A Resolution Banning the Usage of Unauthorized GPS Tracking

WHEREAS, The usage of location based services and technology has grown significantly in recent years, and

WHEREAS, There has been troubling abuse of these location based services to track other people, and

WHEREAS, No person should have their location tracked without their permission as a law abiding citizen, and

WHEREAS, Numerous cases have occurred where the privacy of a citizen’s location has been invaded through the placement of electronic tracking devices upon their automobiles as well as utilizing smart phone location based services, and

WHEREAS, There is legitimate law enforcement usage of GPS tracking services, and

WHEREAS, Law Enforcement shall only use GPS tracking when a warrant has been obtained, and

WHEREAS, there is no current federal, state, or local law banning the usage of unauthorized GPS tracking, and

WHEREAS, it is the desire of this Legislature to ensure that all citizens are free from having their location tracked without their permission, now, therefore be it

RESOLVED, that local intro. No. _ of 2014, entitled: “A LOCAL LAW CREATING CHAPTER 258 OF THE COUNTY CHARTER AND CODE, AS AMENDED, REGARDING USAGE OF TRACKING DEVICES” be and the same herby is adopted and approved in accordance with the Broome County Charter and Code and all the applicable statutes and laws pertaining thereto:

Local Law Intro. No. _ of 2014

A LOCAL LAW CREATING CHAPTER 258 OF THE COUNTY CHARTER AND CODE, AS AMENDED, REGARDING USAGE OF TRACKING DEVICES

BE IT ENACTED, by the County Legislature of the County of Broome as follows:

Section 1. Chapter 258 shall be created to read as follows:§258-1. Intent; purpose

A. This Legislature hereby finds that the usage of location based tracking devices upon a law abiding citizen without their permission is an invasion of their privacy.

§258-2. Definitions

For the purposes of this article, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:

TRACKING DEVICE: Any device which a person can use to identify another person’s location. A tracking device includes but is not limited to: Geographic Positioning Systems, mobile phones with location-enabled tracking, and automobile tracking systems.

§ 258-3. Applicability A. This legislation is not applicable to the usage of GPS tracking by law

enforcement agents with a valid warrant and by employers with legitimate reasons to track the location of their employer-owned vehicles

§258-3. Unauthorized Use of a Tracking DeviceA. A person is guilty of unauthorized use of a tracking device when he or she,

intentionally utilizes a tracking device to identify another person’s location without their permission.

§258-4. Penalties for offensesA. A violation of any provision of §258-3 shall be guilty of a class B

misdemeanor as defined by New York State Penal Law § 120.45 for Stalking in the fourth degree.

§258-5. EnforcementSection 258-3 may be enforced by any police officer as that term is defined bythe New York State Criminal Procedure Law § 1.20 (34), within the County of Broome.