[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:
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.
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.
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.
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 of Hamburg, Berks County, Pennsylvania.
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.
Funds secured from the Borough Council of the Borough 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 chapter 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 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.
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 Borough-owned and -operated cameras focused on
a public place and remotely operated.
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.
The Borough Chief of Police or the other designee(s) of Borough
Council.
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 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.
