[HISTORY: Adopted by the City Council of the City of Roseville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-2019 by Ord. No. 1309]
This chapter shall be known and be cited as the "Surveillance
Cameras Required for Certain Businesses Ordinance" of the City of
Roseville Code of Ordinances.
The following definitions and provisions shall govern the construction,
meaning, and application of the following words and phrases:
An establishment whose primary function is related to the
custody, loan, exchange, issuance of money, extension of credit or
transmission of funds such as, by example, banks, credit unions, or
savings and loan.
Any business who as a substantial portion of business buys
and sells coins, gold or other precious metals as the term is defined
elsewhere by ordinance.
A business commonly known as offering payday loans, cash
advance, or check advance loans which is regulated under the State
of Michigan Deferred Presentment Services Transaction Act, 244 of
2005, as amended,[1] or any similar state law.
An establishment required to obtain a federal firearms license
to sell firearms which engages in firearms transactions.
A retail establishment at which motor vehicles are refueled.
Any building or structure equipped, used, advertised as,
or held out to the public as a facility or place where sleeping quarters
or other similar accommodations are furnished for a fee to transient
guests.
Any facility licensed by the State of Michigan for the purpose
of growing, dispensing, testing, storing or otherwise having obtained
a license to operate under appropriate State statutes.
Any retailer required to obtain a permit by the State of
Michigan Liquor Control Commission which authorizes the sale of beer,
wine, or distilled spirits to be consumed on or off the premises where
sold inclusive of brew pubs, distilleries, or other similarly licensed
facilities.
Material conforming to the minimum technical standards of
this chapter upon which audio, video and electronic data can be recorded
for the purpose of making a permanent record.
Any retailer of a wireless two-way communication device including
a telephone used in cellular telephone service which represents, along
with accessories related thereto more than 50% of the displayed goods
for retail purchase accessible to or observable by patrons.
A retailer selling or issuing payment instruments, or stored
value devices, or receiving money or monetary value for transmission.
The term does not include the provision solely of delivery online,
or telecommunication services, or network access.
Any residential housing complex consisting of greater than
six units.
A business required to obtain a license issued pursuant to
the Code of Ordinances of the City of Roseville regulating pawnbrokers
or used goods dealers.[2]
A facility or part of a facility that is licensed under this
part to dispense prescription drugs, or prepare prescription drugs
for delivery or distribution, and does not include the office of a
dispensing prescriber, or an automated device.
A person or entity that buys scrap metal and is not a first
purchaser, including but not limited to a person whether or not licensed
under state law or local ordinance that operates a business as a scrap
metal recycler, scrap processer, secondhand and junk dealer, or other
person that purchases any amount of scrap metal on a regular, sporadic,
or one time basis.
A continual digital surveillance system, including cameras,
cabling, monitors, and digital video recorders (DVR) and other related
equipment used in conjunction which records in color with camera and
lens of a type with minimum resolution number and location, meeting
the terms of this article or otherwise as approved by the Chief of
Police or his or her designee. The system must be capable of producing
retrievable and identifiable images and video recordings which can
be enlarged through projection or other means and can make a permanent
record for use and identification of individuals and for use in a
criminal investigation.
Every business establishment as defined in this chapter is required
to install and maintain, in working order, a video surveillance system
compliant with this chapter. Establishments which as of the effective
date of this article have a video surveillance system shall insure
that such system is maintained and, if necessary, upgraded to be in
full compliance with this chapter. All video surveillance systems
shall:
A.
Be maintained in proper working order including prompt repair and/or
replacement.
B.
The video camera shall be sufficiently light sensitive and provide
sufficient image resolution supported by additional lighting if necessary,
to produce easily discernable images recorded at all times, including
imagery sufficient to identify persons.
C.
The video camera shall record at a minimum speed of eight frames
per second.
D.
The video camera images shall be capable of being viewed through
the use of appropriate technology, including, but not limited to,
a computer screen, and a closed circuit television monitor.
E.
The video camera shall be digital in nature and capable of transferring
the recorded images to a portable digital form of media.
F.
The video camera shall be in operation and recording 24 hours a day,
seven days a week.
G.
The recordings made by video camera installed and maintained shall
be indexed by dates and times.
H.
The video camera shall meet additional minimal technological standards
established pursuant to this chapter.
The video system shall be capable of producing imagery allowing
for facial recognition of persons who are in areas accessible to patrons
facing each register or checkout stand, who would be entering each
entrance/exit and shall additionally have a wide angle camera or cameras,
allowing for imagery of the parking lot or an area designated for
parking and the likely pedestrian approach way toward the facility.
At gas stations, all fueling areas shall also have a video system
so that facial recognition is allowed in the fueling areas. Cameras
positioned at the entrance/exit and registers shall be positioned
so as to view and record a full frame of the individual's face
as they are entering the business establishment and, to the extent
practicable, activity within 15 feet around the area of each entrance,
exit, register and checkout area.
If a crime occurs, or any employees of an establishment believe
or suspect a crime has occurred at the establishment premises, the
establishment shall contact the Police Department immediately and
shall provide the Police Department immediate access to media containing
the recorded event. An establishment shall retain the continuous images
recorded by the system for no less than 30 days. The recording shall
be stored in a locked receptacle, preferably located in a controlled
access area to which only authorized persons have access and shall
be secured to restrict access to such video recordings. A log of all
instances of requests for access to and the use of recorded materials
made by video cameras shall be maintained. Copies of the access log
shall be provided to the Police Department upon demand.
The video surveillance system and the location for storage shall
be subject to regular inspection by the Chief of Police or his or
her designee at reasonable times to determine conformance to this
article. If imagery is sought for an incident which is unavailable
for any reason, the video surveillance system shall be subject to
inspection, testing and review by the Police Department to verify
the functionality of the system at the time of the incident. Any failure
to produce an image which otherwise properly should have been recorded
shall be considered a violation of this chapter unless the system
has been under repair for a reasonable length of time. Any failure
to permit an inspection or to timely repair and maintain the video
surveillance system in working order shall be considered a violation
of this chapter.
Minimum technology standards shall be promulgated by the Police
Chief after consultation with the Information Technology Department
which shall be issued and maintained at the Police Department and
made available upon request to business establishments subject to
this article.
A business which is required to install a video surveillance
system may apply to the Chief of Police or his or her designee for
an exemption or an exception from all or a part of the provisions
of this chapter. The Chief of Police and his or her designee may exempt
for a period of time upon a finding that the business has or will
undertake alternate security procedures which are substantially equal
to or more effective preventing criminal activity and in assisting
in the apprehension of perpetrators of crime and for the protection
of employees and patrons. Temporary extensions of time for full compliance
with the installation and maintenance of the video surveillance system
shall be permitted upon a showing of good cause.
The video surveillance system must comply with all City codes
and state and federal codes with respect to the installation and maintenance
of such system.
Any person or business who shall violate any of the provisions
of this article or fails to comply with the court requirements shall
be subject to a civil infraction with a minimum fine of $150 per day
for each day said violation continues to exist. Each day said violation
continues to exist shall constitute a separate and distinctive offense.
