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Home My WebLink AboutOrdinance 7042 Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7042 File Number: 2026-3024 AN ORDINANCE TO PROHIBIT THE USE OF CITY FUNDS AND CITY PROPERTY FOR AUTOMATIC LICENSE PLATE READER SYSTEMS WHEREAS, Ark. Code Ann. § 14-43-502 provides that the Fayetteville City Council shall have the management and control of city finances and city property; and WHEREAS, the collection, retention, and sharing of vehicle location data through automatic license plate reader systems raises concerns regarding privacy, data security, accuracy, transparency, and potential misuse; and WHEREAS, the Fayetteville City Council has determined that city funds and city property should not be used for automatic license plate reader systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 70.13 Use of City Funds and Property for Automatic License Plate Readers Prohibited as follows: “70.13 Use of City Funds and Property for Automatic License Plate Readers Prohibited (A) Definitions. “Automatic license plate reader system” means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data. “City funds” means money deposited in the treasury of the City of Fayetteville or otherwise subject to appropriation by the Fayetteville City Council, regardless of its source. “City property” means real or personal property owned, leased, or controlled by the City of Fayetteville, including city streets, alleys, public rights-of-way, public squares, vehicles, equipment, poles, and structures. (B) Construction and Scope. (1) This ordinance establishes city fiscal and property-use policies. It shall not be construed to direct the day-to-day administration of a city department or any particular investigation or law enforcement decision. (2) This ordinance does not govern the receipt or use of information lawfully obtained from another governmental Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 Ordinance: 7042 File Number: 2026-3024 Page 2 or law enforcement agency without payment of a fee or other charge for the information or access. For purposes of this subsection, salaries, wages, benefits, overtime, or other compensation paid to city officials or employees in the normal course of their duties shall not constitute payment of a fee or other charge for the information or access. (3) This ordinance does not apply to body-worn cameras, dashboard cameras, security cameras, or traffic- monitoring cameras unless they are operated or used as part of an automatic license plate reader system. (4) This ordinance does not select a vendor, award a contract, or direct the administration of any particular purchase or contract. (C) Prohibited Use of City Funds and City Property. (1) No city funds shall be appropriated or expended to acquire, lease, install, operate, maintain, repair, replace, or license an automatic license plate reader system, or to purchase a related subscription, data storage service, data captured by or derived from such a system, or access to that data. (2) No automatic license plate reader system shall be installed or operated on city property. (D) Exemptions. This ordinance does not apply to the automatic license plate reader system currently in use by the Parking Management Department, provided that: (1) Captured plate data is not used, shared, or made available or accessible for any purpose other than the assessment and collection of a parking citation, unless the requesting person or entity has a valid, court issued probable cause warrant for the specifically identified data; and (2) Captured plate data shall be deleted after 48 hours unless needed to support the assessment and collection of a parking citation." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that nothing in this ordinance shall impair a contractual obligation in effect before this ordinance becomes effective. City funds may be expended, and city property may be used, only to the extent necessary to satisfy that obligation. No city funds shall be used to renew, extend, expand, or exercise an option under the contract. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any provision of this ordinance, or its application to any person or circumstance, is held invalid or unenforceable, the remaining provisions and applications shall remain in effect. PASSED and APPROVED on October 6, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $332.88 Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-3024 MEETING OF OCTOBER 6, 2026 TO: Mayor Rawn and City Council THROUGH: FROM: Council Member Bob Stafford SUBJECT: Prohibit the Use of City Funds or Property for Automatic License Plate Reader (ALPR) systems RECOMMENDATION: Council Member Stafford is sponsoring an ordinance that would prohibit the use of city funds and city property for automatic license plate reader (ALPR) systems. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: 3. Agenda Request - Bob Stafford - ALPR, 4. Council Member Stafford ALPR Ordinance Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-3024 AN ORDINANCE TO PROHIBIT THE USE OF CITY FUNDS AND CITY PROPERTY FOR AUTOMATIC LICENSE PLATE READER SYSTEMS WHEREAS, Ark. Code Ann. § 14-43-502 provides that the Fayetteville City Council shall have the management and control of city finances and city property; and WHEREAS, the collection, retention, and sharing of vehicle location data through automatic license plate reader systems raises concerns regarding privacy, data security, accuracy, transparency, and potential misuse; and WHEREAS, the Fayetteville City Council has determined that city funds and city property should not be used for automatic license plate reader systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 70.13 Use of City Funds and Property for Automatic License Plate Readers Prohibited as follows: “70.13 Use of City Funds and Property for Automatic License Plate Readers Prohibited (A) Definitions. “Automatic license plate reader system” means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data. “City funds” means money deposited in the treasury of the City of Fayetteville or otherwise subject to appropriation by the Fayetteville City Council, regardless of its source. “City property” means real or personal property owned, leased, or controlled by the City of Fayetteville, including city streets, alleys, public rights-of-way, public squares, vehicles, equipment, poles, and structures. (B) Construction and Scope. (1) This ordinance establishes city fiscal and property-use policies. It shall not be construed to direct the day-to-day administration of a city department or any particular investigation or law enforcement decision. Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 Ordinance: 7042 File Number: 2026-3024 Page 2 (2) This ordinance does not govern the receipt or use of information lawfully obtained from another governmental or law enforcement agency without payment of a fee or other charge for the information or access. For purposes of this subsection, salaries, wages, benefits, overtime, or other compensation paid to city officials or employees in the normal course of their duties shall not constitute payment of a fee or other charge for the information or access. (3) This ordinance does not apply to body-worn cameras, dashboard cameras, security cameras, or traffic-monitoring cameras unless they are operated or used as part of an automatic license plate reader system. (4) This ordinance does not select a vendor, award a contract, or direct the administration of any particular purchase or contract. (C) Prohibited Use of City Funds and City Property. (1) No city funds shall be appropriated or expended to acquire, lease, install, operate, maintain, repair, replace, or license an automatic license plate reader system, or to purchase a related subscription, data storage service, data captured by or derived from such a system, or access to that data. (2) No automatic license plate reader system shall be installed or operated on city property. (D) Exemptions. This ordinance does not apply to the automatic license plate reader system currently in use by the Parking Management Department, provided that: (1) Captured plate data is not used, shared, or made available or accessible for any purpose other than the assessment and collection of a parking citation, unless the requesting person or entity has a valid, court issued probable cause warrant for the specifically identified data; and (2) Captured plate data shall be deleted after 48 hours unless needed to support the assessment and collection of a parking citation." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that nothing in this ordinance shall impair a contractual obligation in effect before this ordinance becomes effective. City funds may be expended, and city property may be used, only to the extent necessary to satisfy that obligation. No city funds shall be used to renew, extend, expand, or exercise an option under the contract. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any provision of this ordinance, or its application to any person or circumstance, is held invalid or unenforceable, the remaining provisions and applications shall remain in effect. Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 CivicClerk No.: 2026-3024 AGENDA REQUEST FORM FOR: Council Meeting of October 6, 2026 FROM: Council Member Bob Stafford ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO PROHIBIT THE USE OF CITY FUNDS AND CITY PROPERTY FOR AUTOMATIC LICENSE PLATE READER SYSTEMS APPROVED FOR AGENDA: ___________________________________ _______________ Council Member Bob Stafford Date ___________________________________ _______________ Blake Pennington, Sr. Assistant City Attorney Date Approved as to form ___________________________________ _______________ Mayor Molly Rawn Date Acknowledgement Approved by email 9/3/2026 9/3/26 9/3/2026Acknowledged by email Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 AN ORDINANCE TO PROHIBIT THE USE OF CITY FUNDS AND CITY PROPERTY FOR AUTOMATIC LICENSE PLATE READER SYSTEMS WHEREAS, Ark. Code Ann. § 14-43-502 provides that the Fayetteville City Council shall have the management and control of city finances and city property; and WHEREAS, the collection, retention, and sharing of vehicle location data through automatic license plate reader systems raises concerns regarding privacy, data security, accuracy, transparency, and potential misuse; and WHEREAS, the Fayetteville City Council has determined that city funds and city property should not be used for automatic license plate reader systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 70.13 Use of City Funds and Property for Automatic License Plate Readers Prohibited as follows: “70.13 Use of City Funds and Property for Automatic License Plate Readers Prohibited (A) Definitions. “Automatic license plate reader system” means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data. “City funds” means money deposited in the treasury of the City of Fayetteville or otherwise subject to appropriation by the Fayetteville City Council, regardless of its source. “City property” means real or personal property owned, leased, or controlled by the City of Fayetteville, including city streets, alleys, public rights-of-way, public squares, vehicles, equipment, poles, and structures. (B) Construction and Scope. (1) This ordinance establishes city fiscal and property-use policies. It shall not be construed to direct the day-to-day administration of a city department or any particular investigation or law enforcement decision. (2) This ordinance does not govern the receipt or use of information lawfully obtained from another governmental or law enforcement agency without payment of a fee or other charge for the information or access. For purposes of this subsection, salaries, wages, benefits, overtime, or other compensation paid to city officials or employees in the normal course of their duties shall not constitute payment of a fee or other charge Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560 for the information or access. (3) This ordinance does not apply to body-worn cameras, dashboard cameras, security cameras, or traffic-monitoring cameras unless they are operated or used as part of an automatic license plate reader system. (4) This ordinance does not select a vendor, award a contract, or direct the administration of any particular purchase or contract. (C) Prohibited Use of City Funds and City Property. (1) No city funds shall be appropriated or expended to acquire, lease, install, operate, maintain, repair, replace, or license an automatic license plate reader system, or to purchase a related subscription, data storage service, data captured by or derived from such a system, or access to that data. (2) No automatic license plate reader system shall be installed or operated on city property. (D) Exemptions. This ordinance does not apply to the automatic license plate reader system currently in use by the Parking Management Department, provided that: (1) Captured plate data is not used, shared, or made available or accessible for any purpose other than the assessment and collection of a parking citation, unless the requesting person or entity has a valid, court issued probable cause warrant for the specifically identified data; and (2) Captured plate data shall be deleted after 48 hours unless needed to support the assessment and collection of a parking citation Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that nothing in this ordinance shall impair a contractual obligation in effect before this ordinance becomes effective. City funds may be expended, and city property may be used, only to the extent necessary to satisfy that obligation. No city funds shall be used to renew, extend, expand, or exercise an option under the contract. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any provision of this ordinance, or its application to any person or circumstance, is held invalid or unenforceable, the remaining provisions and applications shall remain in effect. Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560