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HomeMy WebLinkAbout10/06/2026 06.C. Ordinance - adding YMC Chapter 1.93 regulating the placement and use of automated video analytics systems r 'V ii _�ii •• i i t, gin.;—* _1a _- '^ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.C. For Meeting of: October 6, 2026 ITEM TITLE: Ordinance adding Yakima Municipal Code Chapter 1.93 regulating the placement and use of automated video analytics systems (AVAS) (No Budgetary Impact) SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney Shawn Boyle, Chief of Police Gary Bellew, Assistant City Manager SUMMARY EXPLANATION: At its July 7, 2026, regular business meeting, City Council requested staff prepare an ordinance codifying the protections contained in RCW 10.130 regulating automated license plate reader systems into the municipal code to apply such protections to Automated Video Analytics Systems. Two options are provided for Council consideration - Option A and Option B. The Ordinances are similar but Option B expands the prohibited locations to include City parks, which is not part of RCW 10.130. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Pass Ordinance Option A or Pass Ordinance Option B ATTACHMENTS: Option A_Ord-Automated_Video_Analytics_System Option B_Ord-Automated Video Analytics_System_Parks 25 OPTION A ORDINANCE NO. 2026- AN ORDINANCE adding Yakima Municipal Code Chapter 1.93 regulating the placement and use of automated video analytics systems ("AVAS"). WHEREAS, Flock Safety and other vendors offer automated video analytic systems for use by law enforcement agencies; WHEREAS, the City Council finds it in the best interest of the City to regulate the placement and use of AVAS on City-owned property near those locations protected by RCW 10.130; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.93 entitled "RESTRICTIONS ON AUTOMATED VIDEO ANALYTICS SYSTEMS" is added as a new Chapter to the Yakima Municipal Code to read as follows: Chapter 1.93 RESTRICTIONS ON AUTOMATED VIDEO ANALYTICS SYSTEMS 1.93.010 Definitions. 1.93.020 Use restrictions. 1.93.030 Location restrictions. 1.93.010 Definitions. As used in this chapter, the term: "Automated license plate reader system" carries the same meaning as defined in RCW 10.130 as currently enacted or hereafter amended or recodified. "Automated video analytics system" means a system, whether used independently or in combination with one or more mobile or fixed automated video cameras, that is aided by artificial intelligence, machine learning, or other advanced software to continuously capture and analyze video or real-time visual depictions in order to detect, track, categorize, and index discrete objects, human behaviors, or environmental attributes, thereby transforming raw visual material into searchable, structured data for the purpose of investigative queries, automated alert generation, or behavioral pattern matching. It does not include law-enforcement owned or leased body-worn cameras, cameras installed in a law enforcement vehicle, or automated license plate reader systems. "City property" means all real property owned by the city of Yakima whether in fee ownership or other interest and includes, but is not limited to, public rights-of-way as defined in YMC 8.20.020 as currently enacted or hereafter amended or recodified. "Immediate surroundings" when referring to a location means within 150 feet of the location. "Record" means to capture, store, or analyze video in which the premises, immediate surroundings, or access to and from facilities identified in RCW 10.130.030(4) are the focal subject or constitute a material portion of the image. "Record" does not include incidental, far-field 1 26 OPTION A imagery that, considering resolution, angle, lighting, and distance, does not reasonably permit identification of a person or vehicle. 1.93.020 Use restrictions. The city of Yakima shall not use an automated video analytics system for any purpose for which the use of an automated license plate reader system is considered unlawful under RCW 10.130.030(3) as currently enacted or hereafter amended or recodified. An automated video analytics system may only be used to investigate a felony or gross misdemeanor, or for the purpose of locating a missing or endangered person. 1.93.030 Location restrictions. Automated video analytics systems located on city property may not record the immediate surroundings or access to and from those facilities at which it is unlawful to collect automated license plate reader data under RCW 10.130.030(4) as currently enacted or hereafter amended or recodified. Section 2. If any Section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board, or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk Publication Date: Effective Date: 2 27 OPTION B ORDINANCE NO. 2026- AN ORDINANCE adding Yakima Municipal Code Chapter 1.93 regulating the placement and use of automated video analytics systems ("AVAS"). WHEREAS, Flock Safety and other vendors offer automated video analytic systems for use by law enforcement agencies; WHEREAS, the City Council finds it in the best interest of the City to regulate the placement and use of AVAS on City-owned property near City parks or those locations protected by RCW 10.130; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.93 entitled "RESTRICTIONS ON AUTOMATED VIDEO ANALYTICS SYSTEMS" is added as a new Chapter to the Yakima Municipal Code to read as follows: Chapter 1.93 RESTRICTIONS ON AUTOMATED VIDEO ANALYTICS SYSTEMS 1.93.010 Definitions. 1.93.020 Use restrictions. 1.93.030 Location restrictions. 1.93.010 Definitions. As used in this chapter, the term: "Automated license plate reader system" carries the same meaning as defined in RCW 10.130 as currently enacted or hereafter amended or recodified. "Automated video analytics system" means a system, whether used independently or in combination with one or more mobile or fixed automated video cameras, that is aided by artificial intelligence, machine learning, or other advanced software to continuously capture and analyze video or real-time visual depictions in order to detect, track, categorize, and index discrete objects, human behaviors, or environmental attributes, thereby transforming raw visual material into searchable, structured data for the purpose of investigative queries, automated alert generation, or behavioral pattern matching. It does not include law-enforcement owned or leased body-worn cameras, cameras installed in a law enforcement vehicle, or automated license plate reader systems. "City parks" carries the same meaning as defined in YMC 13.16.008 as currently enacted or hereafter amended or recodified. "City property" means all real property owned by the city of Yakima whether in fee ownership or other interest and includes, but is not limited to, public rights-of-way as defined in YMC 8.20.020 as currently enacted or hereafter amended or recodified. "Immediate surroundings" when referring to a location means within 150 feet of the location. 1 28 OPTION B "Record" means to capture, store, or analyze video in which the premises, immediate surroundings, or access to and from facilities identified in RCW 10.130.030(4) are the focal subject or constitute a material portion of the image. "Record" does not include incidental, far-field imagery that, considering resolution, angle, lighting, and distance, does not reasonably permit identification of a person or vehicle. 1.93.020 Use restrictions. The city of Yakima shall not use an automated video analytics system for any purpose for which the use of an automated license plate reader system is considered unlawful under RCW 10.130.030(3) as currently enacted or hereafter amended or recodified. An automated video analytics system may only be used to investigate a felony or gross misdemeanor, or for the purpose of locating a missing or endangered person. 1.93.030 Location restrictions. Automated video analytics systems located on city property may not record the immediate surroundings or access to and from those facilities at which it is unlawful to collect automated license plate reader data under RCW 10.130.030(4) as currently enacted or hereafter amended or recodified. Automated video analytic systems may not be located on city property within 150 feet of a city park. Section 2. If any Section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board, or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk Publication Date: Effective Date: 2 29