Asked the City Manager to forward the Surveillance Ordinance language to the City Solicitor in order for this language …

(C) “Municipal entity” shall mean any municipal government, agency, department, bureau, division, or unit of this City. (D) “Surveillance data” shall mean any electronic data collected, captured, recorded, retained, processed, intercepted, analyzed, or shared by surveillance technology.

(E) “Surveillance technology” shall mean any electronic surveillance device, hardware, or software 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 and wearable body cameras; (j) surveillance enabled or capable lightbulbs 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 subsection shall not be interpreted as an endorsement or approval of their use by any municipal 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 as defined in Section 1(E): (a) routine office hardware, such as televisions, computers, and printers, that is in widespread public use and will not be used for any surveillance or surveillance-related functions; (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 surreptitiously 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) municipal 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; and (f) manually-operated technological devices that are used primarily for internal municipal entity communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems.

(F) “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. Section 2.

(A) A municipal entity must obtain City Council approval, subsequent to a mandatory, properly- noticed, germane, public City Council hearing at which the public is afforded a fair and adequate opportunity to provide online, written and oral testimony, prior to engaging in any of the following: (1) Seeking funds for new surveillance technology, including but not limited to applying for a grant, or soliciting or accepting state or federal funds or in-kind or other donations; (2) Acquiring or borrowing new surveillance technology, whether or not that acquisition is made through the exchange of monies or other consideration; (3) Using new or existing surveillance technology for a purpose or in a manner not previously approved by the City Council in accordance with this Act; or (4) Soliciting proposals for or entering into an agreement with any other person or entity to acquire, share or otherwise use surveillance technology or surveillance data.

(B) As a part of the process of seeking City Council approval, pursuant to Section 2(A), to fund, acquire, or use surveillance technology or to enter into an agreement concerning such funding, acquisition, or use, a municipal entity shall submit to the City Council a Surveillance Impact Report and Surveillance Use Policy concerning the technology at issue.

(1) Upon submitting a Surveillance Impact Report and Surveillance Use Policy to the City Council pursuant to Section 2(B), the municipal agency shall make both documents available to the public on its public website. (2) Within ten (10) days of receiving a surveillance technology approval request pursuant to Section 2(A), the City Council shall make the related Surveillance Impact Report and Surveillance Use Policy publicly available, in print and on its public website.

(3) Within twenty-one (21) days of submitting a Surveillance Impact Report and Surveillance Use Policy pursuant to Section 2(B), the municipal agency shall hold one or more well-publicized and conveniently located community engagement meetings at which the general public is invited to discuss and ask questions regarding the surveillance technology approval request the municipal entity submitted to the City Council.

(4) The public City Council hearing required pursuant to Section 2(A) may not be held until forty-five (45) days after the Surveillance Impact Report and Surveillance Use Policy are submitted pursuant to Section 2(B).

(5) The City Council, or its appointed designee, shall continue to make the Surveillance Impact Report and Surveillance Use Policy, and updated versions thereof, available to the public online as long as the municipal entity continues to utilize the surveillance technology in accordance with a surveillance technology approval request submitted pursuant to Section 2(A).

(C) No use of surveillance technology by a municipal entity pursuant to Section 2(A) shall be permitted without the City Council’s express approval of the related Surveillance Impact Report and Surveillance Use Policy submitted by the municipal entity pursuant to Section 2(B). (D) Prior to approving or rejecting a Surveillance Impact Report or Surveillance Use Policy, the City Council may request revisions be made by the submitting municipal entity.