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Last modified
8/20/2021 4:03:14 PM
Creation date
8/20/2021 4:03:11 PM
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Ordinances
Number
595
Date (Introduced)
6/17/2021
Date (Adopted)
8/19/2021
Description
Amending Title 4 (Public Safety) to the Los Altos Hills Municipal Code to Add Chapter 9 "Automatic License Plate Readers" to Establish Related Regulations
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information collected pursuant to ALPRs. The ALPR Policy shall be made available to the public <br />in writing and posted on the Town's website. <br />Article 4. Penalties For Violation <br />a) Any person violating the Council -adopted ALPR Policy, as may be amended from time to <br />time, is guilty of a misdemeanor pursuant to Municipal Code Section 1-2.06 and shall be <br />subject to a fine of one thousand dollars ($1,000.00). Violations of the ALPR Policy shall <br />include, but are not limited to, unauthorized access, possession or release of data and <br />information gathered or stored by ALPRs. <br />b) In addition, violations of this chapter shall be subject to any administrative, civil, or <br />criminal enforcement remedies available under the law and/or the Municipal Code <br />including cost -recovery provisions under Section 1-2.04. The Town may enforce the <br />violation of this chapter by means of civil enforcement through a restraining order, a <br />preliminary or permanent injunction or by any other means authorized by law. Where it is <br />necessary for the Town to file a civil action in court to obtain compliance with this chapter, <br />the court may, in its discretion, assess a civil penalty based on factors outlined in Municipal <br />Code section 1-2.05(a) against the violating parties in the event the Town is the prevailing <br />party. <br />c) Each violation shall be deemed a distinct and separate offense. <br />d) In accordance with Civil Code section 1798.90.54, an individual who has been harmed by <br />a violation of this ordinance, including, but not limited to, unauthorized access or use of <br />ALPR information or a breach of security of an ALPR system, may bring a civil action in <br />any court of competent jurisdiction against a person who knowingly caused the harm. The <br />court may award a combination of any one or more of the following: <br />(1) Actual damages, but not less than liquidated damages in the amount of two <br />thousand five hundred dollars ($2,500). <br />(2) Punitive damages upon proof of willful or reckless disregard of the law. <br />(3) Reasonable attorney's fees and other litigation costs reasonably incurred. <br />(4) Other preliminary and equitable relief as the court determines to be appropriate. <br />SECTION III. SEVERABILITY. <br />If any provision of this ordinance or the application thereof to any person or circumstance is held <br />invalid or unconstitutional the remainder of this ordinance, including the application of such part <br />or provision to other persons or circumstances shall not be affected thereby and shall continue in <br />frill force and effect. To this end, provisions of this ordinance are severable. The City Council of <br />the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, <br />subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or <br />more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held <br />unconstitutional, invalid, or unenforceable. <br />SECTION IV. EFFECTIVE DATE AND PUBLICATION. <br />This ordinance shall become effective thirty (30) days from the date of its final passage. Within <br />fifteen days after the passage of this ordinance, the City Clerk shall cause this ordinance or a <br />Ordinance 595 Page 3 <br />
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