Within this chapter words with specific defined meanings are as follows:
(a) "Discriminatory" shall mean (1) disparate treatment of any individual(s) because of any real or perceived traits, characteristics, or status as to which discrimination is prohibited under the Constitution or any law of the United States, the constitution or any law of the State of Ohio, or the Village Charter or any law of the Village of Yellow Springs, or (2) disparate impact on any such individual(s) having traits, characteristics, or status as described above in subsection (1).
(b) "Disparate impact" shall mean an adverse effect that is disproportionately experienced by individual(s) having any traits, characteristics, or status as to which discrimination is prohibited under the Constitution or any law of the United States, the constitution or any law of the State of Ohio or the Village Charter or any law of the Village of Yellow Springs than by similarly situated individual(s) not having such traits, characteristics, or status.
(c) "Surveillance data" shall mean any electronic data collected, captured, recorded, retained, processed, intercepted, analyzed, or shared by surveillance technology under Village control.
(d) "Surveillance technology" shall mean any electronic surveillance device, hardware, or software under Village control that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information or communications specifically associated with, or capable of being associated with, any specific individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software.
(1) "Surveillance technology" includes, but is not limited to: (a) international mobile subscriber identity (IMSI) catchers and other cell site simulators; (b) automatic license plate readers; (c) electronic toll readers; (d) closed-circuit television cameras; (e) biometric surveillance technology, including facial, voice, iris, and gait-recognition software and databases; (f) mobile DNA capture technology; (g) gunshot detection and location hardware and services; (h) x-ray vans; (i) video and audio monitoring and/or recording technology, such as surveillance cameras, wide-angle cameras, and wearable body cameras; (j) surveillance enabled or capable light bulbs or light fixtures; (k) tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network; (l) social media monitoring software; (m) through-the-wall radar or similar imaging technology; (n) passive scanners of radio networks; (o) long-range Bluetooth and other wireless-scanning devices; (p) radio-frequency I.D. (RFID) scanners; and (q) software designed to integrate or analyze data from surveillance technology, including surveillance target tracking and predictive policing software. The enumeration of surveillance technology examples in this division shall not be interpreted as an endorsement or approval of their use by any Village entity.
(2) "Surveillance technology" does not include the following devices or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology: (a) routine office hardware, such as televisions, computers, and printers, which will not be used for any surveillance function; (b) Parking Ticket Devices (PTDs); (c) manually-operated non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used secretively and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings; (d) surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; (e) Village agency databases that do not and will not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology; (f) cameras maintained to protect Village-owned buildings, parking facilities, and the public and employees while using them; and (g) manually-operated technological devices that are used primarily for internal Village entity communications and are not designed to secretively collect surveillance data, such as radios and email systems.
(e) "Viewpoint-based" shall mean targeted at any community or group or its members because of their exercise of rights protected under the First Amendment of the United States Constitution.
(f) "Village entity" shall mean any government, agency, department, bureau, division, or unit of the Village of Yellow Springs, Ohio.
(Ord. 2018-47. Passed 11-19-18.)