Loading...
HomeMy WebLinkAboutCouncil Packet - 5/8/2017ORDINANCE COMMITTEE May 8, 2017 4:35 PM Harold E. Getty Council Chambers Members Chairperson Pat Morrissey All Council Members Roll Call: Approval of Agenda, as proposed. NEW BUSINESS 1. Discussion of proposed changes to Title 5, Police Regulations, Chapter 4, Convenience Store Security. Submitted By: Daniel J. Trelka Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Discussion ofproposed changes to Title 5, Police Regulations, Chapter 4, Convenience Store Security. City Council Meeting: 5/8/2017 Prepared: 5/1/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 5/1/2017 - 5:47 PM Clerk Office Even, LeAnn Approved 5/3/2017 - 9:31 AM ATTACHMENTS: Description Type D Surveillance Cameras for Certain Businesses Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Discussion ofproposed changes to Title 5, Police Regulations, Chapter 4, Convenience Store Security. Submitted By: Daniel J. Trelka Motion to receive, file, consider, and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of O rdinanc es, by amending Title 5, Police Regulations; Chapter 4, Convenience Store Security. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Chapter 4 Surveillance Cameras for Certain Businesses 5-4-1: Purpose 5-4-2: Definitions 5-4-3: Requirements of the Video Surveillance System 5-4-4: Minimum Technology Requirements 5-4-5: Camera Placement 5-4-6: Inspections 5-4-7: Enforcement; civil penalties 5-4-8: Exemptions 5-4-1: Purpose: This chapter is enacted to reduce criminal activities where employees of certain businesses are exposed to the actions of people with criminal intent. The businesses subjected to this ordinance have certain characteristics which may tend to increase the potential risk of criminal activity at the business. It is also intended to aid law enforcement during the investigation of crimes that may occur at certain businesses. 5-4-2: Definitions: The definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this Chapter. 1. "Business Establishments" 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 lowa 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 required to obtain a permit issued by the State of Iowa, Alcoholic Beverages Division of the Department of Commerce, which authorizes the sale of beer, wine, or distilled spirits to be consumed off the premises where sold. h. "Media" means material conforming to the Minimum Technical Standards of this Chapter on which audio, video, and electronic data can all be recorded for the purpose of making a permanent record. i. "Mobile Communications Retailer" means a business that is engaged in the sale of cellular or mobile communication devices and services, but does not include kiosk stores located in a shopping mall or other business for which the sale of cellular devices or services is only incidental. "Money Transmission Service" means a business required to obtain a license issued by the State of Iowa, pursuant to the Iowa Code Chapter 533C, or any applicable successor statutes, to operate a money transmission service. k. "Pawn Broker" means a business required to obtain a license issued by the City of Waterloo, pursuant to Title 3, Chapter 4A of the Waterloo Municipal Code. I. "Pharmacy" means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws as defined by Chapter 155A.3 of the Iowa Code. m. "Scrap 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. 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. be maintained in proper working order at all times; and b. be kept in continuous operation 24 hours a day, 7 days a week; and c. 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 the human eye, and d. meet the minimum technological standards established by resolution of the City Council; and e. At least one employee of the business shall know how to operate the system, including the ability to download video to a digital media storage device, and be able to respond to the business on short notice if needed, if at all possible, and f. Upon being requested to download video at the request of the Police Department, the business shall also download the video player for their system. g. Businesses affected by this ordinance are not required to monitor or review any of the video footage that their system captures. 2. Any business establishment that is required to install surveillance systems under this ordinance, which has purchased a system within the last year, shall: a. Not be required to meet minimum technology standards, until three years after this ordinance is enacted. b. Must have written documentation showing date of installation and/or purchase of current system. 5-4-4: Minimum Technology Standards Minimum Technological Standards required for Video Surveillance Systems shall be established by resolution of the City Council, which may be updated periodically. The Police Department shall review the Minimum Technical Standards every five year's to ensure they are consistent with current technology, and shall recommend appropriate updates to the Council. 5-4-5: Camera Placement The Video Surveillance System shall have no less than one camera dedicated to each of the following: 1. 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 Chapter. c. The Chief of Police or designee shall take into account that mechanical failures or power failures, which the business may have no control over, shall be considered prior to any citations being issued to a business that may be out of compliance. d. Violators shall have thirty (30) days after receipt, via certified mail or personal service, of the notice of the violation to provide the Police Department proof that the violation has been corrected. If the violation continues after the thirty (30) day period, the Chief of Police or designee shall issue a citation against the violator and, subject in any event to the appeal process afforded under this chapter, 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 relief ordering the defendant to abate or correct the violation, which shall include, but not limited to, injunctive relief. f. For purposes of this chapter, each day that a violation continues shall be a separate violation. 5-5-8: Exemptions: A business which is otherwise required to install a video surveillance system may apply, on an annual basis, to the Chief of Police or his/her designee for exemption from the provisions of this chapter. The Chief of Police or his/her designee may exempt a business for a period of twelve months if he/she finds that the business has or will undertake alternative security procedures which are substantially equal to or more effective in preventing criminal activity and in assisting in the apprehension of the perpetrators of crime or for the protection of employees. In addition, the Chief of Police or his/her designee may authorize alternate procedures on an experimental basis. Such an exemption shall carry a maximum duration of twelve months, and a business must either reapply for an 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.