The city council finds and determines that:
(a) Requiring
certain types of businesses to install and maintain video surveillance
systems on their properties will reduce the potential for criminal
activity.
(b) The
installation of video surveillance cameras will serve as a crime deterrent
and will assist law enforcement with the investigation of crimes that
occur at these businesses.
(Ord. 1515 § 1, 2016)
“Banks and credit unions”
means an establishment whose primary function is related
to the custody, loan, exchange, issuance of money, extension of credit,
or transmission of funds.
“Coin dealer”
means any establishment that buys or sells coins, gold, or
other precious metals.
“Convenience market”
means any retail establishment that sells a limited line
of groceries, prepackaged food items, tobacco, magazines, and other
household goods, primarily for off-premises consumption and typically
with long or late hours of operation and in a building that is less
than five thousand gross square feet. This definition includes small
retail stores located on the same parcel as or operated in conjunction
with a service station.
“Delayed deposit service businesses”
means an establishment that, for compensation, engages, in
whole or in part, in the business of cashing checks, warrants, drafts,
money orders, or other commercial paper serving the same purpose.
“Enforcement officials”
means the investigating and enforcing officials of the city
of South San Francisco, including, but not limited to, the police
department, fire department, and code enforcement division.
“Firearms sales”
means an establishment that is required to obtain a federal
firearms permit to sell firearms, or an establishment engaged in the
selling, dealing in, trading, or transferring of firearms.
“Footage”
means the media captured by a video surveillance camera.
“Hotels and motels”
means an establishment providing overnight lodging to transient
patrons. These establishments may provide additional services, such
as conference and meeting rooms, restaurants, bars, or recreation
facilities available to guests or to the general public. This definition
includes motor lodges, motels, hostels, extended-stay hotels, and
tourist courts, but does not include rooming houses, boarding houses,
private residential clubs, or bed and breakfast establishments within
a single-unit residence.
“Money transmission services”
means any establishment receiving money to transmit money
to another location by any means, including wire, facsimile, electronic
transfer, or payment instrument, and that is required to obtain a
license to operate a money transmission service.
“Off-sale liquor establishments”
means any establishment required to have a license from the
Department of Alcoholic Beverage Control whose primary purpose is
the sale of alcohol to be consumed off-premises.
“On-sale liquor establishments”
means any establishment that sells alcohol to be consumed
on premises, is required to have a license from the Department of
Alcoholic Beverage Control, and the establishment is open beyond ten
p.m.
“Pawnbroker”
means an establishment required to obtain a license issued
by the State of California, Department of Justice, pursuant to Business
and Professions Code Section 21640, or any applicable successor statute.
“Pharmacies”
means any establishment where prescription drugs are compounded,
dispensed, or sold by a pharmacist and where prescription drug orders
are received or processed in accordance with the pharmacy laws.
“Restaurant, limited service”
means an establishment where food and beverages may be consumed
on the premises, taken out, or delivered, but where no table service
is provided. This definition includes cafeterias, fast-food restaurants,
carryout sandwich shops, limited service pizza parlors and delivery
shops, self-service restaurants, snack bars, and takeout restaurants.
“Scrap metal dealers”
means an establishment at a fixed or mobile location that
is engaged in one of the following activities:
(1)
Buying, selling, procuring, collecting, gathering, soliciting,
or dealing in scrap metal.
(2)
Operating, managing, or maintaining a scrap metal yard.
“Self-storage facilities”
means real property designed and used for the purpose of
renting or leasing individual storage space to occupants who are to
have access to the space for the purpose of storing and removing personal
property or for storing individual storage containers provided to
occupants who have exclusive use of the container for the purpose
of storing and removing personal property, whether or not the individual
storage containers are transported.
“Vehicle sales or rentals”
means an establishment where vehicles are either sold, leased,
or rented via currency, credit, or other means.
“Video surveillance system”
as used in this chapter, means a continuously recording system
of video surveillance cameras that meets the minimum technological
standards listed in this chapter.
(Ord. 1515 § 1, 2016)
Every business establishment, as defined by this chapter, is
hereby required to install and maintain a video surveillance system
in accordance with this chapter. All businesses with a video surveillance
system installed prior to the effective date of the ordinance codified
in this chapter are required to ensure the video surveillance system
is in full compliance with this chapter. Video surveillance systems
shall be maintained in proper working order at all times and shall
be in operation twenty-four hours a day, seven days a week, and shall
meet the minimum technological standards established in this chapter.
(Ord. 1515 § 1, 2016)
The video surveillance system footage shall be retained by the
business owner for a period of no less than thirty days. The footage
shall be made available to the South San Francisco police department
via consent of the business owner, as a result of exigent circumstances,
or by means of a search warrant.
(Ord. 1515 § 1, 2016)
Video surveillance systems installed pursuant to this chapter
must meet all of the minimum technological standards outlined below:
(a) One
dedicated channel for each camera in operation.
(b) The
video surveillance system and cameras shall be Internet Protocol (IP)
or analog high definition and shall record in color.
(c) The
video surveillance system shall have enough storage to retain data
from all cameras for a period of thirty days and have a monitor no
smaller than fifteen diagonal inches for viewing of the images.
(d) The
video surveillance system shall have the ability to view and record
at the same time, time and date stamp recorded images, and shall be
placed in a locked and secured location to prevent destruction or
tampering.
(e) Each
camera shall have a clear and unobstructed view of the desired coverage
area.
(f) Each
video surveillance system shall have a dedicated power source to prevent
intentional or accidental deactivation.
(g) Video
surveillance systems shall be maintained in good working condition.
(Ord. 1515 § 1, 2016)
Video surveillance systems shall be subject to regular inspection
by the chief of police, or designee, or by the fire chief, or designee,
who is authorized to inspect, at reasonable times, any video surveillance
system to determine if the system complies with this chapter. If a
video surveillance system does not meet the minimum requirements of
this chapter, the business establishment subject to this chapter must
take immediate steps to bring the system into conformance with the
provisions of this chapter.
(Ord. 1515 § 1, 2016)
It is unlawful and declared a public nuisance for a business
subject to this chapter to be operated, conducted, or maintained contrary
to the provisions of this chapter. The city may exercise its discretion,
in addition to all other remedies available in this chapter or under
the law, to commence proceedings for an abatement of a public nuisance.
(Ord. 1515 § 1, 2016)
A business which is otherwise required by this chapter to install
a video surveillance system may apply to the chief of police, or designee,
for exemption from the provisions of this chapter. The chief of police,
or designee, may exempt a business from the requirements of this chapter
if he or she finds that the business has already undertaken or will
undertake alternative security procedures which are substantially
equal to or more effective in preventing criminal activity and in
assisting in the apprehension of the perpetrators of crime, and/or
for the protection of employees. Should an exemption be granted, the
chief of police, or designee, reserves the right to revoke the exemption
should the business’s practices change from the practices listed
in the exemption application.
(Ord. 1515 § 1, 2016)