[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.
