HomeMy WebLinkAboutOrd. 1515-2016 ORDINANCE NO, 1515-2016
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE ADDING CHAPTER 8.66 TO THE SOUTH
SAN FRANCISCO MUNICIPAL CODE REQUIRING THE
INSTALLATION OF VIDEO SURVEILLANCE SYSTEMS BY
CERTAIN CATEGORIES OF BUSINESSES IN THE CITY
WHEREAS, the South San Francisco Police Department ("SSFPD") has observed that
certain categories of businesses are more susceptible to criminal activity, necessitating greater
security and deterrence procedures; and
WHEREAS, requiring Video Surveillance Systerns at the site of designated categories of
businesses is a valid exercise of the City of South San Francisco's ("City") police power to
promote the safety and welfare of City residents and visitors; and
WHEREAS, the City desires to adopt an ordinance to require certain categories of
businesses to install Video Surveillance Systems in specified locations ("Ordinance"); and
WHEREAS, the installation of these Video Surveillance Systems will deter crime and
assist law enforcement in investigating criminal activity and apprehending criminal suspects; and
WHEREAS, upon adoption of this Ordinance, all new businesses within the specified
categories will be required to install video surveillance systems prior to issuance of a business
license or a building permit for new construction; and
WHEREAS, upon adoption, existing businesses subject to this Ordinance will have one
(1) year from the effective date of this Ordinance to comply with the requirements of this
Ordinance.
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 8.66 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 8.66 Video Surveillance at Businesses
8.66.010 Findings and Purpose
8.66.020 Definitions
8.66.030 Video Surveillance System Required
8.66.040 Access to Footage
8.66.050 Minimum Technological Standards
8.66.060 Minimum Coverage Standards
8.66-070 Inspections
8.66.080 Enforcement; Civil Penalties; Appeals
8.66.090 Public Nuisance
8.66.100 Exemptions
8.66.010 Findings and Purpose
The City Council finds and determines that:
(a) Requiring certain types of businesses to install and maintain Video Surveillance Systems
on their properties will reduce the potential for criminal activity.
(b) The installation of Video Surveillance Cameras will serve as a crime deterrent and will
assist law enforcement with the investigation of crimes that occur at these businesses.
8.66.020 Definitions
"24-hour Restaurants" means any food service establishment that operates 24 hours a day.
"24-hour Service Stations" means any gas or service station establishment that operates 24 hours
a day.
"Banks and Credit Unions" means an establishment whose primary function is related to the
custody, loan, exchange, issuance of money, extension of credit, or transmission of funds.
"Coin Dealer"means any establishment that buys or sells coins, gold, or other precious metals.
"Convenience Market" means any retail establishment that sells a limited line of groceries,
prepackaged food items, tobacco, magazines, and other, household goods, primarily for off-
premises consumption and typically with long or late hours of operation and in a building that is
less than 5,000 gross square feet. This definition includes small retail stores located on the same
parcel as or operated in conjunction with a service station.
"Delayed Deposit Service Businesses" means an establishment that, for compensation, engages,
in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose,
"Enforcement Officials" means the investigating and enforcing officials of the City of South San
Francisco, including, but not limited to, the Police Department, Fire Department, and Code
Enforcement Division.
"Footage" means the media captured by a Video Surveillance Camera.
"Firearms Sales" means an establishment that is required to obtain a federal firearms permit to
sell firearms, or an establishment engaged in the selling, dealing in, trading, or transferring of
firearms.
"Hotels and Motels" means an establishment providing overnight lodging to transient patrons.
These establishments may provide additional services, such as conference and meeting rooms,
restaurants, bars, or recreation facilities available to guests or to the general public. This
definition includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but
does not include rooming houses, boarding houses, private residential clubs, or bed and breakfast
establishments within a single-unit residence.
"Mobile Communications Retailers" means any establishment that is engaged in the sale of
cellular or mobile communication devices and services.
"Money Transmission Services" means any establishment receiving money to transmit money to
another location by any means, including wire, facsimile, electronic transfer, or payment
instrument, and that is required to obtain a license to operate a money transmission service.
