Laws & Regulations

Body worn cameras

 

34.01 Purpose: The purpose of this policy is to establish guidelines for the use, management, storage, and retrieval of recordings from the department’s body-worn cameras (BWC), mobile video recording (MVR) system, digital recordings, and interview room recordings.
The use of an audio/video recording device has multiple benefits which include:
A.) Assist in the documentation of police-public law enforcement contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court.
B.) Audio and video recordings also enhance this agency’s ability to review probable cause for arrest, officer and suspect interaction, evidence for investigative and prosecutorial purposes, and to provide additional information for officer evaluation and training.
C.) The audio/video recording device may also be useful in documenting crime and accident scenes or other events that include the discovery, confiscation, and documentation of evidence or contraband
34.02 Policy: It is the policy of this department that officers shall activate their body worn camera (BWC), mobile video recording system (MVR), or interview room recording system when such use is appropriate to the proper performance of his or her official duties, whereas the recordings are consistent with this policy and law. This policy does not govern the use of surreptitious recording devices when used in undercover operations.
34.03 Definitions:
A. Body-worn camera: A portable video device that can be worn on an officer’s person.
B. Mobile video recording system: Equipment installed in a department vehicle capable of recording audio and visual signals, which generally includes a camera, microphone, remote transmitter, and monitor.
C. Digital recorder: A handheld device capable of recording audio in a WAV, M4A, DS2, or other similar file format.
D. Audio/video recording device: Phrase referring to a body-worn camera, mobile video recording system, digital recorder, or a combination of the devices mentioned.
E. Interview room recording system: The system used to record interviews, interrogations, chemical test procedures, and other related law enforcement activities in the department’s interview rooms and booking room.
F. Law enforcement contacts: Police/citizen contacts in which there is a clear enforcement or investigative purpose.
34.04 Procedures:
A. Use of audio/video recording device
1. Upon the start of their shift, an officer shall obtain a BWC and assign the device to himself/herself following departmental training and procedure. The BWC shall be attached to the middle of the upper torso area of the officer’s body. The BWC should be checked for adequate battery life and inspected for damage.
a. Officers using an audio/video recording device are responsible for proper care of the equipment.
2. The officer shall login to the MVR system in their squad, if equipped.
3. Officers shall activate an audio/video recording device to record all law enforcement contacts including, but not limited to: traffic stops, impaired driver investigations, field interviews, suspect/witness/ interviews and statements, vehicle and foot pursuits, searches of persons and property, crime scenes, and crash investigations.
4. The examples listed in 34.04(A)(3) do not prohibit an officer from activating their audio/visual recording device in any situation in which they believe the recording may be beneficial to the department or public, as long as the recording is not prohibited by department policy/directive or law.
5. If an individual requests a member to activate their audio/video recording device outside the definition of a law enforcement contact, the member shall accommodate the request as long as it is not in conflict with a prohibited recording.
6. Once an audio/visual recording device is activated, members must continue to record until either the completion of the event, they leave the scene and their involvement in the event cease or an authorized exception applies.
7. Combinations of the various audio/video recording devices should be used together when practical. As an example, the MVR and BWC should be used in conjunction with one another during traffic stops and traffic collision investigations. Additionally, the interview room cameras and digital recorders should be used together when an officer is applying for a telephonic OWI related search warrant.
B. Exceptions to Recordings
1. Members have discretion in whether or not to record potentially sensitive events or circumstances (ie: victims of sexual assault, child victim statements/interviews in the field, nude persons who are not
the target of enforcement action) if the person specifically requests not to recorded. In this case, the officer should attempt to obtain permission to record the audio of the interaction either via digital recorder or by covering the video camera portion of the BWC
2. Members may mute the audio/visual recording device during conversations with other officers or the District Attorney’s Office about crime charging decisions or police tactics. The audio/video recording device may be deactivated when an officer is on break or otherwise engaged in personal activities, traffic control at fires, crime scenes, or crash scenes where the member's likelihood of being involved in enforcement activities is low, or lengthy hospital stays awaiting medical clearance with a suspect or victim. (Unless enforcement actions are likely, the likelihood of additional criminal activity is high, the suspect is making voluntary statements, or the officer is gathering additional evidence.)
3. Members shall make a verbal notation on the recording anytime he or she plans to intentionally stop or mute a recording prior to the completion of an event or incident. The verbal statement must include the reason why the member is stopping or muting the recording. If an officer engaging in an official law enforcement contact capacity fails to activate the audio/visual recording device, or an interruption in recording occurs, the officer will document the reason for the failure to start, interruption or termination of recording in their report.
C. Prohibited Recordings
1. Unless there is a clear investigative need, audio/visual recording devices will not be activated in a place where a reasonable expectation of privacy exists, such as dressing rooms, locker rooms and restrooms. (Wis. Stat. 175.22)
2. Audio/visual recording devices shall not be used to record a body cavity search, which are only allowed to occur in a hospital or medical setting. However, audio/visual recording devices will be used to record searches done by officers in the field (ie: pat-downs, search incident to arrest, vehicle searches).
3. Audio/visual recording devices will not be intentionally activated to record conversations of fellow officers and department employees without their knowledge during routine and non-enforcement activities.
4. Audio/visual recording devices will not be utilized to surreptitiously record non law enforcement related conversations with the public and/or other City employees.
5. Members utilizing an audio/visual recording devices will not knowingly record undercover officers or confidential informants.
6. Audio/visual recording devices will not be utilized to record any off duty or personal activity.
D. Department Review/Training
1. All data, images, video and metadata captured, recorded or otherwise produced by the audio/visual recording device are the sole property of this department. Officers are prohibited from making copies of any audio/visual recording for personal use.
2. Members will receive training prior to being assigned a BWC. (Wisconsin State Statute 165.87(1)(b)) Additional training may be required at periodic intervals to ensure continued effective use and operation of the equipment, revisions/updates in policy, or upgrades or changes to equipment.
3. Recordings may be reviewed by an officer viewing their individually assigned recordings to assist with writing a report or refreshing their memory in reference to an upcoming court case. Recordings may also be reviewed by a supervisor acting in their official capacity during performance evaluations, citizen complaints, administrative inquiries, open record requests, or other situations deemed as necessary.
4. Recordings may be used for the purpose of training. Members are encouraged to inform their supervisor of any recordings that may be of value as a training aid.
34.05 Interview Room cameras
A. Officers shall activate the interview room cameras under the following circumstances.
1. All suspect interviews or interrogations, regardless of whether or not the suspect is in custody.
2. Whenever a complainant or witness provides a statement in a criminal incident or any incident that potentially could turn criminal.
3. During any OWI or drug-impaired driving related activities such as field sobriety tests, the chemical test procedure, or the application of a search warrant.
4. Any time a juvenile is inside the police department without their parent or guardian in reference to a law enforcement related matter.
34.06 Preservation and Retention of Recordings
A. Download/upload and storage of audio/visual files
1. All BWC and digital audio recordings should be securely downloaded at the end of each shift. The BWC and digital audio device shall be downloaded in accordance with departmental procedure and training.
2. The MVR shall be downloaded on a frequent basis. The MVR may need to be downloaded immediately due to a felony arrest, issuance of a criminal complaint, pending open records request, or other exigent circumstances such as an officer safety issue. The department members responsible for the downloading of the MVR should be immediately notified in those instances.
3. Audio/video recordings captured in the department’s interview rooms and booking rooms are recorded onto blank media. (DVD-R or DVD+R) The media shall be labeled with the case number and date of the incident. The media shall then be placed into evidence in accordance with departmental procedure and training.
2. Recordings shall be securely stored in accordance with state retention laws and departmental policies. All BWC footage must be retained for a minimum of 120 days.
3. Officers shall not edit, alter, erase, duplicate, copy, share or otherwise distribute audio/visual recordings. Officers and members of the department are prohibited from making copies of audio/visual recordings by using another recording device such as a cell phone.
a. The lone exception to this policy is the designee of the Chief of Police assigned to redact or blur portions of audio/visual files in accordance with state and privacy laws.
4. The Chief of Police may authorize specific members to access, copy or release recordings.
5. The release of recordings requested through a public records request will be handled in accordance with existing policy and public records laws. Prior to any release to the public, the Chief of Police or his/her designee will ensure that proper redactions have been made in accordance with state law.

