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HomeMy WebLinkAboutParking Resolution 2018-03 Adopting a Automated License Plate Reader Policy BOZEMAN PARKING COMMISSION RESOLUTION 2018-03 A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A POLICY FOR THE USE OF AN AUTOMATED LICENSE PLATE READER FOR PARKING ENFORCEMENT AND STATISTICAL DATA-GATHERING PURPOSES WHEREAS, Montana Code 46-5-117 authorizes an incorporated city to use a license plate reader in a regulated parking system to identify a vehicle's location and license plate number to enforce parking restrictions; and WHEREAS, Montana Code 46-5-117 authorizes an incorporated city to use a license plate reader to identify a vehicle's location and license plate number to collect data for planning; and WHEREAS, Montana Code 46-5-119 prohibits the disclosure of this or any data collected from an LPR to become a public record or be subject to public disclosure; and WHEREAS, 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; and WHEREAS, Montana Code 46-5-119 requires that information collected or stored in any database containing records obtained by a license plate reader be kept for no more than 18 months; and WHEREAS, the Bozeman Parking Commission acknowledges that Montana State Code 46-5-117 and 46-5-119 recognize: (i) the City of Bozeman has authority to install a license plate reader for the sole purpose of recording and checking license plates for statistical, administrative, planning, and parking enforcement purposes; (ii a separate policy must exist for any use of a license plate reader or its collected data by law enforcement; and (iii) that data obtained by the license plate reader is a private record not subject to public disclosure and accessible by employees of the City only for statistical, administrative, or legal activities necessary to perform the employee's duties. NOW, THEREFORE, BE IT RESOLVED that the Bozeman Parking Commission adopts BPC Policy#2018-03 for the operation of an LPR system for the sole purpose of parking enforcement and statistical data-gathering purposes 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 held on the 10th day of May, 2018.This resolution shall become effe 've 7diately. Chris Naumann, Chair Bozeman Parking Commission ATT Ed Meece, Park ng Program Manager City of Bozeman Bozeman Parking Commission POLICY: Automated License Plate Reader Use 'Adopted by BPC Resolution 2018-03 on 5/10/18 The Bozeman Parking Commission (BPC), in alignment with the guiding principles and recommended strategies of the 2016 Strategic Parking Management Plan, authorizes the Bozeman Parking Services Division to install and operate automated License Plate Recognition (LPR) devices to support its parking enforcement duties and enhance its administrative and planning capabilities for current and future parking management strategies. PURPOSE OF LPR: The purpose of the City of Bozeman Parking Services Division's use of an automated License Plate Recognition (LPR) device shall be to: • Obtain anonymized statistical information regarding number and location of vehicles to support administration and development of parking policies. Vehicles may be categorized by their parking permissions, including residency within an existing or proposed residential or commercial district, city or state of license, past violation history (number and category of tickets), and length of time parked at one location. The license plate or ownership of that car will be anonymized so as not to link that vehicle to any certain owner or driver. • Support enforcement of parking rules and regulations by identifying for parking enforcement officers cars that have parked in violation of city or state parking regulations. USE OF LPR • The 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 by the LPR device by the Parking Services Division shall not be used for any other purpose, including for law enforcement. Separate use of the LPR device or data collected by or on behalf of law enforcement or other agencies shall be subject to the restrictions on use of that device and the data collected by that device specified in State or local law, and shall require authorization from a separate policy on LPR use and storage of data from the relevant agency. STORAGE AND RETENTION OF LPR DATA, AND ACCESS TO STORED LPR DATA • LPR data, automatically uploaded by the LPR device to a database held by the LPR service provider, will be made accessible only to employees of the City of Bozeman's Parking Services Division. An access log including time, date, and name of the requesting employee shall be maintained for all access to data. • Data from vehicles that were not detected by the LPR as being in violation of a time-limited parking space or as parked in a non-permitted parking in a permit zone or otherwises in violation of state or city parking regulations will be deleted after 30 days. An anonymized 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 model of vehicle) may be kept for statistical and administrative use by the Parking Services Division for 365 days. Data from vehicles that were detected by the LPR as being in violation of a time-limited parking space or parked in a permit required zone without a valid permit will be deleted after 365 days OVERSIGHT OF THE LPR DEVICE • Designated personnel who will operate the LPR device shall undergo scheduled training regarding use of 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 camera alignment. Any equipment that falls outside expected functionality shall be removed from service until deficiencies have been corrected. Employees shall not attempt to modify or change the LPR equipment or software unless authorized to do so by the Parking Program Manager or an employee designated to provide 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.