Chapter 2.88
SURVEILLANCE CAMERAS IN PUBLIC AREAS
Sections:
2.88.020 Investigatory surveillance/traffic cameras.
2.88.030 City council approval required for camera installation and use.
2.88.040 Limitation on technologies.
2.88.050 Limitation on camera locations.
2.88.070 Limitation on use of recordings for identification purposes.
2.88.010 Purpose and scope.
The purpose of this chapter is to regulate the installation and use of surveillance cameras in public areas by the city of Walla Walla. This chapter does not apply to installation or use of surveillance cameras in city facilities or buildings or on city property in areas that are not regularly open to use by the general public. This chapter also does not apply to installation or use of surveillance cameras by other governmental subdivisions, public agencies, or private parties. (Ord. 2020-08 § 1, 2020).
2.88.020 Investigatory surveillance/traffic cameras.
Nothing in this chapter shall impair the authority or ability of the Walla Walla police department or other law enforcement agencies to use surveillance cameras or devices or surveillance recordings during criminal investigations in accordance with federal and state law or the authority or ability of prosecutorial authorities to use surveillance recordings during criminal prosecutions or civil proceedings. Nothing in this chapter shall impair the authority or ability of the Walla Walla police department to use recordings made by surveillance cameras or devices installed or maintained by other governmental subdivisions, public agencies, or private parties. Nothing in this chapter shall impair the authority or ability of the city to install or use automated traffic safety cameras in accordance with RCW 46.63.170 or other federal or state law. (Ord. 2020-08 § 1, 2020).
2.88.030 City council approval required for camera installation and use.
No surveillance camera may be installed or used by the city of Walla Walla in a public area without prior authorization by the Walla Walla city council. Each surveillance camera location must be publicly disclosed and approved by the Walla Walla city council. The technological capability of each surveillance camera must also be publicly disclosed prior to its installation. (Ord. 2020-08 § 1, 2020).
2.88.040 Limitation on technologies.
A. No surveillance camera may be installed or used that records sound unless the requirements of Chapter 9.73 RCW are satisfied.
B. Surveillance cameras may include only the capability of recording what may be reasonably seen by the unaided eye. Magnification technologies shall not be utilized. Infrared, and similar technologies allowing detection of objects that cannot ordinarily be seen by the unaided eye, shall not be utilized.
C. Surveillance cameras must include the ability to maintain and save recordings for at least thirty days and making accurate duplicates capable of longer storage if needed. (Ord. 2020-08 § 1, 2020).
2.88.050 Limitation on camera locations.
A. The location of each surveillance camera must be approved by the city council as provided in Section 2.88.030.
B. Surveillance cameras shall be installed to the extent possible in a manner to record only activities that occur in areas and places that are in view of the general public and to reasonably avoid recording activities that occur on private property or in generally recognized temporary privacy zones (such as restroom stalls); provided, however, that nothing herein shall preclude or impair the authority or ability of the Walla Walla police department, other law enforcement agencies, or any prosecutorial authority to use recordings taken by an improperly installed camera unless the camera was intentionally installed improperly. (Ord. 2020-08 § 1, 2020).
2.88.060 Record keeping.
A. Recordings must be kept for at least thirty days before they are recorded over or destroyed.
B. An accurate duplicate capable of being retained for at least six years must be made of any recording used for investigatory or prosecutorial purposes. Duplicates made for investigatory or prosecutorial purposes should include reasonable lead in and lead out footage of incidents that are investigated or prosecuted.
C. An accurate duplicate capable of being retained for at least six years must be made of any recording for which a public records request has been made prior to it being recorded over or destroyed.
D. Nothing in this section shall impair the authority or ability of the Walla Walla police department or other law enforcement agencies to use any surveillance recording during a criminal investigation or the authority or ability of prosecutorial authorities to use any surveillance recording during a criminal prosecution or civil proceeding. (Ord. 2020-08 § 1, 2020).
2.88.070 Limitation on use of recordings for identification purposes.
Recordings made by surveillance cameras subject to this chapter may be used to identify a person or persons who appear in a recording only if there is reasonable suspicion to believe that such person or persons either (A) committed a criminal offense, (B) violated a provision of the Walla Walla Municipal Code that is classified as a crime or infraction, or (C) possesses information that would help identify such offenders or violators. (Ord. 2020-08 § 1, 2020).