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HomeMy WebLinkAbout5402-6/5/2017 (FAILEDPrepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5402 ORDINANCE AMENDING THE 2007 CITY OF WATERLOO CODE OF ORDINANCES, BY REPEALING TITLE 5, POLICE REGULATIONS, CHAPTER 4 CONVENIENCE STORE SECURITY AND ENACTING IN LIEU THEREOF A NEW TITLE 5, POLICE REGULATIONS, CHAPTER 4 CONVENIENCE STORE SECURITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That the 2007 Code of Ordinances of the City of Waterloo, Iowa, be amended by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and; enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience St re Security a •Mows: Chapter 4 Surveillance Cameras for Cert 5-4-1: Purpose 5-4-2: Definitions 5-4-3: Requirements of the Video Surveillance System 5-4-4: Minimum Technology Requiremes 5-4-5: Camera Placement 5-4-6: Inspections 5-4-7: Enforcement; civil penal 5-4-8: Exemptions 5-4-1: Purpose: This chapter is enact • reduce crimina itie here employees of certain businesses are exposed to the actions of people with crimina ent. The businesses subjected to this ordinance have certain characteristics which may end�t • increase the potential risk of criminal activity at the busine may o 5 - The definit and applicatio is also intended to aid at certain businses. enforcement during the investigation of crimes that nd provisions contained in this section shall govern the construction, meaning, e following words and phrases used in this Chapter. 1. "Business1®stablishments" or "Establishments" means those establishments listed and defined in this subsection as follows: a. "Bank or Credit Union" means an establishment whose primary function is related to the custody, loan, exchange, issuance of money, extension of credit, or transmission of funds. b. "Carry Out — Food and Drink" means an establishment (i.e.: fast food restaurants) whose principal business is the sale of food and beverages in disposable containers in a ready -to -consume state for consumption either within the building or for carry -out with consumption off the premises, whose cash register is visible to the public view. c. "Coin Dealer" means any business that buys and sells coins, gold or any other "precious metals," as that term is defined by Chapter 502A.1 of the Iowa Code. d. "Convenience Store" means any business which sells at retail both gasoline and more than 20 "consumer products," as that term is defined by15 USCS § 2052 (5) [Title 15. Commerce and Trade; Chapter 47. Consumer Product Safety] e. "Delayed Deposit Services Business" means a person who for a fee does either of the following: i. Accepts a check dated subsequent to the date it was written. ii. Accepts a check dated on the date it was written and holds the check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied. f "Firearm Dealer" means an establishment required to obtain a Federal Firearms License to sell firearms. g. "Liquor or Alcohol Business" means any retailer ® ire. • . . in a permit issued by the State of Iowa, Alcoholic Beverages vision of the . artment of Commerce, which authorizes the sale of beer, wine, or distilled ® its to be consumed off the premises where sold. h. "Media" means material conforming t • Ise Min' um Tec 1 Stards of this Chapter on which audio, video, an. - ctronic • s a can all orded for the purpose of making a permanent re or i. "Mobile Communicationsetailer" means : i mess t is engaged in the sale of cellular or mobile com unication devices : n.' se ° es, but does not include kiosk stores located in a s i • .ping mall or ther mess for which the sale of cellular devices or 4/ ices • .ly incidental. j. "Money Tran is .' Service' g s a . siness required to obtain a license issued by the State • . a, purl s . the Iowa Code Chapter 533C, or any applicable successor sta to opera - a money transmission service. k. "Pawn Broker" means a busin equired to obtain a license issued by the City of Waterlo•..ursuan • itle 3, , apter 4A of the Waterloo Municipal Code. harmacy eans a ®ocation where prescription drugs are compounded, spensed, • sold by a pharmacist and where prescription drug orders are ved or • •c- sed in accordance with the pharmacy laws as defined by aper 155A.f the Iowa Code. m. op metal dealer" means any person operating a business at a fixed or mobile location that is engaged in one of the following activities: i Buying, selling, procuring, collecting, gathering, soliciting, or dealing in scrap metal. ii. Operating, managing, or maintaining a scrap metal yard. n. "Second Hand Goods Dealer" means any business required to obtain a license issued by the City of Waterloo, pursuant to Title 3, Chapter 4B of the Waterloo Municipal Code. o. "Principal City Vertical Infrastructure" means all principal city facilities that the public frequently visits. 2. "Video Surveillance System" (or VSS) means a continuous digital surveillance system including cameras, cabling, monitors, and digital video recorders (DVR) which meet the minimum standards set forth in a Resolution passed by the City Council in accordance with this Chapter. 5-4-3: Requirements of the Video Surveillance Systems Every Business Establishment, as defined in this Chapter, is hereby required to install a Video Surveillance System in accordance with this Chapter. All Establishments which have installed a Video Surveillance System prior to the effective date of this ordinance shall ensure they are in full compliance with this chapter. 1. All Video Surveillance Systems shall: a. b. c. d. e. f. g. be maintained in proper working order at all times; and be kept in continuous operation 24 hours a day, 7 days a week; and shall be recorded at a sufficient rate of images per second so that, when played back in real time, there is no motion loss detectable to t1e human eyel, and meet the minimum technological standards establi d by resolutio of the City Council; and At least one employee of the business shall ow how to operate the s f -m, including the ability to download video to s gal media storage devi and be able to respond to the business on short ' • ice if needed, if at all poss' ' e, and Upon being requested to download v' eo at the r- est of the Poli - o epartment, the business shall also download t video play- • eir yste Businesses affected by this ordinance are not • uired to the video footage that their system captures. 