 

Parking questions?
 

Presented here is but a very small part of the Ordinances of the City of Waterloo. However we have attempted to include those which have been most frequently questioned for content. If you have questions pertaining to a particular ordinance or law, that may not be included here, please contact the City Clerk's office during normal business hours (8:00 am to 4:30 pm) at 136 North Monroe Street, Phone number 920-478-3025, or the Police Department during normal business hours (7:00 am to 3:30 pm) at 136 North Monroe Street. Phone Number 920-478-2343. All business hours are Monday thru Friday, weekends and holidays excluded.


§350-7 - Parking

§350-7D - Limited Time Parking During Certain Hours
Unless specifically otherwise provided, between the hours of 8:00 A.M. and 5:00 P.M., except on Sundays and legal holidays, no person shall park a vehicle for any longer than 2 hours upon the following streets or portions thereof:

  1. On the south side of East Madison Street, from its intersection with South Monroe Street easterly to its intersection with South Washington Street.
  2. On the north side of East Madison Street, from its intersection with North Monroe Street easterly to its intersection with Mill Street.
  3. On both sides of South Monroe Street, from its intersection with East and West Madison Streets southerly to Taylor Street.
  4. On North Monroe Street, from its intersection with East and West Madison Streets northerly to and including 176 North Monroe Street.
  5. On West Madison Street, from its intersection with North and South Monroe Streets westerly to North and South Jackson Streets.

