CHAPTER *****. Freedom From Surveillance Ordinance SEC 1. SHORT TITLE SEC 2. DEFINITIONS SEC 3. REQUIREMENTS FOR USE OF SURVEILLANCE CAMERAS. SEC 4. PROCEDURE FOR APPROVAL OF SURVEILLANCE CAMERS SEC 5. CONDITIONS FOR USE OF SURVEILLANCE CAMERAS. SEC 6. SEVERABILITY. SEC. 1. SHORT TITLE. This ordinance shall be known and may be cited as the Surveillance Camera Ordinance. SEC. 2. DEFINITIONS. For purposes of this ordinance the following definitions are adopted: (B) Surveillance Camera. The term Surveillance Camera means any system installed at a fixed location in a public place by the City of Ann Arbor, to record observations of ongoing [public / human / citizen] activity. (D) Residential Block. The term Residential Block means any city block in which the majority of the buildings are residences. SEC.3. REQUIREMENTS FOR USE OF SURVEILLANCE CAMERAS. The city may begin the procedure to install a surveillance camera only under the following circumstances: A) the public block the surveillance camera will monitor experienced more crime in the last year than 90% of all Ann Arbor city blocks, as indicated by the city’s crime statistics. B) there is evidence that the potential of the proposed surveillance camera to deter the criminal activity which has been occurring is significant. SEC 4. PROCEDURE FOR APPROVAL OF SURVEILLANCE CAMERAS. The city shall install surveillance cameras only after following the procedure specified in this section. A) Application. The process of installation shall be initiated by the Ann Arbor Police Department filing an application with the City Clerk thirty days before the surveillance camera is to be installed. A separate application must be filed for each surveillance camera. The application and all of its contents must be published on a publically available city website. B) Contents of Application. The application shall contain the following: (1) The date that the surveillance camera is to be installed and the date that the surveillance camera will be removed (2) The expected cost of the proposed surveillance camera and monitoring system. (3) a description of the technical specifications and capabilities of the surveillance camera proposed to be installed and the monitoring system to be used. (4) a description, including a drawing, diagram, or other pictorial representation, of the location and position of the surveillance camera, and the range and area that it will monitor. (5) crime maps that compare the level and nature of criminal activity that occurs in the public area with that which occurs in other public areas within the city. The crime maps must show that all the requirements of Section 3 are fulfilled. (6) a written evidence-based argument describing how the surveillance camera could be effective in reducing crime C) Notice of Surveillance Cameras (1) At least 30 days before the placement of a surveillance camera, the City shall post a minimum of 4 signs, as set forth below, within a 100 foot radius of the location for which the surveillance camera is proposed. The signs shall remain posted until the City installs the surveillance camera or decides against installing the surveillance camera. The signs shall be entitled NOTICE OF INTENT TO APPROVE A SURVEILLANCE CAMERA AT THIS LOCATION. Each sign shall include contact information and a telephone number where members of the public may obtain additional information and/or submit comments. (2) Additional Notice Provisions. In addition to the signposting requirements in Section Sub-section C(1), notices of the public hearing shall be mailed. The notices shall be sent to (a) The owner of each property within 300 feet of the proposed surveillance camera location as reflected on the latest records of the City Assessor. (b) Neighborhood associations and organizations listed with the Planning Department as representing businesses, owners or occupants located within 300 feet of the proposed surveillance camera location, and (c) To the extent practicable, the occupants of each property within 300 feet of the proposed surveillance camera location. (d) The mailed notice shall include all of the information required in Sub-section C(1) and shall be sent at least 30 days prior to the proposed date of surveillance camera installation. (e) Public Commentary. During the 30 days prior to proposed installation, citizens may contact Police Officials and comment on the proposal. The Police Department must consider public opinion before installing the surveillance camera. (3) Notice for Approved Surveillance Cameras. Upon approval and installation of a new surveillance camera, the City shall post a conspicuous sign within 25 feet of the location of the surveillance camera. The sign shall state that the area is under camera surveillance. Additionally, the location of all surveillance cameras installed throughout the City shall be published on the City website, which shall be updated within 30 days of the installation or removal of a surveillance camera. SEC 5. CONDITIONS FOR USE OF SURVEILLANCE CAMERAS. A) Live Monitoring and Sound. Surveillance Camera systems shall only be used for accessing the recordings after a crime has occurred. Live monitoring using the surveillance cameras is prohibited. Audio monitoring and recording are both prohibited. B) View of Surveillance Camera. The view of the surveillance camera shall not exceed that visible by human vision from a public street or sidewalk or other public right-of-way. No surveillance camera may be used to monitor through a private window or the inside of a private building. C) Location of Surveillance Camera. (1) A surveillance camera shall not monitor a residential block. (2) A surveillance camera shall not monitor an outdoor park. D) One Year Time Limit. (1) After a surveillance camera has been in place for one year, the Police Department must either remove the surveillance camera or submit an updated report showing the surveillance camera still conforms to the requirements of Section 3. The resubmitted report must conform to the procedures set out in Section 4. The application must be submitted and published 30 days before the one-year time limit is reached. (2) The surveillance camera may be renewed on a block that no longer has more crime than 90% of city blocks if the Police Department believes that the surveillance camera is the cause of the decrease in crime. In such a case, the Police Department must provide evidence that the surveillance camera’s presence was likely to have caused the decrease in criminal activity. E) Recordings . Recordings of observations made by a surveillance camera shall not be made public and may not be reviewed by anyone other than the following persons: (1) a member of the Ann Arbor Police Department [holding the rank of detective or higher,] in connection with the investigation of a specific crime or series of related crimes; (2) a defendant in a criminal proceeding, an attorney engaged in his or her defense, or an investigator or expert engaged by the defendant or the defendant’s attorney in connection with the defense of the criminal charge. (3) an attorney employed in a public prosecutorial function, but only in connection with a specific case in which the attorney is engaged in that function. F) recordings of observations made by a surveillance camera shall not be stored for more than two weeks, unless the recordings are part of an investigation of a specific crime or series of related crimes. Only recordings relevant to the investigation may be preserved. When the investigation is over, the relevant recordings must be destroyed. This subsection shall not preclude disclosure of a recording in the course of a criminal proceeding if the disclosure is approved by the Court. Any person who discloses a recording in violation of this subsection shall be deemed guilty of a misdemeanor and may be punished by fine or imprisonment of no more than 90 days in jail and/or $1000. SEC. 6. SEVERABILITY. If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable. * * * * * ************ * * * * *