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Resolution 1976-58 e . .c RESOLUTION NO. 76-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROTESTING THE PRACTICE OF THE DEPARTMENT OF MOTOR VEHICLES OF SELLING THE NAMES AND ADDRESSES OF CITIZENS UPON REQUEST TO ANY INDIVIDUAL OR COMPANY SO REQUESTING AND URGING REPEAL OF THE LAW AUTHORIZING THIS PRACTICE. WHEREAS, all citizens of the State of California have a right to privacy and security in their homes; and WHEREAS, the Department of Motor Vehicles is authorized by Vehicle Code Section 1810 to sell information from its records concerning the registration of any motor vehicle, including the name and address of the registrant, as indicated in Exhibit A, attached hereto, incorporated by reference and made a part hereof; and WHEREAS, the Department of Motor Vehicles does sell such information; and WHEREAS, criminals use such information in selecting victims for rape and robbery; and WHEREAS, such information may also be used to find the home address of police officers, subjecting them to harassment and possible threats; and WHEREAS, such information is used by advertisers for dis- semination of unsolicited junk mail to all citizens; and WHEREAS, no discernible public purpose is served by the sale of such information; and WHEREAS, this practice results in an invasion of the privacy of the citizens of Gilroy and all citizens of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE AS FOLLOWS: 1. That on behalf of the citizens of the City of Gilroy, the City Council objects to the practice described in this resolution and requests its termination. RESOLUTION NO. 76-58 -1- e . 2. That the City Clerk be authorized to send a copy of this resolution to Governor Edmund G. Brown, Jr. and to the State Senators and Assemblymen representing Gilroy and to Herman Sillas, Director of the Department of Motor Vehicles, and to the League of California Cities which urges repeal of the Vehicle Code Section 1810. PASSED AND ADOPTED this 6th day of December, 1976, by the following vote: NOES: ABSENT: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. COUNCIL MEMBERS: None AYES: COUNCIL MEMBERS: None APPROVED: )k/~~- ( Mayor ATTEST: City Clerk -2- .,. , I. \ l~ ~ ./ 3 / <,~~ ~j:~ h-/~~( ~I';~~; I:): :,I:j'rr'j" ( ~', \:~i.7 r..~. (", ,: I. iJ J'q. r-. \ . .,~ I" ~.: '.. "';"'I~',... . 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',~~ J", ~ - ~"':'~;~/~'h/'" ... . ~1,_ ~~ .....'\.:/. '~'W. J'.,,:\ \~, ..;. ,". '.':" . ':"J" . I:' /.~.:' . ;~.: . . . ~.,G/"'~'~, "~~ . ',\- .. ..' 1 . "<t-' ',' .1". ~.. ~"--<':iJl .!/;;; . ;.1..' .."" <':".~,:, ," . ...../ ......~'<' ,.- . -." tG....:J _ '" ' Can a license plate be hazardous to your safety?, For 75 cents the Department of Motor Vehicles . , Staff photo by Phil Colonnelll will tell you who this young lady is and where she lives. Any crook can buy your name THE SOUTH BAY DAILY BREEZE Sunday, September 5, 1976 By I'hil Co\onnelli starr writer Anyone ('an fllld nut \l. hn )'OU are and where you h\'(' If they'\'t' Got 75 ('I'nts III theIr pocket and know your car's It('l'n~,(' nu Plh!'r And the)' don't C'\ ('n h;.\'c' tll pro\'lde 1I1l' Dqlilllrn:'r.t of f,iotor \'('hldes Wllh a \ alad rca~on for reque~tlng the Infc,rmation Pulic(' say th(' r('sul! h;J~ l,,'('n USE' o( the inlormation (or ulrnin<ll purposes It.s all \-,ossiUle u('ciwse 01 Vt,hide Code s('rtiun 1810: "Th(' dcp:irlrn('nl may $('11 IIlfurmatlon from Its rf'cords conccrnlllC lhc' rq:lstratlOn of .1Il)' yt.tllde at a chaq;E' suffICient to pay tIle artual (:ost to the depart. ment for pro\'ldln(: the mformation." That 13" h.1S tJccn on thl' tJ{){\ks since 1935 "CTlmma!s hase kllown about HilS lor many years," says Lt Boberl Cr;lw, ('(.mnunu('r of t:,t' Incl!'wood Police DqI3rtllll'IIt'!> crlfT,e p' ('\,<'111101. t>'lrf'aU ....m sun' th.11 thl' 1:lf"rmalllln IS u..ed (IIr mall)' thlllrs." lIdds (';"...ly" \l..ll'y. a~lqanl man".:cr of the License-^3. eo1. 1 , EXHIBIT A Pe!ge 1 of 2 ,. \'>, a, _.."..;:....." __.~_~......~,;i*j. ~_~,Jlt-:~J~. _1IiI~ ,. ~ '" r_~...,.~"~,'" I>- _~ ,jo,.-..,4 :..-- '. License f~rom p~lg~ Al :' Dcp..rtmcnt of Motor Vehicles office in Haw'thorne. ': The information about a car's registered owner is a ,- matte'r ~r public record and anyone can obtain it. . DMV form 443 is filled out and 75 cents is given the ~ clerk, Within five working days the information is 'mail<:'d and the department doesn't eVt'n keep a record oCthe n'quest. To test the s)'stem The Doily Breeze took the iicense number and car make of one of Us single female reporters to the Hawthorne DMV office and cornplded the form. In four da~'s the name and address of the woman was obtained, no questions nsked. To say that she was shocked to see a state form bearing her full name and address would be an understatement. The information has been used in the past to locate attractive women seen driVing their cars, police say. In sexual assaults where the victim docs not kno,. the attacker. police say this is one way viclims are 6f'lected and identified. "There ill no question that a person's privacy is belns Invaded," says Lt. Craw. .' , He, notes that the state Legislature cancelled a vehicle seclion some years ago t~at .required all car 'reglstralions to be visible from outside the vehicle. "It seems on orie hand the law offers protection by removing the registratior. from plain sight in the car and then takes it away by giving the Information out ror a small fee," Craw says. Since the DMV keeps no record of who requests the information, It makes it impossible for police to trace a possible criminal by a backcheck of the license data. Ironically, when the Information request is submit- ted to the DMV a form is signed which reads: "I certify under penalty of perjury that I have a legitimate and valid reason for requesting infonnalion on the listed Indivld~al's vehicle and that the information will not be used for unlawful purposes." Such a disclaimer is hardly likely to stop a criminal. eraw says the only way to get around the problem is , to have a car registered to a post office box. .' Res.No. EXHIBIT A Page 2 e e '! . - I, SUSANNE E. STEINNETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 76-58 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of December , 19~, at which meeting a quorum was present. IN WITNESS t-JHE RE OF , I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 8th day of December , 19 76 . :tJ{t~ City Clerk of the