HomeMy WebLinkAboutProposed Rexburg ALPR Ordinance
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, ESTABLISHING "THE REXBURG
COMMUNITY PRIVACY AND DATA SOVEREIGNTY ACT."
THIS MEASURE AMENDS THE REXBURG CITY CODE TO PROTECT CITIZEN PRIVACY
AND REGULATE MUNICIPAL SURVEILLANCE INFRASTRUCTURE THROUGH THE
FOLLOWING PROVISIONS:
● SECTION NO. 1: ENACTMENT
○ A: PURPOSE AND INTENT
○ B: DEFINITIONS
○ C: PROHIBITIONS ON AUTOMATED SURVEILLANCE
○ D: CATEGORICAL APPROVAL, OVERSIGHT, AND CAMERA POSITIONING
○ E: DATA SOVEREIGNTY AND ACCESS CONTROLS
○ F: ACCOUNTABILITY AND PUBLIC RECORDS
○ G: SCOPE AND EXEMPTIONS
○ H: ENFORCEMENT
○ I: RULE OF CONSTRUCTION
○ J: SEVERABILITY
● SECTION NO. 2: DIRECTING THE CITY CLERK
● SECTION NO. 3: CODIFICATION
WHEREAS, the citizens of Rexburg find that automated surveillance and remote tracking of
residents pose a fundamental threat to civil liberties and the character of our community; and
WHEREAS, it is the intent of this Act to eliminate the possibility of remote government spying
within city limits; and
WHEREAS, the people of Rexburg demand that the government remain transparent and
accountable to its citizens regarding the use of surveillance technology;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Rexburg,
Madison County, Idaho:
SECTION NO. 1. ENACTMENT
That a new Chapter of the Rexburg City Code is hereby enacted to be placed within the Title
deemed most appropriate by the City Clerk and City Attorney, to read as follows:
§ THE REXBURG COMMUNITY PRIVACY AND DATA SOVEREIGNTY ACT
A. PURPOSE AND INTENT
The purpose of this Ordinance is to:
Abolish automated tracking systems, including Automated License Plate Readers (ALPR).
Ensure surveillance data remains under strict local ownership and control.
Ensure the City of Rexburg maintains full ownership and possession of its surveillance data and
equipment.
Eliminate the possibility of remote government spying within city limits.
B. DEFINITIONS
As used in this Section, the following terms shall have the meanings set forth below:
Local Control Standard: A security framework ensuring City data is stored on City-owned
hardware within city limits, protected by encryption, role-based access, and audit logs, without
unauthorized third-party cloud access.
Real-Time Biometric Scanning: The automated, instantaneous identification or tracking of
individuals in public spaces by processing live surveillance footage through algorithmic
software, including but not limited to facial recognition, gait analysis, or automated
crowd-surveillance technology.
Automated License Plate Reader (ALPR): Any system using cameras and algorithms to
convert license plate images into computer-readable data for identifying or tracking vehicles.
Active Biometric Investigation: The after-the-fact analysis of historical, legally obtained digital
images or video footage to identify a specific individual suspect post-incident, as distinguished
from real-time biometric scanning of public spaces.
Covered Surveillance Technology: City-operated or contracted CCTV, IP-based camera
systems, cameras, and optical sensors used for monitoring City property or municipal utilities.
Official Business: Tasks documented as necessary for the security of city property, municipal
utility maintenance, traffic studies, the investigation of a specific crime with an active case
number, maintenance of the system and fulfillment of public records requests.
Network-Based Predictive Policing: Any software or algorithmic tool that uses networked
data, historical crime patterns, or surveillance-generated metadata to predict criminal activity or
to automate the dispatching of law enforcement based on such predictions.
Role-Based Access Control: A security method that restricts system access to authorized
users based on their specific job responsibilities and "Official Business" duties.
Digital Audit Log: An unalterable, automated electronic record that captures every instance of
data access, including the identity of the user, the date and time of access, and the specific
business justification or case number.
Encrypted Connection: A secure method of transmitting data where the information is
scrambled so it can only be read by the sender and the authorized receiver.
Traffic Flow Sensor: An optical device or camera utilized by the City exclusively for the
purpose of automated traffic signal timing, real-time congestion monitoring, or anonymous traffic
studies, which does not record or retain video footage, read license plates, or utilize biometric
scanning.
C. PROHIBITIONS ON AUTOMATED SURVEILLANCE
1. City ALPR Prohibition: The City of Rexburg and its departments are prohibited from
operating ALPR technology or using City resources to facilitate ALPR systems operated
by other entities.
2. Predictive Policing: The installation of network-based predictive policing systems, such
as "Flock Safety" or similar tracking databases, is prohibited within City jurisdiction.
3. Prohibition on Information Pooling and Data Laundering: The City of Rexburg and
its departments are prohibited from knowingly requesting, receiving, or utilizing
surveillance data, tracking information, or biometric profiles obtained from third-party
private entities or outside government agencies that were collected using technology
prohibited by this Act.
