Series 110 2009 ORDINANCES/RESOLUTIONS
Section 110-619; Defeated B351-09; Amending Chapter 24 of the City Code by adding a new Article VIII pertaining to downtown safety cameras
Bill No. B 351-09
amending Chapter 24 of the City Code by adding a new Article VIII pertaining to downtown
safety cameras; and fixing the time when this ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
SECTION 1. Chapter 24 of the Code
of Ordinances of the City of Columbia, Missouri, is
hereby amended by adding the following sections, to read as follows:
ARTICLE VIII. DOWNTOWN SAFETY CAMERAS
Sec. 24-130. Definitions.
Downtown safety cameras means any digital recording surveillance system installed
open and obvious manner by the city of Columbia to film public streets, sidewalks or alleys
within the boundaries of the central business district. It does not include surveillance cameras
installed in municipal parking garages and it does not include surveillance cameras installed at
street intersections for the purpose of monitoring vehicular traffic and it does not include
surveillance cameras designed to record any regular operations of city departments.
Exigent circumstances means unanticipated situations that threaten the immediate
individuals or property within the central business district.
Public notice shall at a minimum include posting notice on a bulletin board or other
prominent place which is easily accessible to the public at the office building housing the city
council chambers, together with notice published on the internet website for the city of
Sec. 24-131. Authorization to deploy cameras.
(a) The chief of police for the city
of Columbia is authorized to deploy or move downtown
safety cameras for the purpose of enhancing public security.
(b) Before deploying or moving an
existing downtown safety camera, the chief of police
shall provide public notice of such deployment or proposed movement. The notice shall identify
the public security concerns that have been considered in the decision to deploy or move the
downtown safety camera as well as the general capabilities and viewing area of the downtown
safety camera. The public shall have thirty (30) days to submit comments to the chief of police
regarding a proposed deployment or movement, and the chief of police shall provide public
notice of the chief s decision regarding deployment or movement in light of public comment.
(c) In exigent circumstances, the
chief of police is authorized to deploy or move downtown
safety cameras without the public notice or comment periods referred to in subsection (b), but
only for so long as such exigent circumstances justify deployment or movement.
(d) Video recordings shall be indexed,
stored and maintained for sixty (60) calendar days
after which time they will be recorded over or destroyed. Recordings may be retained beyond
sixty (60) calendar days upon written order from the chief of police and only because the
recordings contain evidence of criminal activity, because the recordings capture an occurrence
that may subject the Columbia police department to civil liability, or because the recordings will
be used for training purposes. Recordings that contain evidence of criminal activity or
recordings that capture an occurrence that may subject the Columbia police department to civil
liability shall be maintained only for so long as the recordings have evidentiary value.
Recordings that will be used for training purposes may be maintained only for so long as they
are actively used for training purposes.
(e) The city manager is authorized
to enter into agreements with private contractors who
supply and operate and maintain downtown safety cameras and related tapes and equipment and
who agree to operate the downtown safety cameras pursuant to the provisions of this chapter.
Sec. 24-132. Limitations on deployment and use of downtown safety cameras.
(a) Downtown safety cameras may only
be deployed so as to be conspicuous and only within
the boundaries of the central business district, and may be in fixed or mobile locations.
(b) Downtown safety cameras shall
only record areas perceptible to the human eye from
public streets and sidewalks and alleys within the central business district where there is no
reasonable expectation of privacy.
(c) Downtown safety cameras shall
only capture video images and shall not capture audio
recordings of any type without court authorization.
(d) Downtown safety cameras shall
not target/observe individuals solely because of their
race, gender, ethnicity, sexual orientation, disability or other classifications protected by law.
(e) Downtown safety cameras shall
not be used to infringe upon First Amendment rights.
(f) Access to the recording equipment
for downtown safety cameras or the images captured
by downtown safety cameras shall be limited to any private contractor under agreement with the
city of Columbia to operate or maintain downtown safety cameras, or to criminal justice agencies
and their personnel, but only for official purposes. Other access shall be limited to individuals
agencies given a court order granting access.
Sec. 24-133. Savings clause.
If any section, clause, sentence or part of this article
be declared unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall affect only such section, clause,
sentence or part of this article and shall not affect or impair any of the remaining sections,
clauses, sentences or parts of this article.
SECTION 2. This ordinance shall be
in full force and effect from and after its passage.
DEFEATED this 7th day of December, 2009.