City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Yonkers 10-28-2014 by G.O. No. 11-2014. Amendments noted where applicable.]
It shall be required that the following business establishments: businesses that are licensed to sell alcohol by the State of New York to the public for consumption, either on or off premises; businesses whose premises are regularly open to the public for any amount of time between the hours of 12:00 midnight and 4:00 a.m.; check-cashing businesses; licensed secondhand dealers that buy and sell precious metals; pharmacies that are licensed by the State of New York; and pawn shops that are licensed by the City of Yonkers (hereinafter collectively referred to in this chapter as "businesses") install and maintain a video camera system (hereinafter referred to as "system") that conforms with the following requirements:
A. 
The video cameras shall be installed at or near each and every entrance or exit regularly used by customers or employees. Said cameras shall be positioned so as to view and record a full frame of the individual's face as he/she is entering and/or exiting the business establishment, and to the extent practicable, activity within 15 feet of the area around each entrance or exit.
B. 
The video cameras shall be sufficiently light sensitive and provide sufficient image resolution (supported by additional lighting if necessary) to produce easily discernible and accurate facial images recorded at all times.
C. 
The video camera shall record at a minimum speed of eight frames per second.
D. 
The video cameras images shall be capable of being viewed through use of appropriate technology, including but not limited to a computer screen or closed-circuit television monitor.
E. 
The video recorder shall be digital in nature and be capable of transferring the recorded images to a portable, digital form of media.
F. 
The video cameras are not required to have audio capability.
G. 
The video cameras shall be maintained in good working condition.
H. 
The video cameras shall be in operation and recording during all hours of operation of the business and for two hours after the business closes.
I. 
The recordings made by video cameras installed and maintained pursuant to this section shall be indexed by dates and times.
The businesses subject to the provisions of this chapter must comply with the following requirements in relation to the preservation of the recordings, storage of the system, availability of recordings, dissemination of recordings, inspection of systems and certification of compliance:
A. 
The recordings made by video cameras installed and maintained pursuant to this chapter must be preserved for a minimum of 30 days.
B. 
The recordings made by video cameras installed and maintained pursuant to this chapter must be made available to the City of Yonkers Police Department for purposes of an official investigation or when approved by the Police Commissioner or his/her designee.
C. 
The recordings must be turned over to the City of Yonkers Police Department upon its demand while the business is open and/or as soon as possible if the business is closed.
D. 
All recordings made by video cameras installed and maintained pursuant to this chapter while in possession of the business shall be stored in a locked receptacle, preferably located in a controlled access area, to which only authorized personnel may have access, or shall otherwise be secured so that only authorized personnel may access such video recordings.
E. 
The establishment shall keep a log of all instances of requests for, access to, dissemination and use of recorded materials made by video cameras installed and maintained pursuant to this chapter. Copies of the access log shall be provided to the City of Yonkers Police Department upon demand.
F. 
The video camera system must be available to the City of Yonkers Building Department and Police Department for inspection at all times, during such time that the business is open to the public, to ensure compliance with the requirements set forth in this chapter.
G. 
Each business establishment subject to the provisions of this chapter shall submit a certification report to the Police Department, on a form prescribed by said department, by January 31 of each year. The report shall certify that the business has complied with this chapter.
The businesses subject to the provisions of this chapter must comply with the New York State Uniform Fire Prevention and Building Code and the rules and regulations promulgated thereunder and the Code of the City of Yonkers when installing and maintaining the video camera system.
In the event the business demonstrates a good reason why it cannot meet the date set for obtaining a video camera system, the Police Commissioner, or his/her designee, may for such good reason stated grant one extension of time to comply with this chapter, such time not to exceed six months.
The violation of any provision of this chapter shall be a Class III offense except that any violation of § 84-2A, B, C, D and E shall be a Class I offense.