HomeMy WebLinkAbout3896-11/15/1992ORDINANCE NO. 3986
AN ORDINANCE AMENDING THE 1988 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING CHAPTER 332, PROVIDING FOR SURVEILLANCE
CAMERAS AND SECURITY MEASURES IN CONVENIENCE
STORES OR BUSINESSES.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Chapter 332, Convenience Store Security, is hereby added to
the 1988 Code of Ordinances of the City of Waterloo, Iowa, as
follows:
CHAPTER 332. CONVENIENCE STORE SECURITY.
Sec. 332-1. Purpose.
The purpose of this chapter is to provide protection to the
public at those establishments commonly known as convenience stores
located within the City of Waterloo, Iowa.
Sec. 332-2. Definitions.
(a) "Convenience Store or Business" as used in this chapter
means any business which sells consumer goods including but not
limited to alcoholic beverages to be consumed off premises, soft
drinks, cigarettes, and packaged food, or petroleum products, and
which routinely remains open for business twenty-four (24) hours
per day or any portion of that time between the hours of 6:00 p.m.
and 6:00 a.m. and which usually has on duty two or less employees
during the hours between 6:00 p.m. and 6:00 a.m.
(b) "Surveillance Camera" as used in this chapter means a
video tape camera or similar video recording device.
Sec. 33a-3. Surveillance Camera Requirement.
(a) Effective January 1, 1994, every convenience
store/business shall be equipped with a functioning surveillance
camera. Said camera shall be in operation during all hours between
6:00 p.m. and 6:00 a.m. while said business is open to the public.
(b) Any convenience store or business that has purchased and
installed a surveillance camera of any kind during the six (6)
months prior to October 1, 1993 shall not be required to upgrade
the equipment in question to comply with this ordinance until
January 1, 1996.
Sec. 33i-4. Surveillance Camera Specifications and Requirements.
At a minimum, all surveillance cameras shall meet the
following specifications:
(a) The surveillance camera shall be capable of recording
color images and be positioned without obstruction so as to film
all persons entering and departing the convenience store/business
and all persons approaching within five (5) feet of each cash
register.
(b) All surveillance cameras shall be installed by a
competent technician who has been trained to properly install said
surveillance cameras.
(c) It shall be the sole responsibility of the owner of the
convenience store or business to monitor the surveillance camera
for its effectiveness and proper functioning. Said proper
functioning shall include but not be limited to the pictures
depicted from said surveillance camera providing sufficient clarity
to enable reasonable identification of the person or persons
filmed. A record of all inspections and monitoring of the
surveillance cameras shall be kept and available at all times on
the premises and upon demand by the Chief of Police or his/her
designee of the Waterloo Police Department.
in{ 309 PAGE 273
Ordinance No. 3986
Page 2
(d) Said film used in the surveillance camera shall be color
film of good quality and which is not reused more than ten (10)
times or which shall be replaced every thirty (30) days, whichever
need occurs first. The purpose of said requirement is to ascertain
that the color film produces sufficient clarity to enable
reasonable identification of the person or persons entering and
departing the convenience store/business. Said color film shall
depict the time of the photographing.
Sec. 33i-5. Inspection of Surveillance Devices and Records.
The surveillance camera or cameras shall be subject to
inspection by the Chief of Police of the Waterloo Police Department
or his/her designee. Upon request, the convenience store/business
owner or employee on duty must immediately furnish to the Chief of
Police or his/her designee an inspection report, by a qualified
technician, in a form specified by the Chief of Police, certifying
that the devices have been inspected and are in working order.
Sec. 33i-6. Visibility of Premises.
Every convenience store/business shall keep and maintain a
clear line of vision from the outside of the premises into the
interior of said premises. In furtherance of this requirement,
windows and door glasses shall not be obstructed with signs or
otherwise to the point that said visibility is substantially
impaired.
Sec. 33i-7. Exemptions.
(a) A convenience store/business which is required to install
a surveillance camera by this chapter may apply to the Waterloo
Police Chief for exemption from said chapter. The Chief of Police
may exempt a convenience store/business if he/she finds that the
convenience store/business has undertaken alternate security
measures which are substantially equal to or more effective in
preventing criminal activity and in assisting in the apprehension
of the perpetrators of a crime at said convenience store/business
or for the protection of employees, all to the satisfaction of said
Chief of Police. The Chief of Police may authorize temporary
extensions of the installation deadline provided herein when a
business demonstrates to his/her satisfaction that it is
temporarily unable to comply for good cause shown.
(b) Any party aggrieved by the decision of the Waterloo
Police Chief or his/her designee in regard to matters covered by
Subparagraph (a) hereof, may appeal said decision to the City
Council. Said appeal must be taken within 14 days of the decision
in question.
Sec. 33i-8. Violations.
Any violation of this chapter shall constitute a municipal
infraction, and upon conviction thereof shall be punishable by a
minimum fine of fifty dollars ($50.00), in addition to any other
appropriate alternative relief ordering the defendant to abate,
cease, or correct the violation, which shall include but not be
limited to injunctive relief. All penalties and remedies shall be
as provided in §1-16 of the Code of Ordinances of the City of
Waterloo, Iowa. Each day that a violation occurs or is permitted
to exist by the defendant, constitutes a separate offense.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
November
November
November
November
1, 1993
1, 1993
8, 1993
15, 1993
PASSED AND ADOPTED by the City Council of the City of
CNK 3O9 PAGE 274
Ordinance No. 3986
Page 3
Waterloo, Iowa, on the 15th day of November, 1993, and approved by
the Mayor on the 17th day of November, 1993.
Albert C. Manning, Jr.,
ATTEST:
MichellJSTemeyer, Acti(}�ig Clerk/Auditor
CERTIFICATE
I, Michelle Temeyer, Acting City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that the preceding is a true and
complete copy of Ordinance No. 3986, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 15th day of November,
1993.
Witness my hand and seal of office this 17th day of November,
1993.
Michelle Temeyer, Acting Clerk/Auditor
MISC
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Filed for record Dec 15 1993
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Ordinance No. 3986
notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in
Waterloo, Black Hawk County, Iowa, once commencing on the
9th
day of December 19 93
in the name of
said newspaper, and that the annexed rate of advertised is the regular legal rate of said
newspaper, and that the following is a correct bill for publishing said notice.
Printer's Bill $ 58.52
Subscribed and sworn to before me this `
Signed
day of
AD., 19 93
Received of
Notary Public
the sum of
in full for publication of the above notice.
Dollars