2. Any business establish ordinance, which has a. Not be requi this ordinance is e b. Must have written do of c -nt system. iter or review any of required to install surveillance systems under this em within the last year, shall: echnology standards, until three years after 5-4-4: Minimum Tech Minimu by res sha wi mg date of installation and/or purchase ological $tanedards re ed for Video Surveillance Systems shall be established ion of the City Council, wh ch may be updated periodically. The Police Department inimum gy, and 5-4-5: Cam:.'' acement The Video Surve following: 1. chnical Standards every five years to ensure they are consistent recommend appropriate updates to the Council. e System shall have no less than one camera dedicated to each of the An interior camera that captures all persons entering or exiting the business through doors that are left unsecured at any time, 2. One exterior camera that captures the majority of the parking area meant for customers for the business. This camera can be mounted with one view, or a camera that can be programmed to follow a pattern showing a roaming area of the parking lot, 3. Cash registers and/or check stands may be covered by one camera, so long as they are within 15 feet of one another. 4. All cameras shall be installed in areas where products or advertisements will not block the view of people entering and/or exiting the business 5-4-6: Inspections The Video Surveillance System shall be subject to random inspections by the Chief of Police or his/her designee, who is authorized to inspect any such System at reasonable times to determine whether it conforms to this chapter and any regulations and standards adopted by City Council resolution pursuant hereto. If the Video Surveillance System does not so conform, the Establishment in question shall take immediate steps to bring the system back into compliance therewith. There is not a fee associated with any surveillance system inspection. 1. The Waterloo Police Department shall work with the businesses affected by this ordinance, when requested, to ensure that this ordinance is being followed correctly. 5-4-7: Enforcement; civil penalties: a. Establishments subject to the mandatory requirements of this chapter shall have eighteen (18) months from the effective date of this ordinance to comply with the regulations set forth in this Chapter. b. The Chief of Police or designee is authorized to investigate all alleged violations of this Chapter. Violation of any provision of this Chapter by any owner or principal operator of an Establishment shall result in a notice of violation from the Chief of Police or designee to said Establishment at the address provided by the Establishment at the time a Video Surveillance System is approved pursuant to this C iter. c. The Chief of Police or designee shall take into accout that mechanical failures or power failures, which the business may have no control over, shall be nsidered prior to any citations being issued to a business t at may be out of complian e. d. Violators shall have thirty (30) days after , via certified mail or personal service, of the notice of the violation to pr de the olice Department of that the violation has been corrected. If the tion con ' ues after the irty (30) day period, the Chief of Police or designee shall issue4rcitation against e violator and, subject in any event to the appeal process affordird under this capter, the violator shall be guilty of a municipal infraction and upon conviction thereof shall be punished in accordance with subsection 1-3-2C of this code, in addition to any other appropriate alternative re ' ordering the defersant to ate or correct the violation, which shall include, b of liPiited to, injunctive elief. e. For purposes of th' . pter, each day that a v' ® . tion continues shall be a separate violation. 5-5-8: Exemptions: A business which is otherwise required to i . i' a video surveillance system may apply, on an annual basis, to the Chief of Police or his/he +esignee for exemption from the provisions of this chapter. T hief of Police or licher ignee may exempt a business for a period of twelve months e/s e finds that the busin s has or will undertake alternative security procedures whic . e substtially equal to or more effective in preventing criminal activity and in assisting in ehens • ®of the p- +e .ators of crime or for the protection of employees. In addition, the Chi- • ' • ice •r his/he +esignee may authorize alternate procedures on an experimental basis. Suc . s xemption sha 1 carry a maximum duration of twelve months, and a business must either reappl f• . n exemption at the end of the exemption period or obtain the City's approval of a Video Surveillance System no later than 30 days prior to the end of the exemption period. The Chief of Police or his/her designee may also authorize temporary extensions of time for installation when an Establishment demonstrates to the satisfaction of the City that it is temporarily unable to comply for good cause shown. a. Any business/organization with a liquor license that is in effect for less than 30 days in a calendar year is exempt from this ordinance. b. Any outdoor event that is approved by the City Council is exempt from this ordinance. SECTION 2. Separability of Provisions. It is the intention of the Council that each section, paragraph, sentence, clause, and provision of the Ordinance is separable, and, if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance nor any part thereof other than that affected by such decision. SECTION 3. All ordinances or parts of ordinances in conflict with any provision of this Ordinance are hereby repealed. INTRODUCED: June 5, 2017 PASSED lst CONSIDERATION: June 5, 2017 PASSED 2nd CONSIDERATION: June 5, 2017 PASSED 3rd CONSIDERATION: June 5, 2017 MOTION FAILED THIS 5th day of June 2017.