4. Facial Recognition and Biometric Tracking Restriction: The City of Rexburg and its
departments are prohibited from operating or deploying real-time facial recognition or
biometric scanning systems in public spaces. This restriction shall not prohibit active
Biometric Investigation by law enforcement during the active investigation of a specific
crime with an active case number, provided that the digital images or video footage
being analyzed were legally obtained by the City through voluntary consent, a valid
warrant, or other lawful means.
D. CATEGORICAL APPROVAL, OVERSIGHT, AND CAMERA POSITIONING
1. Installation Approval: The City Council shall review and approve all individual camera
installations for covered surveillance technology. However, the Council may, at its
discretion, elect to provide a categorical policy approval for groups of cameras that serve
identical, non-investigative municipal functions (such as utility monitoring, traffic flow
sensors, and infrastructure security).
2. Camera Positioning and Scope: All covered surveillance technology installations must
be physically positioned, framed, and targeted to monitor only City property, municipal
utilities, or critical city infrastructure. Covered surveillance technology must be placed
and positioned exclusively for an official business purpose.
3. Compliance Review: The City of Rexburg shall have ninety (90) days from the effective
date of this ordinance to review all existing surveillance systems and bring them into full
compliance with the approval and infrastructure requirements herein.
4. Public Hearing: Before approving or expanding a new category of surveillance
technology, the Council must hold a public hearing in accordance with Idaho Open
Meeting Law.
E. DATA SOVEREIGNTY AND ACCESS CONTROLS
1. Compliance with Local Control Standard: All covered surveillance technology and
storage hardware must comply with the Local Control Standard as defined in Section B.
2. Physical Location: All data generated by City-operated surveillance must be stored on
physical servers located within the City of Rexburg.
3. City Ownership of Infrastructure: All covered surveillance technology and storage
hardware must be owned outright by the City of Rexburg.
4. No Commercial Cloud Storage: Covered surveillance data shall not be stored on
third-party commercial cloud servers or multi-tenant databases.
5. Access: Access to surveillance data is restricted to authorized City personnel for Official
Business via encrypted connections, role-based access control, and protected digital
audit logs.
6. Remote Access Ban: Real-time remote monitoring by unauthorized external monitoring
centers or via the public internet is prohibited, except as provided in Section G.
F. ACCOUNTABILITY AND PUBLIC RECORDS
1. Access Logs: The City shall maintain logs of every instance surveillance data is
accessed, including the name of the individual and the official business purpose.
2. Public Records Compliance: All data and logs are subject to the Idaho Public Records
Act (Idaho Code Title 74, Chapter 1). Redactions for privacy shall be applied according
to state law.
G. SCOPE AND EXEMPTIONS
1. Law Enforcement: This Act does not restrict the standard operation of Law
Enforcement Body-Worn or Dashboard Cameras for recording daily interactions.
However, such devices shall not be equipped with, activate, or utilize ALPR or Real-Time
Biometric Scanning software.
2. Legal Process Savings Clause: The City may comply with all forms of valid legal
process, including subpoenas, court orders, discovery obligations, and preservation
letters.
3. Emergency Use: Prohibitions on remote access may be temporarily suspended during
an immediate threat of death or serious physical injury, provided a public report is filed
within 48 hours. Emergency use can be authorized by the Mayor or Chief of Police.
4. Traffic Management: Traffic Flow Sensors, as defined in Section B, are exempt from
the data storage and oversight requirements of this Act, provided they strictly adhere to
their defined non-recording and non-identifying limitations. The moment any such device
records footage or reads license plates, it shall be classified as Covered Surveillance
Technology and subject to all prohibitions herein.
H. ENFORCEMENT
1. Criminal Penalty: A willful violation of this ordinance shall be a misdemeanor. This does
not apply to violations that are unintentional, inadvertent, or undertaken in reasonable
reliance on legal advice.
2. Administrative Action: Misuse of surveillance data by employees or contractors shall
be addressed through City personnel policies or contract remedies. The City Council
shall receive a quarterly compliance report summarizing any reported violations, the
departments involved, and corrective actions taken.
I. RULE OF CONSTRUCTION
The provisions of this Act shall be liberally construed to give maximum effect to its purposes,
with any ambiguity or conflict interpreted in favor of protecting individual privacy, preventing
automated surveillance, and prohibiting the remote tracking of the people of Rexburg.
J. SEVERABILITY
If any portion of this ordinance is found to be invalid by a court of law, the remaining portions
shall remain in full force and effect. Insubstantial clerical, typographical, or scrivener’s errors
shall not invalidate this ordinance, and the City Clerk is authorized to correct such errors to
conform to the clear intent of the enacting authority.
SECTION NO. 2. DIRECTING THE CITY CLERK.
The city clerk is directed to file this ordinance in the official records of the City and to
provide this ordinance to the City’s codifier for inclusion in and publication with the Rexburg City
Code. The city clerk is directed to publish this ordinance or a summary thereof.
SECTION NO. 3. CODIFICATION.
The city clerk and the city attorney shall cause the Code of the City of Rexburg, Idaho, to be
amended as provided by this ordinance, placing these provisions in the title, chapter, or section
deemed most appropriate for public accessibility. They may number, renumber, re-letter, and
rearrange the codified parts of this ordinance if necessary to facilitate the finding of the law.