Los Altos Hills Municipal Code Ch. 9 Automatic License Plate Readers

This chapter applies to those automatic license plate readers (ALPRs) that are either owned or contracted for by the Town and deployed at fixed locations in Los Altos Hills for the purposes of deterring crime, assisting with law enforcement investigations, and creating a safer environment for the Los Altos Hills community. The purpose of this chapter is to ensure that the collection, use, maintenance, sharing, and dissemination of information collected pursuant to ALPRs owned or contracted for by the Town protect individual privacy and civil liberties, and also to enforce regulations regarding the use, management, retention and other aspects of Town ALPRs.

(§ 2, Ord. 595, September 18, 2021)

ALPR policy

means a City Council-adopted and publicly available policy of the Town governing the use, operation, management, data retention and other aspects of ALPRs.

Authorized personnel

means individuals or entities that are authorized to access data collected by ALPRs pursuant to an ALPR policy.

Automatic license plate reader or ALPR

means the technology, software and hardware owned or contracted for by the Town and deployed in Los Altos Hills that provide automated detection of vehicle license plates using high speed cameras or other similar means.

Data

means any and all information gathered by ALPRs in the form of license plates and metadata (such as location and time of the license plates being viewed), as well as access records, searches, and any other operational data collected by the ALPR software system used to store, index, and access the information gathered by ALPRs.

(§ 2, Ord. 595, September 18, 2021)

Only authorized personnel may operate and access ALPR systems and data collected thereunder. The Town shall develop, and the City Council shall adopt and may amend from time to time, an ALPR policy that establishes the requirements and standards governing the use, operation, maintenance, and data collection and access for Town ALPRs. The ALPR policy shall also impose requirements relating to the collection, use, maintenance, sharing, and dissemination of information collected pursuant to ALPRs. The ALPR policy shall be made available to the public in writing and posted on the Town's website.

(§ 2, Ord. 595, September 18, 2021)

(a) Any person violating the Council-adopted ALPR policy, as may be amended from time to time, is guilty of a misdemeanor pursuant to Municipal Code Section 1-2.06 and shall be subject to a fine of $1,000. Violations of the ALPR policy shall include, but are not limited to, unauthorized access, possession, or release of data and information gathered or stored by ALPRs.

(b) In addition, violations of this chapter shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the Municipal Code including cost recovery provisions under Section 1-2.04. The Town may enforce the violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Where it is necessary for the Town to file a civil action in court to obtain compliance with this chapter, the court may, in its discretion, assess a civil penalty based on factors outlined in Municipal Code Section 1-2.05(a) against the violating parties in the event the Town is the prevailing party.

(c) Each violation shall be deemed a distinct and separate offense.

(d) In accordance with Civil Code Section 1798.90.54, an individual who has been harmed by a violation of this chapter, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. The court may award a combination of any one or more of the following:

(1) Actual damages, but not less than liquidated damages in the amount of $2,500.

(2) Punitive damages upon proof of willful or reckless disregard of the law.

(3) Reasonable attorney's fees and other litigation costs reasonably incurred.

(4) Other preliminary and equitable relief as the court determines to be appropriate.

(§ 2, Ord. 595, September 18, 2021)