"Off-Sale Liquor Establishments" means any establishment required to have a license from the
Department of Alcoholic Beverage Control whose primary purpose is the sale of alcohol to be
consumed off premises.
"On-Sale Liquor Establishments" means any establishment that sells alcohol to be consumed on
premises, is required to have a license from the Alcoholic Beverage Control, and the
establishment is open beyond 10:00 p.m.
"Pawnbroker" means an establishment required to obtain a license issued by the State of
California, Department of Justice, pursuant to Business and Professions Code section 21640, or
any applicable successor statute.
"Pharmacies" means any establishment 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,
"Restaurant, Limited Service" means an establishment where food and beverages may be
consumed on the premises, taken out, or delivered, but where no table service is provided. This
definition includes cafeterias, fast-food restaurants, carryout sandwich shops, limited service
pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants.
"Scrap Metal Dealers" means an establishment at a fixed or mobile location that is engaged in
one of the following activities:
(1) Buying, selling, procuring, collecting, gathering, soliciting, or dealing in scrap metal.
(2) Operating, managing, or maintaining a scrap metal yard.
"Self-storage Facilities" means real property designed and used for the purpose of renting or
leasing individual storage space to occupants who are to have access to the space for the purpose
of storing and removing personal property or for storing individual storage containers provided
to occupants who have exclusive use of the container for the purpose of storing and removing
personal property, whether or not the individual storage containers are transported.
"Vehicle Sales or Rentals" means an establishment where vehicles are either sold, leased, or
rented via currency, credit, or other means.
"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 meets the minimum technological standards listed in this
Ordinance.
8.66.030 Video Surveillance System Required
Every business establishment, as defined by this chapter, is hereby required to install and
maintain a Video Surveillance System in accordance with this chapter. All businesses with a
Video Surveillance System installed prior to the effective date of this ordinance are required to
ensure the Video Surveillance System is in full compliance with this chapter. Video
Surveillance Systems shall be maintained in proper working order at all times and shall be in
operation 24 hours a day, 7 days a week, and shall meet the minimum technological standards
established in this chapter.
8.66.040 Access to Footage
The Video Surveillance System footage shall be retained by the business owner for a period of
no less than thirty (30) days. The footage shall be made available to the South San Francisco
Police Department via consent of the business owner, as a result of exigent circumstances, or by
means of a search warrant.
8.66.050 Minimum Technological Standards
Video Surveillance Systems installed pursuant to this chapter must meet all of the minimum
technological standards outlined below:
L One dedicated channel for each camera in operation.
2. The Video Surveillance System and cameras shall be Internet Protocol (IP) or Analog
High Definition and shall record in color.
3. The Video Surveillance System shall have enough storage to retain data from all cameras
for a period of thirty (30) days and have a monitor no smaller than fifteen (15) diagonal
inches for viewing of the images.
4. The Video Surveillance System shall have the ability to view and record at the same time,
time and date stamp recorded images, and shall be placed in a looked and secured
location to prevent destruction or tampering.
5. Each camera shall have a clear and unobstructed view of the desired coverage area.
6. Each Video Surveillance System shall have a dedicated power source to prevent
intentional or accidental deactivation.
7. Video Surveillance Systems shall be maintained in good working condition.
8.66.060 Minimum Coverage Standards
a) Every Video Surveillance System shall have separate Cameras dedicated to each sales
counter/check-out stand and each entrance and exit of the business establishment. If the
business does not have any dedicated sales counter/check-out stands, the Camera must be
placed in a location that records the areas accessible by customers of that business. The
Cameras shall be placed in locations that allow a clear, unobstructed view of the desired
locations and shall be periodically evaluated to ensure compliance.
b) Every Hotel and Motel, 24-hour Restaurant, 24-hour Service Station, and Self-Storage
Facility, as defined in this chapter, are additionally required to install Video Surveillance
Cameras in their parking lots. The Video Surveillance Cameras in these parking lots
shall be placed in locations that allow a clear, unobstructed view of the activity within the
parking lot. If the described businesses have more than one parking lot, separated by a
structure or by general design, then each parking lot shall have its own dedicated Camera.
Every Hotel and Motel, 24-hour Restaurant, 24-hour Service Station, and Self-Storage
Facility shall also have a Camera at each entrance/exit of the parking lot to record the
vehicles and/or pedestrians that enter or exit the property.
