The purpose of this chapter is to provide for the proper use of data and recordings gathered by the city through the use of automated license plate reader system and the public safety camera system.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
(a) 
"Automated license plate reader system" or "ALPR system"
means a searchable computerized database resulting from the operation of one (1) or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data.
(b) 
"Automated license plate reader information" or "ALPR information"
means information or data gathered through the use of an ALPR system.
(c) 
"Public safety camera system"
means cameras that record images only and not sound and that are placed in strategic fixed locations within the city at the direction of the chief of police and with the approval of the city council for the purpose of detecting and deterring crime, to help emergency services personnel maintain public order, to help manage emergency response situations during natural and manmade disasters, to monitor pedestrian and vehicle traffic activity, to assist in the preparation of traffic reports, and to assist city officials in prosecuting and/or defending civil or administrative actions.
(d) 
"Recordings"
means the recorded images, without sound, recorded by the public safety camera system.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
(a) 
ALPR information may be securely transmitted to an entity that is a part of a multi-jurisdictional public safety program created to assist local, state, federal and tribal public safety agencies and critical infrastructure locations with the collection, analysis, and dissemination of criminal threat information, including, but not limited to, the Northern California Regional Intelligence Center ("NCRIC"), provided such entities have executed agreements with the city agreeing to comply with the retention/destruction provisions set forth in this section.
(b) 
ALPR information transmitted under this section from the police department shall be kept no more than thirty (30) days, and then destroyed, unless retention of ALPR information is necessary for an active criminal case or pursuant to a valid court order.
(c) 
ALPR information may only be accessed by law enforcement personnel who are approved to access the data and who have undergone required training for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department-related civil or administrative action.
(d) 
ALPR information may be accessed by other NCRIC agencies that have executed a memorandum of understanding with NCRIC, but only for legitimate law enforcement purposes and by authorized/trained personnel and only in compliance with all policies, procedures and reporting requirements of NCRIC.
(e) 
ALPR information may be released to other non-NCRIC authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes, with approval of the chief of police or police commander, provided any such official and/or agency has executed an agreement with the city agreeing to comply with the terms and provisions of this section and Section 2.56.040.
(f) 
All data and images gathered are for official use of the police department and, because such data may contain confidential California Law Enforcement Telecommunications Systems ("CLETS") information, it is not open to public view or inspection.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
(a) 
ALPR information shall not be used to invade the privacy of individuals, to look into private areas or areas where the reasonable expectation of privacy exists, nor shall they be used to harass, intimidate or discriminate against any individual or group, nor for any purpose not specifically authorized by this chapter.
(b) 
ALPR information shall not be used for any of the following:
(1) 
Any purpose that violates this policy or any applicable laws and regulations;
(2) 
The purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code Sections 7282.5 and 7284.2 et seq)—these federal immigration agencies include Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP); or
(3) 
Any purpose that would assist another state to carry out enforcement actions that violate state or local laws.
(c) 
Unauthorized access, possession or release of data is a violation of police department policy and various federal and state criminal statutes. Any employee who accesses, possesses or releases data from the ALPR system without authorization, or in violation of this chapter and such additional policies established by the police department, may face department discipline up to and including termination, criminal prosecution and/or civil liability.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
(a) 
The police department will generate a report which shall indicate the number of license plates captured by the ALPR system in the city of Menlo Park, how many of those license plates were "hits" (on an active wanted list), the number of inquiries made by Menlo Park personnel along with the justifications for those inquiries, and information on any data retained beyond thirty (30) days and the reasons for such retention in compliance with Section 2.56.030(b).
(b) 
Following generation and review of the quarterly ALPR report, described in subsection (a) of this section, the police department shall provide an information report to the city council.
(c) 
ALPR system audits will be randomly conducted by the California Department of Justice and in conjunction with yearly CLETS audits.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
(a) 
Public safety camera recordings may only be used for the purpose of criminal investigations, detecting and deterring crime, to help emergency services personnel maintain public order, to help manage emergency response situations during natural and manmade disasters, to monitor pedestrian and vehicle traffic activity, to assist in the preparation of traffic accident reports, and to assist city officials in prosecuting and/or defending civil or administrative actions.
(b) 
Recordings will be made in a professional, ethical and legal manner.
(c) 
All recordings will be stored by the police department in a secure location with access restricted to authorized persons, and shall not be accessible by third parties without express permission.
(d) 
Recordings not otherwise needed for reasons in subsection (a) of this section shall be retained for a period of no more than ninety (90) days and then erased or recorded over as limited by the storage capacity of the cameras.
(e) 
Any recordings needed as evidence in a criminal or civil case proceeding or for another reason specified in subsection (a) of this section shall be collected and booked in accordance with current police department evidence procedures.
(f) 
Recordings may only be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes as specified in subsection (a) of this section with approval of the chief of police or police commander, provided such official or agency executes an agreement with the city agreeing to comply with the terms and provisions of this section and Section 2.56.070, or with a valid court order.
(g) 
Except as required by a valid court order or other lawful process, recordings do not constitute public records and will not be disclosed to the public.
(h) 
Facial recognition and cognitive security software may only be used to review recordings from the public safety camera system with the approval of the chief of police or police commander in specific criminal investigations or specific threats to public safety.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
The public safety camera system will not be used to invade the privacy of individuals, or to look into private areas or areas where the reasonable expectation of privacy exists. The public safety camera system shall not be used to harass, intimidate or discriminate against any individual or group, nor for any purpose not authorized by this chapter.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
The chief of police or his/her designee will conduct an annual review of the public safety camera system, its use, effectiveness and adherence to policy, including frequency and purpose for use of facial recognition or cognitive security software and frequency and purpose for retention of recordings beyond ninety (90) days, and will provide an annual information report to the city council regarding such review.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)
The police department is directed to adopt policies to be included in its policy manual consistent with the provisions of this chapter, which policies may be more restrictive, but not less restrictive, than the policies set forth in this chapter.
(Ord. 1007 § 2 (part), 2014; Ord. 1119 § 2 (Exh. A), 2024)