[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. 017, Series 2007 (Title 9, Part VI, Ch. 9.63, of the 1979 Code).
Amendments noted where applicable.]
A.
Purpose and intent. To provide for the implementation and use of
digital security imaging systems (DSIS) that monitor the exterior
and interior spaces and areas of certain commercial establishments.
The DSIS will afford the opportunity for public safety departments
(e.g., Police and Fire Department) to visually examine certain commercial
establishments and will provide emergency response personnel with
a visual assessment of an emergency situation in advance of arrival.
The advanced visual assessment may pertain to a person(s) (personal
identification), a location (scene identification), and/or a situation
(action identification) in emergency situations.
1.
While
it is anticipated that the implementation and usage of DSIS will greatly
aid law enforcement agencies in subsequent criminal investigations
and prosecutions, it is recognized that DSIS alone cannot provide
for or be solely relied upon to produce positive personal, action
or scene identification.
2.
Furthermore,
it is recognized that since there is no Village requirement that these
systems be actively monitored, it cannot be expected that these systems
will, on their own, provide a safer or more secure environment, nor
are they a substitute for other security measures.
3.
It
is also the intent of this chapter to attain commercial and industrial
establishments of sustained desirability and economic stability, and
to avoid unreasonable adverse effects to the property values of the
surrounding properties and surrounding neighborhoods, and to maintain
and promote the public health, safety and welfare of the Village.
B.
COMMERCIAL ESTABLISHMENTS
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Shall not include uses of an industrial or residential nature.
A.
It shall be the responsibility of the following property owners and
any/all successors in interest or ownership of the properties to provide,
install and maintain in good working order the interior and exterior
DSIS. The property owner shall furnish to the Chief of Police documentation
that describes the system, specifications and the name of the vendor
that installed the product.
2.
All commercial uses that are open for business in excess of 20 hours
a day will be required to install a remote access DSIS system with
a panic button activation feature that will allow remote access viewing
of the internal surveillance system to public safety personnel.
3.
All commercial uses that sell, manufacture or repair firearms will
be required to install a remote access DSIS system with a panic button
activation feature that will allow remote access viewing of the internal
surveillance system to public safety personnel.
B.
Date of compliance.
1.
All new commercial uses or buildings that require DSIS systems, as set forth above, shall comply with the plan submittal requirements of § 9.63.060 of this chapter.
2.
All existing commercial uses or buildings that require DSIS systems, as set forth above, shall comply with the plan submittal requirements of § 9.63.060 when there is a change in ownership. For tenancy changes or increase in total area (square footage) in multitenant or individual commercial use buildings, the affected individual tenant space must comply
A.
Such systems shall provide for complete surveillance of all building
entrances and exits, loading docks and parking lots within the development.
Parking lot surveillance must be capable of monitoring and capturing
all activities within 300 feet of the building.
B.
Such systems shall function continuously or have an effective distance
motion detection with two-second pre-record, whether the businesses
are open or closed, and shall provide visible surveillance to the
above-described areas during hours of darkness.
C.
Such systems within such developments shall provide and maintain
a centrally located security room that will be accessible and used
by the Village departments responsible for public safety. Access to
these spaces shall be in cooperation with the retailer, tenant or
property owner.
D.
All digital video recorded by such system shall be archived for a
period of not less than 14 days and shall be available to the Village
for public safety purposes.
E.
Such systems will provide interior cameras that will, at minimum,
monitor and record all areas of cash transactions with the public.
This includes, but is not limited to, all cash registers and service
desks.
Equipment deployed under this chapter shall be in compliance
with specifications that are approved by the Police Department.
If the development consists of multiple buildings, tenant spaces
and/or phases, the DSIS shall be installed and fully operational upon
receipt of the occupancy permit of each building, tenant and/or phase.
The adequacy of the implementation of the DSIS minimum standards for
each building, tenant and/or phase shall be determined by the Village
Police Department.
A.
For developments that qualify under § 9.63.020, the DSIS shall be a component of any required Village site and/or operational plan application. Upon application, the applicant/property owner shall provide to the Village seven sets of DSIS plans, which shall clearly depict the location of all proposed cameras and hardware as well as the location of the security room. The DSIS portion of the submittal shall also include a written narrative explaining in detail the required DSIS. If a site and/or operational plan is not required, the property owner must provide the DSIS plan prior to obtaining an occupancy permit.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
In the event that an existing DSIS system becomes nonoperational
or incompatible with the Police Department for any reason, or there
is a violation of any term or condition of this chapter, the Police
Department shall provide the owner with a fifteen-day written notice
of same and opportunity to cure. In the event that the system is not
repaired within the time allowed in the notice, the owner shall be
deemed in violation of this section. Any owner who shall violate this
chapter shall, upon conviction thereof, forfeit not less than $100
nor more than $300, together with the costs of prosecution. Each day
a violation exists or continues shall constitute a separate offense.