8.66.070 Inspections
Video Surveillance Systems shall be subject to regular inspection by the Chief of Police, or
his/her designee, or by the Fire Chief, or his/her designee, who is authorized to inspect, at
reasonable times, any Video Surveillance System to determine if the system complies with this
chapter. If a Video Surveillance System does not meet the minimum requirements of this
Ordinance, the business establishment subject to this chapter must take immediate steps to bring
the system into conformance with the provisions of this chapter.
8.66.080 Enforcement; Civil Penalties; Appeals
(a) Existing Businesses. Business establishments subject to the mandatory requirements of
this chapter that are in operation as of the effective date of this Ordinance shall have one (1) year
from the effective date of this Ordinance to comply with the regulations set forth in this chapter.
(b) New Businesses. All new business establishments subject to the mandatory requirements
of this chapter that begin operations after the effective date of this chapter must provide proof of
compliance with the regulations set forth in this chapter within thirty (30) days of the issuance of
any business license or building permit for new construction,
(c) Notice of Violation. The violation of any provision of this chapter by any owner or
principal operator of a business establishment subject to this chapter shall result in a Notice of
Violation from the Enforcement Officials. The Enforcement Officials are authorized to
investigate all alleged violations. Violators shall have thirty (30) days after receipt of the Notice
of Violation to provide proof of compliance to the Enforcement Officials. If the violation
continues after the 30-day period, the Enforcement Officials may issue a citation against the
violator imposing a fine in an amount not to exceed five hundred dollars ($500).
(d) Fine Procedures. Notice of the fine shall be served by certified mail identifying the legal
violation and supporting facts. The notice shall contain an advisement of the right to file an
appeal with the City Manager, or his or her designee, contesting the imposition of the fine by
completing a request for an appeal hearing and returning it to the City within fifteen (15) days
from the date of the fine notice together with an advanced deposit in the total amount of the
penalties assessed. A request for heating form may be obtained from the department specified on
the notice of the fine. In the following subsections pertaining to appeals, all references to City
Manager also include his or her designee,
(e) Advance Deposit— Hardship Waiver. No appeal shall proceed without payment of the
advance deposit of the fine owed at the time the appeal is filed; provided that the City Manager
may waive or defer the advance deposit requirement upon notice that a request for an advance
deposit hardship waiver has been filed. The request for a waiver shall be filed with the finance
department on an advance deposit hardship waiver application form, available from. the finance
department, within ten days of the date of the administrative fine notice. The requirement of
depositing the fall amount of the fine shall be stayed unless or until the Finance Director makes a
determination not to issue the advance deposit hardship waiver. The Finance Director may waive
the requirement of an advance deposit only if the cited party submits to the Finance Director a
sworn affidavit, together with any supporting documents or materials, demonstrating to the
satisfaction of the Finance Director the person's actual financial inability to deposit with the City
the fall amount of the fine in advance of the hearing. If the Finance Director decides not to issue
an advance deposit hardship waiver, the person shall remit the deposit to the City within ten (10)
days of that decision.
(f) If the City Manager finds that no violation occurred, that the violation was corrected
within the specified time period, or that the person cited is not the responsible party, the City
Manager may issue an administrative order to reflect those facts, and the City shall refund the
amount of the deposited fine within fifteen (15) days from the determination.
(g) Failure to timely submit a completed request for hearing form or to pay the advance
deposit of any penalties constitutes a waiver of the night to appeal and a failure to exhaust
administrative remedies.
(h) Penalty Stayed During Appeal. Enforcement of fine shall be stayed during the pendency
of an appeal there from which is properly and timely filed, unless the City obtains an order from
a court of competent jurisdiction requiring or authorizing the abatement of the condition that is
the subject of the City's enforcement efforts.
(i) Appeal Hearings. An appeal hearing based on a request for hearing contesting the
imposition of a fine shall be set for a date not less than ten (10) days nor more than sixty (60)
days from the date the request for hearing form is filed unless the City Manager, or his or her
designee, determines that the matter is urgent or that good cause exists for an extension of time,
in which case the hearing date may be shortened or extended, as warranted by the circumstances.
