HomeMy WebLinkAboutEx 3 BPC 05102018 Resolution 2018 03 LPR PolicyDBOZEMAN PARKI NG COM M ISSIONRESOLUTION 2018-03A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING APOLICY FOR THE USE OF AN AUTOMATED LICENSE PI.ATE READER FOR PARKING ENFORCEMENT ANDSTATISTICAL DATA.GATH ERI NG PU RPOSESWHEREAS, Montana Code 46-5-117 defines a "License Plate Reader" as a device principally designedand primarily used for determining the ownership of a motor vehicle, the mileage or route traveled by a motorvehicle, the location or identity of a motor vehicle, or the identity of a motor vehicle's occupants on the publichighways through the use of a camera or other imaging device or any other device, including but not limited toa transponder, cellular telephone, global positioning satellite, automated electronic toll collection system,automated license plate recognition system, or radio frequency identification device; andWHEREAS, Montana Code 46-5-117 authorizes an incorporated city to install a license plate reader forthe sole purpose of recording and checking license plates; andWHEREAS, Montana Code 46-5-117 authorizes an incorporated city to use a license plate reader in aregulated parking system to identify a vehicle's location and license plate number to enforce parkingrestrictions; andWHEREAS, Montana Code 46-5-11-7 authorizes an incorporated city to use a license plate reader toidentify a vehicle's location and license plate number to collect data for planning; andWHEREAS, Montana Code 46-5-119 prohibits the disclosure of this or any data collected from an LPR tobecome a public record or be subject to public disclosure; andWHEREAS, Montana Code 46-5-119 authorizes employees of the City to access data for statistical,administrative, or legal activities necessary to perform the employee's duties; andWHEREAS, Montana Code 46-5-119 authorizes an incorporated city to use a license plate reader toidentify a vehicle's location and license plate number to collect data for planning; andWHEREAS, Montana Code 46-5-119 requires that information collected or stored in any databasecontaining records obtained by a license plate reader be kept for no more than 18 months; andWHEREAS, the Bozeman Parking Commission acknowledges that Montana State Code'46-5-tl7 and 46-5-119 recognize the City of Bozeman's authority to install a license plate reader for the sole purpose of recordingand checking license plates for statistical, administrative, planning, and parking enforcement purposes; andrequire a separate policy for any use of a license plate reader or its collected data by law enforcement; andrequire that data obtained by the license plate reader be a private record not subject to public disclosur'e andaccessible by an employee of the City only for statistical, administrative, or legal activities necessary to performthe employee's duties;
NOW, THEREFORE, BE lT RESOLVED that the Bozeman Parking Commission adopts BPC Policy #2018-03for the operation of an LPR system for the sole purpose of parking enforcement and statistical data-gatheringpurposes by the Parking Services Division of the City of Bozeman, Montana.PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 10th day of May, 2018. This resolution shall become effective immediately.Chris Naumann, ChairBozeman Parking CommissionATTESTEd Meece, Parking Program ManagerCity of Bozeman
ITBozeman Parking CommissionPOLICY: Automated License Plate Reader UsefAdopted by BPC Resolution 2018-03 on5l1:0l1'SThe Bozeman parking Commission (BPC), in alignment with the guiding principles and recommended strategiesof the 2O16 Strategic Parking Manogement Plan, authorizes the Bozeman Parking Services Division to install andoperate automated License Plate Recognition (LPR) devices to support its parking enforcement duties andenhance its administrative and planning capabilities for current and future parking management strategies.[PR:The purpose of the City of Bozeman Parking Services Division's use of an automated License Plate Recognition(LPR) device shall be to:o Obtain anonymized statistical information regarding number and location of vehicles to supportadministration and development of parking policies. Vehicles may be categorized by their parkingpermissions, including residency within an existing or proposed residential or commercial district, cityor state of license, past violation history (number and category of tickets), and length of time parked atone location. The license plate or ownership of that car will be anonymized so as not to link thatvehicle to any certain owner or driver.. Support enforcement of parking rules and regulations by identifying for parking enforcement officerscars that have parked in excess of posted time limits, or of non-permitted vehicles parked in permit-required zones..USE OF tPRThe LPR device shall be used by the Parking Services Division exclusively for the purposes stated above'It shall not be used to take photographs of the occupants of that vehicle or of a vehicle in motion.Use of the LPR device and data collected bythe LPR device bythe ParkingServices Division shall not beused for any other purpose, including for law enforcement. Separate use of the LPR device or datacollected by or on behalf of law enforcement or other agencies shall be subject to the restrictions onuse of that device and the data collected by that device specified in State or local law, and shall requireauthorization from a separate policy on LPR use and storage of data from the relevant agency.CTT¡ÞÂêE ÂNN ÞFÎFNTIN OF LPRr¡Â1Â ÂNn ÂaaFcs Tô çTôPFrì I pRÂLPR data, automatically uploaded by the LPR device to a database held by the LPR service provider, willbe made accessible only to employees of the City of Bozeman's Parking Services Division' A logincluding time, date, and name of the requesting employee shall be maintained for all access to data'Oa
Data from vehicles that were not detected by the LPR as being in violation of a time-limited parkingspace or as parked in a non-permitted parking in a permit zone will be deleted after 30 days. Ananonymized version of this data that removes personally identifying details of the specific vehicle(including, but not limited to, license plate number, ownership, and make and modelof vehicle) maybe kept for statistical and administrative use by the Parking Services Division for 365 days. Data fromvehicles that were detected by the LPR as being in violation of a time-limited parking space or parkedin a permit required zone without a valid permit will be deleted after 365 daysOVERSIGHT OF THE LPR DEVICEDesignated personnel who will operate the LPR device shall undergo scheduled training regarding useof the LPR equipment and access to LPR-obtained data at least once every 366 days. Designated,trained personnel shall check equipment at least every 91 days to ensure functionality and cameraalignment. Any equipment that falls outside expected functionality shall be removed from service untildeficiencies have been corrected. Employees shall not attempt to modify or change the LPR equipmentor software unless authorized to do so by the Parking Program manager or an employee designated toprovide such authorization by the Parking Program Manager or City Manager.Damage or other malfunctions of the equipment shall be reported to the Parking Program Manager.The Parking Program Manager shall comply with local and state record retention policies for training,maintenance, and calibration of the LPR system.ao