§350-7E - Parking in Parking Lots Regulated
No person shall park any vehicle in any public parking lot for more than 24 hours without the permission of the Police Department or by permit. (Permits, with certain restrictions, are obtained from the City Clerk's Office)(See §350-7E(1)) for restrictions in municipal lot)

§350-7F - All Night Parking on Certain Streets Regulated
No person, except a licensed physician on an emergency call, shall park a vehicle between 3:00 A.M. and 5:00 A.M. on any day on the following streets or parking lots:
(1) On Monroe Street, from the railway track north to and including 176 North Monroe Street. (2) On Madison Street, from Mill Street to Jackson Street. (3) In the municipal parking lot on North Monroe Street except by permit.

§350-7G - Winter Parking Regulations   
No person shall park in any city street or public parking lot in the City between the hours of 1:00 A.M. and 6:00 A.M. from November 15 to April 1, except by permit. Interested in applying? Here is an application.

§350-7H - Truck Parking Regulations
(1) No person shall, at any time, park, stop or leave standing, whether attended or unattended, any trailer or semitrailer, whether or not attached or connected to a truck tractor or road tractor, on any street in any district zoned residential. (2) No person shall park, stop or leave standing, with the engine running, any unattended truck tractor or road tractor on any street in any district zoned residential.


§133 - Bicycles

§133-1B - Registration Required
No resident of the city shall ride or use a bicycle with wheels of 20 inches or more upon any street in the city unless the same shall have been registered and tagged as herein provided.

§133-1D - Registration Fee and Term
The registration fee for each bicycle shall be as stated in the City of Waterloo Fee Schedule and the registration shall not expire during the period the bicycle is owned by the registrant or a member of the registrant's immediate family.

§133-1E - Registration Transfer
Within 2 days after any bicycle registered hereunder shall have changed ownership, the purchaser of the bicycle shall report such information to the Police Department and register the bicycle.

§133-1F - Removal of Tags Prohibited
Except for the purpose of re-registration, no person shall remove, deface or destroy any identification tag.

§133-1G - Conditions of Operation
Every person operating a bicycle upon a public street shall be subject to the provisions of this chapter and all state laws applicable to the operator of any such vehicle. In addition:
(1) Every child under 8 years of age is prohibited from operating a bicycle upon any street designed for motor vehicle traffic. (2) Every child under 10 years of age is permitted to ride and operate a bicycle upon the sidewalks, except in the business district. (3) Every person who may legally operate a bicycle upon the sidewalk must ride such bicycle in single file and give the right of way to all pedestrians.


§133-2 - Skateboards Regulated

No person shall operate a skateboard on the sidewalks in any business district.


§278-2 - Possession and use of Firearms and Other Dangerous Weapons

§278-2B - Possession of Firearms prohibited
In addition to the provisions of sub. (C) below, no person except duly authorized city, village, county, state or federal law enforcement officers specifically authorized by law to carry firearms, shall possess a firearm while in any public building or on any public land within the City.

§278-2C - Use of Firearms Regulated
No person except an authorized police officer shall discharge any firearm within the City or have any firearm in his possession within the City unless it is unloaded and enclosed in a carrying case or other suitable container except as provided in 278-2C(2)


§126-4 - Regulation and Licensing of Dogs §126-4A

Dog License Required It shall be unlawful for any person in the City to own, harbor or keep any dog more than 5 months of age unless it is licensed. §12.11(5) - Rabies Vaccination Required It shall be unlawful for any person to keep any dog in the City which is over 5 months of age and has not received a rabies vaccination as required by §95.21(2), Wis. Stats. No dog license shall be issued until a certificate of rabies vaccination issued by a veterinarian has been presented. A rabies vaccination tag shall be attached to the collar of all licensed dogs at all times, except as provided in §95.21(2)(f), Wis. Stats.

§126-4G - Restrictions on Keeping of Dogs

It shall be unlawful for any person within the City to own, harbor or keep any dog which: (1) Habitually pursues vehicles upon any street, alley or highway. (2) Molests passersby or assaults or attacks any person without provocation. (3) Is at large within the limits of the City. (4) Habitually barks or howls to the annoyance of any person or persons. This paragraph shall not apply to hospitals for the treatment of small animals or to the premises occupied or used by the City Pound. (5) Kills, wounds or worries any domestic animal. (6) Urinates or defecates on public property or other private property. In the event the animal defecates on another's land or any public right of way, the owner shall immediately remove the feces in a sanitary manner. §126-5 - Duty to Report Animal Bite Every person, including the owner or person harboring or keeping a dog, cat or other animal, who knows that such animal has bitten any person shall immediately report such fact to the Police Department. §126-4J - Number of Dogs Per Household Limited No person, except a kennel licensee, shall own, harbor or keep more that 3 dogs that are more than 5 months of age except in a place or places where animals are impounded or restrained as specified by ordinance. If a total of more than 3 dogs are owned, harbored or kept in or by any one household, the head of the household shall be deemed the person so owning, harboring or keeping such animals, notwithstanding that the dog license or licenses may be issued to other members of the household as owners of such dogs.