(1) A hearing under authority of this section shall be conducted according to the
procedures set forth herein. The failure of the responsible party or other interested party to
appear at the hearing following proper notice shall constitute a waiver of the right to be heard
and a failure by such party to exhaust his or her administrative remedies.
(2) When a request for hearing is filed, the City Manager, or his or her designee, shall
set the time and place for hearing pursuant to this subsection (i), and shall serve a notice of
hearing either personally or by U.S. mail, first-class postage prepaid, to the appellant at the
address provided in the request for hearing fonn. The time for such hearing shall be no sooner
than ten (10) days from the date of service of the notice of hearing.
(3) At the place and time set forth in the notice of hearing, the City Manager, or his or
her designee, shall conduct a hearing on the alleged violations. Any responsible party or other
interested person(s) may appear and offer evidence as to whether a violation has occurred and/or
whether the violation continues to exist, whether the person cited is the responsible party for any
such violation, whether a penalty or the amount of a penalty is warranted, or any other matter
pertaining thereto. Evidence presented by the Enforcement Official or other official of the City
tending to show that a violation occurred and that the person named on the fine notice is the
responsible party shall establish a prima facie case that a violation, as charged, actually existed
and that the person named in the fine notice is the responsible party for the violation. The burden
of proof shall then be on the responsible party to refute such evidence. The standard to be applied
for meeting such burden shall be a preponderance of evidence.
(4) The City Manager, or his or her designee, shall consider written or oral testimony
or other evidence regarding the violation presented by the responsible party, the owner, the
occupant, any officer, employee, or agent of the City, and any other interested party. Evidence
offered during a hearing must be credible and relevant, but formal rules governing the
presentation and consideration of evidence shall not apply.
(5) The City Manager, or his or her designee, shall conduct the hearing, order the
presentation of evidence, and make any rulings necessary to address procedural issues presented
during the course of the hearing.
Decision of City Manager and Issuance of Notice of Decision. After receiving all of the
evidence presented, the City Manager, or his or her designee, may then deliberate and consider
or may adjourn the hearing and take matters under consideration. Within ten (10) days following
the conclusion of the hearing, the City Manager, or his or her designee, shall make a decision
regarding the issues presented during the course of the hearing, and the decision shall be based
on a preponderance of the evidence. The City Manager, or his or her designee, may sustain the
fine, overrule the fine, suspend the fine in accordance with the procedure outlined below, or
decrease the amount of the fine.
(1) The City Manager, in his or her discretion, may suspend the imposition of the
applicable fine for a period of time not to exceed sixty (60) days during which the responsible
party has demonstrated a willingness to correct the violations listed in the fine notice or under
any other circumstances that would justify a suspension of the fine.
(2) After making a decision, the City Manager shall issue a Notice of Decision to the
responsible party, either personally or by U.S. mail, first-class postage prepaid, at the address
provided in the request for hearing form. The decision will constitute a final administrative order
with no additional administrative right of appeal.
(k) Failure to Pam.. If said fine is not paid within thirty (30) days from the date appearing
on the notice of the fine or on the notice of decision from the City Manager, the fine may be
referred to a collection agency within or external to the City.
8.66.090 Public Nuisance
It shall be unlawful and declared a public nuisance for a business subject to this chapter to be
operated, conducted, or maintained contrary to the provisions of this chapter. The City may
exercise its discretion, in addition to all other remedies available in this chapter or under the law,
to commence proceedings for an abatement of a public nuisance.
8.66.100 Exemptions
A business which is otherwise required by this chapter to install a Video Surveillance System
may apply 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 from the requirements
of this chapter if he/she finds that the business has already undertaken 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, and/or for the
protection of employees. Should an exemption be granted, the Chief of Police, or his/her
designee, reserves the right to revoke the exemption should the business's practices change from
the practices listed in the exemption application.
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 full 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 16"' 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 131' day of April, 2016,by the following vote:
AYES: Councilmembers liar Matsumoto.....Richard Garbarino and Liza Normandy,
Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT- None
ATTEST: /I
3/istq&ariineiyCity Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this 131` day of April, 2016.
Mark Additego, Mayor