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An ordinance to amend Section 13.08.080 of the Metropolitan Code relative to the use of license plate scanners by law enforcement for the prosecution of reckless drivers.
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 13.08.080 of the Metropolitan Code is hereby amended by adding the following underlined provision at the beginning of subsection G:
G. Except as otherwise provided in subsection I. of this section, it is unlawful to operate any license plate scanner installed onto or within the public right-of-way, with the exception of uses that meet each of the following requirements:
Section 2. That Section 13.08.080 of the Metropolitan Code is hereby amended by adding the following new subsection I.:
I. This section shall not apply to the use of license plate scanners by law enforcement for the purpose of enforcing state and local laws pertaining to reckless driving, including but not limited to the prosecution of persons engaged in illegal drag racing activity at speeds in excess of 70 miles per hour, and for identifying stolen license plates used on vehicles driving recklessly. Unless specifically authorized herein, license plate readers shall not be used for any other purpose, including but not limited to surveillance. Any data collected shall be safeguarded to ensure such data is encrypted and, to the extent permitted by Tennessee law, is not accessible to individuals or entities unrelated to the investigation or prosecution of reckless driving and illegal drag racing. License plate scanners used for this purpose shall be limited to use along arterial streets and controlled access highways, including exit and entrance ramps. To the fullest extent permitted by state law, license plate data shall only be retained during the pendency of the prosecution and shall be destroyed following the final disposition of the case. To the extent permitted by Tennessee law, the data capture...
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