[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 3-1-2016 by Ord. No. 2-2016. Amendments noted where applicable.]
For the purposes of this chapter the following terms shall be defined as follows:
COMMERCIAL ESTABLISHMENT
Shall be an establishment or business predominantly for trade or commercial purposes open to the public for the sale of goods or services, including but not limited to retail businesses and restaurants.
OPERATOR
Shall be the record owner of any commercial establishment.
PUBLIC RESTROOM
Shall be any restroom, locker room, or washroom facility in a commercial establishment.
VIDEO SURVEILLANCE EQUIPMENT
Shall be any independent or networked camera, television or movie camera, camcorder, video recorder, digital video recorder, transmitter, or any other device capable of recording, filming or transmitting visual images.
The operator of any commercial establishment which installs video surveillance equipment in a public restroom located within a commercial establishment shall immediately and conspicuously post and maintain, in the common area of the commercial establishment, on the entry door to the public restroom, and on the interior of the public restroom, written notice disclosing the presence of said video surveillance equipment.
Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $100 per day for each day the violation or noncompliance exists, plus costs for each such violation. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter. Each provision of this chapter which is violated shall be considered a separate violation of this chapter. Such fine shall be in addition to any other fine which may be imposed under the provisions of any other ordinances of the Borough, Pennsylvania law, or federal law. In default of payment of any fine, such persona shall be imprisoned for not more than 30 days.
The rights and remedies of the Borough as prescribed by this chapter or otherwise by law with respect to the units, and the criminal sanctions herein provided, shall be cumulative, and the pursuit of one shall in no way preclude simultaneous or subsequent pursuit of another.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared severable.