HomeMy WebLinkAbout1561 - ORDINANCES - 9/2/1998 ORDINANCE NO. 1561
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING CHAPTER 5.03 REGULATING CONVENIENCE STORE ,
VIDEO SURVEILLANCE REQUIREMENTS IN THE CITY OF PALM
SPRINGS
BE IT ORDAINED THAT THE CITY COUNCIL OF THE CITY OF: PALM
SPRINGS DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council of the City of Palm Springs is informed
that the City of Palm Springs experienced approximately 112 reported armed
robberies during the 1997 calendar year;
WHEREAS, the City Council is informed that video surveillance
systems installed in businesses which experienced an armed robbery assisted
police investigators in identifying offenders who had frequented those
businesses prior to or after committing their crimes,
WHEREAS, the City Council is informed that one of the strongest
pieces of evidence supporting the proof of an armed robbery is a videotape
of the crime, given that there are inherent weaknesses of an eye witness's
observation of the incident, recollection of the description of the alleged
offender or in overcoming any fear in testifying against the alleged offender,
WHEREAS, the City Council is informed that the installation of video '
surveillance equipment in convenience stores would create a deterrent to
potential armed robbers who would fear any recorded evidence of the crime,
and
WHEREAS, the City Council desires to regulate the installation and
maintenance of video surveillance systems in convenience stores located
within the city of Palm Springs, having under 2500 square feet of indoor
retail space, engaged in, but not necessarily limited to, sales of groceries,
sundries, household items, or beer, wine or other alcoholic beverages.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . There is hereby established a new Chapter 5.03 of the Palm
Springs Municipal Code which will provide, in its entirety, as follows:
Chapter 5.03
CONVENIENCE STORE VIDEO SURVEILLANCE REQUIREMENTS
Sections: R '
5.03.010 Convenience store defined.
5.03.020 Requirements.
5.03.030 Enforcement.
5,03.040 Penalties.
Ord. No. 1561 `
Page 2 /
' 5,03,010 Convenience store defined. For purposes of this chapter:
Convenience store refers to those stores under 2500 square feet of indoor
retail space, engaged in, but not necessarily limited to, sales of groceries,
sundries, household items, beer, wine, or other alcoholic beverages.
5.03.020 Requirements. All businesses defined in 5.03.010 shall be
required to install and maintain video surveillance equipment in accordance
with the listed requirements:
A. A minimum of one camera, directed at the cash register(s)
customer contact counter. Exact placement to be approved by Palm Springs
Police Department detective personnel. The store may install a second
camera to the system; however, the camera must be directed at the primary
entry/exit door.
B. A minimum of one video recorder for the designated camera.
Should the store desire a second camera, the recording may alternate
monitoring between the two police designated cameras but not utilize a split
screen. The recorder must be capable of 74 hours of continuous recording
on a single tape.
C. The store will maintain a supply of at least 14 video tapes with
' each tape numbered in sequence, 1 through 14. The tapes shall record one
24-hour period, be removed, and securely maintained for a period of at least
13 days prior to being reused. A reference log shall be created and
maintained for the purpose of recording the date/time period recorded by
each tape. These tapes shall be made available to any representative of the
Palm Springs Police Department, within 24 hours, upon request. Such tapes
shall be made available for use in evidence against crimes committed at the
location for use in any court or any administrative proceeding regardless of
the party or parties involved.
D. Video surveillance will be conducted at the locations
continuously during business hours, or whenever the public, or store
personnel are present within the store.
5.03.030 Enforcement. The City may elect to enforce compliance
with this Ordinance by taking action in the name of the City in a court of
competent jurisdiction, through prosecution for violation of this Ordinance,
or through injunctive or other civil relief. Each violation of this section shall
constitute a separate offense.
5.02.040. Violations of this chapter shall constitute infractions
' pursuant to Section 1 .01 .140 with the penalties provided by Section
1 .01 .155. A fourth violation of this chapter in any 12-month period shall
constitute grounds for revocation of the business license.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage, provided that for businesses defined in
Section 5.03.010 which are in operation as of the date of approval of this
Ordinance shall not be required to comply with the provisions hereof until
December 31 , 1998.
Ord. No. 1561
Page 3
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed ,
to certify to the passage of this Ordinance, and to cause the same or a
summary thereof, or a display advertisement, duly prepared according to
law, to be published in accordance with law.
ADOPTED this 2ndday of September, 1998.
AYES: Members Barnes, Hodges, Oder, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
REVIEWED & APPROVED AS TO FORM:
Cit torney
I HEREBY CERTIFY that the foregoing Ordinance 1561 was (July adopted
by the City Council of the City of Palm SPrings, California in a
meeting held on the 2nd day of September, 1998, and was published
in the DESERT SUN, a newspaper of general circulation on September
7, 1998.
)YUDITH SUMIC
City Clerk
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