Label
Text Amendment of TMC, Biometric Data Collection
Council Member Gadus
Title
Amending Toledo Municipal Code by enacting Chapter 557 “Biometric Data Collection”.
Body
SUMMARY & BACKGROUND:
In response to increased federal immigration enforcement efforts, this ordinance is part of a package of policies that are intended to provide clarity to both its employees and the public as to the City’s involvement with immigration enforcement efforts. The City does not operate any services for the purpose of federal immigration laws and enforcement of civil immigration is under the sole authority of the federal government. Toledo is home to thousands of immigrants, refugees, and their families who all make this city their home and in light of recent immigration enforcement efforts, Council feels an obligation to enact policies that demonstrate our support and protection for those residents.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Chapter 557 entitled “Biometric Data Collection” is enacted.
SECTION 2. That Toledo Municipal Code §557.01 is enacted to state as follows:
§557.01 Definitions
For purposes of this chapter, the following definitions apply:
(a) Biometric data means a physiological or biological characteristic that, singly or in combination, is used to identify, or assist in identifying, an individual, including, but not limited to:
(i) a retina or iris scan,
(ii) a fingerprint or voiceprint,
(iii) a scan of hand or face geometry, or any other identifying characteristic.
(b) Place of public accommodation means a business, an educational institution, or a refreshment, entertainment, recreation, health, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
(c) Responsible person means an owner, manager, or agent with the authority to control entry into a place of public accommodation.
SECTION 3. That Toledo Municipal Code §557.02 is enacted to state as follows:
§557.02 Collection of Biometric Data
(a) Any place of public accommodation that collects, uses, retains or shares biometric data of its customers must disclose such collection, use, retention, or sharing, as applicable, by placing a clear and conspicuous sign near all of the customer entrances notifying customers in plain, simple language, in a form and manner prescribed by the Mayor or his/her designee, that their biometric data is being collected, used, retained or shared, as applicable.
(b) A responsible person at each place of public accommodation is obligated to ensure that the proper signage is visibly posted at each customer entrance at all times during which the place of public accommodation is open.
(c) Each violation of this chapter shall be a minor misdemeanor with the first offense receiving a warning and all subsequent violations punishable by a maximum fine of $150. Each day’s violation shall constitute a separate offense. Where a responsible person is not immediately apparent, there shall be a rebuttable presumption of responsibility on the part of the owner of the place of public accommodation.
SECTION 4. That Toledo Municipal Code §557.03 is enacted to state as follows:
§557.03 Applicability
(a) Nothing in this chapter shall apply to the collection, storage, sharing or use of biometric data by government agencies, employees, or agents.
(b) The disclosure required by Section 557.02 does not apply to:
(i) biometric data collected through photographs or video recordings, if:
(1) the images or videos collected are not analyzed by software or applications that identify, or that assist with the identification of, individuals based on physiological or biological characteristics, and
(2) the images or videos are not shared with or sold to third-parties other than law enforcement agencies.
SECTION 5. That Toledo Municipal Code §557.04 is enacted to state as follows:
§557.04 Enactment
This chapter shall take effect and be in force from and after June 1, 2026.
SECTION 6. That this Ordinance shall be in force and effect from 30 days after its passage.
Passed: _________________: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council