Loading...
(a) Public Notice of Proposed Camera Installation. At least 30 days before a public meeting to consider a public safety camera at a new location, the Department shall post a minimum of four signs within a 100-foot radius of the location at which the camera is proposed. Each sign shall be at least thirty inches by thirty inches. The signs shall be entitled NOTICE OF INTENT TO INSTALL PUBLIC SAFETY CAMERA(S) AT THIS LOCATION and shall include the time, date, and location of the public meeting regarding the camera installation, and contact information where members of the public may obtain additional information and/or submit comments. Signs shall be posted in languages appropriate to the specific neighborhood, and as required by the Language Access Ordinance, Chapter 91 of the Administrative Code.
(b) Notice for Approved Cameras. Upon approval by the Chief of Police and installation of a new public safety camera, the Department shall post a conspicuous sign within 25 feet of the location of the camera stating that the area is under camera surveillance, unless the Chief of Police determines that the sign would reduce public safety or undermine the effectiveness of the camera in enhancing public safety.
(Added by Ord. 127-06, File No. 060086, App. 6/22/2006; amended by Proposition E, 3/5/2024, Eff. 4/12/2024)
(a) Access to the recorders for public safety cameras shall be limited to personnel from the DT for purposes of installation, repair, maintenance and upgrades, and to Custodian of Records staff from the Department of Emergency Management (“DEM”). DEM staff shall be responsible for proper release of the records.
(b) The camera recording devices shall be kept in secure areas with password protection for access.
(c) Members of the Police Department may obtain copies of the recordings or access to live-feeds by presenting a written request to DEM. The request shall be submitted by a sworn member of the Department holding the rank of Sergeant or higher, and approved by a Captain or higher-ranking officer. In exigent circumstances only, DEM may release the recordings and/or live-feed access to the Sergeant or higher-ranking officer prior to receipt of a written request, but in that circumstance the requesting officer the1
must then provide DEM a written justification for the release, including specification of the exigent circumstances, approved by a sworn member holding the rank of Captain or higher, within seven days from the release.
(d) The Public Defender, other criminal defense attorney, or an investigator appointed by the Court to assist a pro se criminal defendant may submit a written request to obtain copies of the recordings to DEM. A copy of the request shall be delivered concurrently to the Office of the District Attorney. The request shall include the name and court number of the charged criminal case, the time and place of the recordings, and a declaration under penalty of perjury verifying that the request is made in connection with the investigation or defense of a charged criminal case and further declaring under penalty of perjury that the attorney or investigator will use any public safety camera recordings released by DEM only in connection with the charged criminal case. Upon receipt of the written request, DEM shall preserve for 180 days any recordings requested and deliver a copy of the recordings to the Office of the District Attorney. The District Attorney may review the recordings with members of the Police Department at the rank of Sergeant or higher in determining whether to seek a court order preventing disclosure. DEM shall deliver to the requesting individual a copy of the recordings within five court days of the disclosure to the District Attorney, unless the District Attorney applies for a court order to prevent disclosure of the recordings pursuant to existing law. If the District Attorney applies for a court order to prevent disclosure, DEM shall not produce the recordings to the requesting individual until the court issues a decision regarding production.
(e) DEM may only release records to agencies or individuals other than those specified in section 19.3 pursuant to a court order. DEM must notify the Board of Supervisors within seven days of any release pursuant to a court order.
(f) Under no circumstances may recordings from public safety cameras be used for personal purposes.
(g) DT shall ensure that public safety cameras retain data for a period of 30 days, unless the Department advises that a longer retention period is required for an active investigation.
(h) DEM, through a written agreement, may delegate its authority and responsibility under this Chapter 19 to DT or another non-law enforcement department.
(Added by Ord. 127-06, File No. 060086, App. 6/22/2006; Ord. 32-08, File No. 071536, App. 3/4/2008; amended by Proposition E, 3/5/2024, Eff. 4/12/2024)
CODIFICATION NOTE
The Chief of Police, or the Board of Supervisors acting by ordinance to override this Chapter 19 pursuant to Section 19.8, may direct the removal of a public safety camera at a specific location.
(Added by Proposition E, 3/5/2024, Eff. 4/12/2024)
(Former Sec. 19.7 added by Ord. 127-06, File No. 060086, App. 6/22/2006; redesignated as Sec. 19.9 and amended by Proposition E, 3/5/2024, Eff. 4/12/2024)
Prior to January 1, 2027, the Board of Supervisors may by ordinance amend this Chapter 19 by supermajority of at least eight votes. Effective January 1, 2027, the Board of Supervisors may by ordinance amend this Chapter 19 by majority vote.
(Added by Proposition E, 3/5/2024, Eff. 4/12/2024)
If any part or provision of this Chapter 19, 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.
(Added as Sec. 19.7 by Ord. 127-06, File No. 060086, App. 6/22/2006; redesignated and amended by Proposition E, 3/5/2024, Eff. 4/12/2024)