Loading...
3411 To adopt a Surveillance Camera Policy for : Town-owned or operated buildings and lands for public safety, : crime prevention and stewardship of publicly owned assets. :TRE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3411 A BY-LAW to adopt a Surveillance Camera Policy for T'ewn-owned or operated buildings and lands for public safety, crime prevention and stewardship of publicly owned assets. WHEREAS it is necessary to establish a Surveillance Camera Policy for Town -owned or operated buildings and lands to ensure public safety, crime prevention and stewardship of publicly owned assets. WHEREAS the Municipal Act, 2001, c.25 section l 1 (2) allows lower -tier municipalities to pass a by-law for the health, safety and well-being of persons. THEREFORE the (.'ouncil of the Town of Tillsonburg enacts as follows: 1. THATSchedule "A" to this By -Law is adopted as the Surveillance Camera Policy for certain Municipal owned or operated buildings and lands. 2. Should the previsions of any other By -Law of the Town of Tillsonburg or other document purporting to establish a Surveillance Camera Policy as set out in Schedule "A" be in conflict with the provisions of this By -Law, the provisions of this By -Law shall prevail. 4. That Schedule "A to this by-law forms part of this by-law as if written herein. 5. This By-L,aw shall come into full force and effect on , day of March, 2010. READ A FIRST AND SECOND TIME THIS 8T" DAY OF March, 2010. READ A THIK0 ND FINAL TUiIE AND PASSED THIS DAY OF March, 2010. „�wwr.PMw.n.M4rWt>'wir. AYOK Stephen Molnar (`1+'Rk MEclhacl f3' aves SCHEDULE "A' SURVEILLANCE CAMERA POLICY The Corporation of the Town of Tillsonburg is committed to public safety,, crime prevention, and stewardship of publicly owned assets. 1. The Town may use video surveillance systems in Town -owned or operated buildings and lands to deter and detect crime and anit-social behavior such as theft, vandalism, and unauthorized entry. Z. The Town shall maintain control of and responsibility for its own video surveillance system at all times. AUTHORITY 3.0 The Town of Tillsonburg shall collect, use and disclose personal information in carrying out its video surveillance program in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) DEFINITIONS 4. "Personal Information" means recorded information about an identifiable individual which includes, but is not limited to, information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual, the personal opinions or views of the individual except if they relate to another individual. If an image displays these characteristics of an identifiable individual or the activities in which he or she is engaged, its contents will be considered "personal information". 5.0 "Record" means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes, correspondence, a memorandum, a book, a plan, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof, and, any record that is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution. 6. "Video Surveillance System" refers to a video, physical or other mechanical, electronic, or digital surveillance system or device that enable continuous or periodic video recording, observing or monitoring of personal information about individuals in municipal facilities. 7 "Storage Device" refers to a videotape, computer disk or drive, CD ROM, computer chip or other device used to store the recorded data or visual, audio or other images captured by a video surveillance system. ROLES AND RESPONSIBILITIES 8. The Clerk is responsible on behalf of the Town, for its duties under MFIPPA. 9. Each Director of a functional area where surveillance cameras are installed is responsible for ensuring that information obtained is used exclusively for lawful purposes. 10. The Director responsible for the operation of a functional area shall ensure that the site complies with this policy, as well as any site-specific policies that may be required. In particular, the appropriate Director shall ensure that any staff with authorized access to any video surveillance equipment and recorded information shall be trained in its use in accordance with this policy. Regular training and orientation programs for sites subject to this policy shall include a component for all staff to ensure awareness and compliance. Breaches of the policy may result in disciplinary action in accordance with the Town's Employee Discipline Policy VIDEO SURVEILLANCE 11. Video Surveillance Cameras: 11.1. The Town shall install video surveillance cameras in identified public areas only where video surveillance is a necessary and viable detection or deterrence activity. 11.2. The Town may install visible and/or hidden surveillance cameras, but the Town shall not install equipment inside areas where the public and employees have a higher expectation of privacy (e.g. change rooms and washrooms). 1 -,L. 3. The Town shall ensure that appropriate signs notifying the public of the presence of video surveillance cameras are installed in accordance with this policy. 12. Access to Video Images: 12.1. The Town shall ensure that video images are accessed only by authorized Town staff, authorized Service Provider's staff, and law enforcement agencies, and where physically possible are not located in a position that enables public viewing. 12.2. Images shall only be retrieved in response to an incident, and only if there is reasonable cause to believe that a crime or accident has been occurred. 12 3. Where recorded information has been used for law enforcement or public safety purposes, the retention period shall be one year after it has been last used, and/or all appeals relating to a particular incident have been exhausted. 1).4. Following investigation and any corresponding legal action, the law enforcement agency shall return the video images to the original site for retention and secure disposal. 12 , 5 The Town shall ensure that if the police request access to and use of the recorded surveillance information that staff will allow the video images to be viewed, accessed or removed, in accordance with applicable law. 13. Access Log: 13.1. Each site with a video surveillance system shall maintain an Access Log book. The Access Log shall be maintained with the images currently being stored, with access restricted to authorized personnel only. 1?.2. The Access Log shall be used to record: the date, time, purpose, and name of authorized staff person reviewing images, and adjustments made to camera angles. 13.3. When an image is viewed or removed for law enforcement purposes, the log entry shall include; the date, time, name and contact information of the law enforcement officer. 14. Reception Equipment: 14.1. The Town shall ensure that video reception equipment is located away from the public, in restricted access areas, in locked rooms with keyed access where possible. 15. Location Record: 15, 1. The Town shall ensure that maps and floor plans are prepared to identify the location of all video surveillance equipment at each of the respective sites. The C.A.O. shall have copies of all such maps and plans, and each Facility shall have a copy for their site. 16. Hours of Operation: 1f5. 1 the majority of the video surveillance systems shall operate 24 hours per. day. 17. Retention Period: 1 1'.1. Images will be retained for a period of 90 days. 18. Signage: 18.1. The Town shall ensure that the public is notified about the presence of video surveillance equipment by prominently posting signs at the perimeter of surveillance areas. 18.2. Signs shall be of consistent size and format and convey the fallowing information: Indicate video surveillance in use. Identify legal authority for collection of personal information (MFIPPA).Provide title, business address and telephone number of contact person who can answer questions about the system. 18.3. Sign Specifications and Wording: Sign dimensions shall be a minimum of 12" x 12" and will contain the Town logo in accordance with the approved logo standards. "You have entered an area monitored by video surveillance. (Bold, large font) The personal information collected by the video surveillance system is collected under the legal authority of the Ontario Municipal Freedom of Information and Protection of Privacy Act. This information will be used for the purpose of promoting public safety, crime prevention, and stewardship of publicly owned assets. Any questions about this collection can be directed to the Director of Community Services. For the Tillsonburg Community Centre, 45 Hardy Ave., Tillsonburg,ON N4G 3W9151 9-688-9011 If 19. Other Promotion 22).1. The Town shall ensure that information regarding this policy is readily available at all sites with video surveillance systems and on the Town's website.