HomeMy WebLinkAboutOrd. 1516-2016 ORDINANCE NO. 1516-2016
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE ADDING CHAPTER 8.65 TO THE SOUTH
SAN FRANCISCO MUNICIPAL CODE PERTAINING TO THE
INSTALLATION AND USE OF VIDEO SURVEILLANCE
SYSTEMS ON CITY OF SOUTH SAN FRANCISCO
PROPERTY
WHEREAS, the health, safety, and welfare of City of South San Francisco ("City")
employees and the general public while in public facilities or on City property is a vital and
pressing concern for the City; and
WHEREAS, the City expends significant public funds remedying vandalism and
removing graffiti from public parks and public facilities; and
WHEREAS, installing video surveillance cameras in public facilities and public parks
will allow the City to better secure these areas, prevent vandalism, protect City employees and
the general public, and aid in the investigation of suspected criminal activity.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION 1. Amendments
The City Council hereby adds Chapter 8.65 to the South San Francisco Municipal Code
to read as follows. Sections and subsections that are not amended by this Ordinance are not
included below, and shall remain in full force and effect.
Chapter 8.65 Video Surveillance on City Property
8.65.010 Findings and Purpose
8.65.020 Definitions
8.65.030 Location and Placement of Video Surveillance Cameras on City Property
8.65.040 Access to Footage
8.65.010 Findings and Purpose
The City Council finds and determines that:
(a) In order to enhance security and address criminal activity on City property, including in
public parks, public parking lots, and City facilities, the City seeks to install Video Surveillance
Cameras at the locations outlined in this chapter.
(b) The installation of Video Surveillance Cameras at City facilities will serve as a crime
deterrent and assist law enforcement with the investigation of crimes that occur at these public
facilities, further protecting the health, safety, and welfare of City employees and the general
public, and preventing the destruction of City property.
8.65.020 Definitions
"Authorized Personnel" means those individuals holding City positions whom the City Manager,
or his or her designee, authorizes to access the Footage captured by Video Surveillance Cameras
on City property.
"Footage" means the media captured by a Video Surveillance Camera.
"Open to the public" means any area on City property where the public is allowed to be present
and may move unfettered, including, but not limited to, City parks, City parking lots, and any
areas of City facilities that provide direct services to the public, such as the building or permit
counters.
"Review Period" means the timeframe whereby the South San Francisco Police Department
("SSFPD") may review Footage from any City-owned Video Surveillance Camera or Video
Surveillance System to determine if the Footage is needed for a criminal investigation.
"Video Surveillance Camera" or "Camera" means an electronic piece of equipment used to
capture high-quality moving images of the environment and activity in the area it observes.
"Video Surveillance System" as used in this chapter, means a continuously recording system of
Video Surveillance Cameras that may be installed on City property to record activity at that
location.
8.65.030 Location and Placement of Video Surveillance Cameras on City Property
(a) Where Cameras may be located. The City may install Video Surveillance Cameras in any
location on City property that is open to the public. The City shall install signage notifying the
public that Video Surveillance Cameras are in use in those areas where Cameras are installed
pursuant to this chapter.
(b) Where Cameras may not be located. The City may not install Video Surveillance
Cameras inside any restrooms, locker rooms, or any locations on City property that are not open
to the public, unless the installation of a Video Surveillance Camera in an area not open to the
public is both- (1) necessary for security purposes, and (2) approved by the City Manager, in
writing, prior to installation of the Camera.
8.65.040 Access to Footage
(a) Authorized Personnel. Only Authorized Personnel, as designated by the City Manager,
or his or her designee, may view the Footage captured by the Video Surveillance Cameras and
Video Surveillance Systems installed pursuant to this chapter.
(b) Authorized Purposes. Authorized Personnel may only view the Footage for one or more
of the following authorized purposes:
(1) Conducting investigations pertaining to suspected criminal activity;
(2) Compliance with a subpoena, court order, or operation of law;
(3) Maintenance of the City's Video Surveillance System;
(4) Protecting public property; or
(5) Protecting the health, welfare, or safety of City employees and the general public.
(c) Access Log. The City's Information Technology ("IT") Department shall control and
maintain all Footage in a secure area. The City's IT Department shall also maintain a log of all
Authorized Personnel who access any Footage. This log shall include, at minimum, the
accessor's name, description of the Footage accessed, the purpose or purposes for access, and the
date and time of access.
(d) Two-week Review Period. After a fourteen (14) day Review Period for investigatory
purposes by the SSFPD, commencing on the date the Footage was captured, any non-exempt
portions of the Footage may be released pursuant to the requirements of the California Public
Records Act (Government Code sections 6250 et seq.).
(e) Retention of Footage. All Footage captured by Video Surveillance Cameras installed
pursuant to this chapter will be retained by the City for one (1) year.
SECTION 2. Severability
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances, shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall: (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall: (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the fall text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco
held the 16th day of March, 2016.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 13th day of April, 2016,by the following vote:
AYES: Councilmembers Daryl Matsumoto, Richard A. Garbarino, and Liza Normandy
Vice Mayor Pradepp Gupta and Mayor Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: None
ATT�ST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this 13th day of April, 2016.
Mark Addiego, Mayor