwise approved by Borough Council of the Borough;
E. 
Images acquired by the Borough from Borough public security cameras shall not be used for any purpose other than the described purpose set forth in the application for access;
F. 
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. 
Borough public security camera authorized operators shall be approved by Borough Council of the Borough, be trained and supervised in the responsible, lawful and ethical use of the cameras, the recording equipment and the recorded images. Access to footage shall be limited to the Borough Chief of Police and the authorized operators of Borough Council, who shall likewise be trained and supervised in the responsible, lawful and ethical use of footage;
H. 
In the discretion of Borough Council of the Borough, there shall be specific sanctions for misuse or abuse of the system or of the footage including suspension without pay or termination for employees or public censure for officials;
I. 
Borough-owned public security camera footage shall not typically be monitored except when an event triggers the need for short-term monitoring.
J. 
There shall be no audio recording.
K. 
All operators shall provide Borough Council of the Borough with a Pennsylvania State Police background check.
[Ord. No. 846-2019, 6/24/2019]
1. 
Borough public security cameras may be deployed only in those public property areas for security/safety reasons or areas experiencing a distinct pattern of crimes being committed on public space where utilization of camera surveillance could detect and/or eliminate such crimes. From and after the effective date of this Part, a Borough public security camera location shall be approved by Borough Council of the Borough under the following conditions:
A. 
The proposed location is an area of public property of the Borough where the system is needed for public safety and security;
B. 
The proposed location is a public space experiencing a distinct pattern of crime;
C. 
The potential to deter and/or eliminate such criminal activity outweighs any concerns asserted by the affected community; and/or
D. 
There exists significant support from the affected community for the camera(s).
2. 
In addition, the Chief of Police of the Borough shall have the ability, without approval by Borough Council, to select a temporary location for a Borough public security camera for use in a law enforcement or crime prevention activity, as long as the use and location otherwise complies with this Part.
3. 
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 Part, and use of Borough public security cameras by such persons in any other manner or location, or for any other purpose, is expressly prohibited. The Borough Manager shall maintain a log of all public security camera locations, the dates of their approval by the Borough Council. Such log shall be available in accordance with the PA Right to Know Law.[1] The Borough Manager shall maintain a log of all security cameras monitoring activity on Borough property.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
[Ord. No. 846-2019, 6/24/2019]
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.
[Ord. No. 846-2019, 6/24/2019]
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 Hamburg where there is suspected criminal activity or situations causing concerns for public safety or where there is a potential for criminal activity.
[Ord. No. 846-2019, 6/24/2019]
All Borough 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. Borough public security cameras in residential areas shall not provide visual access not available to the general public.
[Ord. No. 846-2019, 6/24/2019]
All footage and accompanying data from Borough public security cameras may be 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.
[Ord. No. 846-2019, 6/24/2019]
Except as otherwise provided in §§ 1-1511, 1-1512 and 1-1513 of this Part, 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, shall be limited to enumerated lists of authorized Borough operators, as designated by the Borough Council who have completed the requisite training program described in this Part.
[Ord. No. 846-2019, 6/24/2019]
A Borough operator may access and use Borough recorded footage for purposes consistent with the purpose of the system as articulated in this Part. No additional approval is required for such use, once the footage has been properly retained pursuant to the retention requirements of this Part. In accordance with § 1-1504, Subsection 3, 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.
[Ord. No. 846-2019, 6/24/2019]
1. 
As this Part pertains to criminal defendants:
A. 
In accordance with the Pennsylvania and the Federal Rules of Criminal Procedure only, defendants in criminal cases may obtain Borough public security camera footage related to the charges pending against them that is within the Borough's possession, custody, or control.
B. 
If Borough public security camera footage is intended to be used in the prosecution's case in chief in a criminal trial, the criminal defendant shall be provided with all the information as required by applicable state and federal laws.
C. 
Footage disclosed to criminal defendants under this section shall not be disclosed to the public, except to the extent necessary to defend against the criminal charges in the action under which the footage is disclosed or upon court order of competent jurisdiction.
[Ord. No. 846-2019, 6/24/2019]
1. 
As this Part relates to footage being used in civil suits between private litigants:
A. 
Data collected by Borough public security camera systems 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.
[Ord. No. 846-2019, 6/24/2019]
1. 
As this Part relates to other government entities:
A. 
Except as provided in § 1-1511 or 1-1512, a governmental entity may not access or use Borough recorded footage.
B. 
A governmental entity 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 Borough Council of the Borough 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. Borough Council of the Borough shall have the sole discretion to release the footage based upon specific guidelines including, but 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.
[Ord. No. 846-2019, 6/24/2019]
1. 
Detailed records shall be kept by the Borough in a secure location under the control of the Borough Manager pending review and during litigation and/or permanently stored if legally necessary in a safe deposit box in the name of the Borough regarding the operation of and access to the Borough public security camera system, including:
A. 
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. 
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. 
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.
[Ord. No. 846-2019, 6/24/2019]
The Hamburg Borough Council shall select, in its sole discretion, who and/or what entities shall have access to the system and be an operator hereunder. Those selected shall be provided training for all Borough-owned public security camera systems as deemed necessary by Borough Council of the Borough from time to time.
[Ord. No. 846-2019, 6/24/2019]
Prior to access or within 30 days of the effective date of this Part, all operators of Borough public security cameras shall sign a certification that they have read and understand this Part.
[Ord. No. 846-2019, 6/24/2019]
Access to a Borough public security camera system and its facilities and stored data, including but not limited to control rooms, databases, and cameras, shall be limited to the Chief of Police of the Borough and the enumerated list of authorized operators who have completed the requisite training program described in §§ 1-1515 and 1-1516, except where data must be provided to third parties as enumerated in §§ 1-1511, 1-1512 and 1-1513. In the event that an authorized operator is found to have violated any provision(s) of this Part, the Borough Council shall have the ability to permanently remove such person/entity as an authorized operator. In addition, the Chief of Police shall have the ability to temporarily remove or suspend an authorized operator in the event of an emergency until the next regular or special meeting of Borough Council.
[Ord. No. 846-2019, 6/24/2019]
Prior to access or within 30 days of the effective date of this Part, all operators of Borough public security cameras shall submit to Borough Council a copy of a current Pennsylvania State Police background check.
[Ord. No. 846-2019, 6/24/2019]
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.
[Ord. No. 846-2019, 6/24/2019]
At the discretion of Borough Council of the Borough, reviews must be conducted in case of misuse or harm, alterations or change in purpose.