[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift 9-8-2020 by Ord. No. 2-2020. Amendments noted where applicable.]
The purpose of this chapter is to ensure that all 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 of the system.
As used in this chapter 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.
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 Vandergrift and Borough of Vandergrift Police Department, focused
on a public place, paid for in whole or in part with Borough or other
government monies, not handheld by system operators 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 which 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 Vandergrift Borough Police Department employee or designee
authorized to use the surveillance system, working for or under the
supervision or control of the Vandergrift Police Department.
Manipulating a camera to view areas outside the original
image frame or measurably increase the resolution of the images rendered.
An examination completed on an annual basis.
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.
Any member of the Vandergrift Borough Police Department or
designee.
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.
Any and all equipment used for the proper function of surveillance
cameras in the Borough of Vandergrift.
The Borough of Vandergrift intends to abide by the following
principles in its use of public security cameras and recordings:
A.
Any use or retention of Borough camera footage shall be in accordance
with this chapter;
B.
Borough public security cameras shall be directed primarily at the
public right-of-way or primarily at public property so that recording
is primarily of events and persons in the public right-of-way, in
public view or on public property. Public security cameras in residential
areas shall not provide visual access not available to the general
public; and
C.
Borough public security camera operators shall be responsible for
the proper use of the cameras, the recording equipment, and the recorded
images as provided in this chapter. Access to footage shall be limited
as provided in this chapter, and the limited number of personnel with
access to footage shall likewise be responsible for the proper use
of footage.
A.
Vandergrift Borough public security cameras shall be deployed in
those residential, commercial and industrial areas experiencing crimes
being committed on public space where utilization of camera surveillance
could detect and/or eliminate such crimes. Said areas shall be determined
by the Chief of Police and/or his/her designee. In making his or her
determination, the aforementioned individual(s) should consider:
B.
The Chief of Police and/or his/her designee shall have absolute discretion
in determining the number of surveillance cameras to be installed
within the Borough of Vandergrift.
Borough public security cameras may be deployed in any public
areas, including, but not limited to, those public property areas
experiencing a pattern of crimes being committed on public space where
utilization of camera surveillance may detect and/or eliminate such
crimes. From and after the effective date of this chapter, a public
security camera location shall be approved for installation and use
by the Chief of Police and/or his/her designee. The Borough of Vandergrift
shall maintain a log of all public security camera locations.
The use of the Borough public security cameras shall be limited
in the following manner:
A.
Automatic identification prohibited. Except upon a showing of probable
cause that an individual has committed or is committing a crime, using
a public security camera system or a public security camera paid for
with government monies for purposes of automatic identification is
prohibited. Any operator who violates the applicable policies and
procedures relating to automatic identification shall be subject to
administrative discipline at the discretion of the Chief of Police.
B.
Appending data prohibited. Appending data to public security camera
footage is prohibited. Any operator who violates the applicable policies
and procedures relating to appending data to public security camera
footage shall be subject to administrative discipline at the discretion
of the Chief of Police.
C.
Automatic tracking prohibited. Except upon a showing of probable
cause that an individual has committed or is committing a crime, using
a public security camera system or a security camera paid for with
government monies for purposes of automatic tracking is prohibited.
Any operator who violates the applicable policies and procedures relating
to automatic tracking shall be subject to administrative discipline
at the discretion of the Chief of Police.
D.
Automatic license plate recognition. The prohibitions against automatic
tracking, appending data and automatic identification do not apply
to ALPR (automatic license plate recognition) or ANPR (automatic number
plate recognition).
E.
Pan, tilt, and zoom are prohibited absent reasonable suspicion of
criminal activity.
(1)
The operator shall not use the pan, tilt or zoom features of a public
security camera or public security camera system in a way that targets
particular individuals absent a reasonable suspicion of criminal or
terrorist activity or of risks to public safety.
(2)
Any operator who violates the aforementioned shall be subject to
administrative discipline at the discretion of the Chief of Police.
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. § 570 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.
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, pandemic, pollution incidents or threat conditions
connected with the safety of any person or persons.
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 Vandergrift where there is suspected criminal activity,
situations causing concerns for public safety or where there is a
potential for criminal activity.
Vandergrift Borough and the Vandergrift Borough Police Department
are not required to retain footage from the public security cameras
for longer than 72 hours. Consequently, all footage and accompanying
data may be automatically deleted or recorded over after the expiration
of 72 hours. Vandergrift Borough shall not be required or responsible
to maintain any footage after 72 hours.
Designated members of the Vandergrift Police Department may
access and use Borough-recorded footage consistently as articulated
in this chapter. Access to footage may also be made available when
in accord with the requirements of Pennsylvania law.
When using a Borough public security camera system for approved
purposes, if the operator observes any activities or events arousing
reasonable suspicion of criminal activity or of possible criminal
activity, the operator may use that information to initiate an investigation
into said criminal activity or possible criminal activity.
Access to a Borough public security camera system and stored
data, including but not limited to control rooms, databases, and cameras,
by the operator and their employees or agents shall be limited to
an enumerated list of authorized users as determined by the Chief
of Police.
Periodic reviews of all equipment used for the operation of
the surveillance camera system within the Borough of Vandergrift should
be conducted on an annual basis. The Chief of Police and/or his/her
designees shall establish how the reviews are to be conducted. Any
and all maintenance needed for the surveillance camera system shall
be presented to the Borough Council for its approval prior to any
repairs and/or additional equipment being purchased.
