(A) The Town Marshal’s office may charge $150 for the cost of copying officer body worn camcorder videos. The Town Marshal shall provide a fee schedule for the public.
(B) Said fee is to defray the expenses of storing, producing, and copying law enforcement recordings. Money from a fee described in this section does not revert to the town’s general fund at the end of the fiscal year. A fee collected under this section may be retained by the Marshal’s Department and used without appropriation for one or more of the following purposes:
(1) To purchase cameras and other equipment/software for use in connection with the Department’s law enforcement recording program; and
(2) For training concerning law enforcement recording.
(C) (1) Persons permitted to request a view of said officer camcorder video without a fee involve the following:
(a) A person depicted in a recording, or if the person is deceased or incapacitated, the person’s relative or representative;
(b) An owner or occupant of the real property depicted in a recording;
(c) A crime victim, if the depicted events are relevant to the crime; or
(d) A person who suffers a loss due to personal injury or property damage, if the depicted events are relevant to the person’s loss.
(2) In addition, any person who properly requests and pays the scheduled fee, may inspect and/or copy a camcorder video unless the Town Marshal or a public agency can demonstrate that release of the recording would:
(a) Pose a significant risk of harm to a person or the public;
(b) Interfere with a person’s ability to get a fair trial;
(c) Affect an ongoing investigation; or
(d) Not serve the public interest.
(e) Provided that a recording that captures information relating to airport security may not be released for public inspection without the approval of the airport operator.
(3) After a denial by the Town Marshal, an aggrieved person may file an appeal within ten days to the Town Council to have the matter evaluated further. In addition, other remedies may be provided by law.
(4) A person who receives information on disk or tape under this section may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes. Use of information received under this section in connection with the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses information in a manner contrary to this section may be prohibited by the state agency or political subdivision from obtaining a copy or any further data under this section.
(Ord. 18-04, passed 4-10-18)