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LOCAL GOVERNMENT

Proposed Sandoval County ordinance could criminalize license plate readers without permits

Ordinance will not affect municipalities

Published

SANDOVAL COUNTY 鈥 The placement and use of automated license plate readers in Sandoval County could result in criminal charges if they aren't placed with a permit if an ordinance passes.

Sandoval County commissioners voted on Sept. 9 to post notice that they will consider and vote on a proposed ordinance that would criminalize license plate readers without permits on county land. 

Commissioner Jon Herr, who sponsored the ordinance, said he thinks it will bring a level of public input to an ongoing issue.

"Anyone who's been watching the news in the last six months, they know that these systems are incredibly controversial. I personally think that there's places where they potentially violate Fourth Amendment. They do a lot of mass surveillance on people that have committed no crimes," he said.

He said that he is not looking for an outright ban of the readers and that the approval Wednesday does not mean the ordinance has passed.

Commissioner Josh Jones asked how the ordinance would impact municipalities if it passes.

County Attorney Michael Eshleman confirmed that it won't have any impact because the county doesn't have the authority to legislate within municipal boundaries.

A draft of the ordinance reads that it aims to regulate license plate reader systems as part of county code.

"No person shall install, maintain or operate any Automated License Plate Reader System in, on, over, or under any public right-of-way or on any property owned or controlled by Sandoval County except as may be expressly authorized by a written permit issued by the county," the ordinance reads. 

In the Sandoval County Code of Ordinances, public right-of-way is defined as land deeded, reserved, or dedicated by plat, or otherwise acquired by any unit of government for the purposes of moving vehicular and non-vehicular traffic and/or for conveyance of public utility services or drainage.

The ordinance adds that each day an unpermitted license plate reader is maintained and operated within the county will be considered a separate offense. Additionally, any access, download, copy or transmission of data on the reader, including photos, records and other information, is considered as a separate offense.

Violators would be charged with "illegal operation of an automated license plate reader," according to the ordinance, which would be categorized as a petty misdemeanor to be enforced by the Sandoval County Sheriff's Office, Planning and Zoning enforcement officers and the county attorney.

The permits for the cameras will be determined by the planning and zoning director, it states, but there would be administrative regulations adopted to "prioritize resident privacy and limit data retention and sharing." It explains that permits for the readers will be submitted with the same requirements as a conditional use permit, which means the permits will be subject to public hearings and potential appeals.

The Rio Rancho Observer is a sister newspaper of the Journal.