Number
050287
Version
ORIGINAL
Reference
Sponsor
ALD. MURPHY, BAUMAN, DONOVAN, D'AMATO, DUDZIK, DAVIS, WITKOWSKI, PUENTE and WADE
Title
An ordinance relating to use of digital security cameras in convenience food stores and other retail establishments.
Sections
68-4.3-2-e-0 am
68-4.3-2-e-2 am
68-4.3-2-e-3 am
105-91 cr
Analysis
This ordinance requires that digital security cameras and video recorders be installed and maintained at convenience food stores instead of analog security cameras and magnetic tape video recorders.
In addition, this ordinance provides that owners of retail establishments at which 3 or more crimes have occurred during a one-year period may be required by the chief of police to install digital security cameras.
This ordinance takes effect one year from the date of passage and publication.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-4.3-2-e-0, e-2 and 3 of the code is amended to read:
68-4.3. Convenience Food Stores.
2. REGULATIONS.
e. Install, maintain in proper working order and operate during all hours the store is open to customers a security camera which can produce [[a retrieval image on film or tape]]>>reproducible digital color images<<.
e-2. If a time-lapse [[videorecorder]]>>digital video recorder<< is operated, recorded images shall not be recorded at a slower rate than 24 hours.
e-3. Recorded [[tapes]]>>digital image files<< shall be kept for a minimum of 72 hours.
Part 2. Section 105-91 of the code is created to read:
105-91. Retail Establishment Security Measures.
1. FINDINGS. The common council finds that any retail establishment, that has generated 3 or more calls for police service for criminal activities within a one-year period, may be required to install a security camera to help insure the safety and welfare of the people of the city of Milwaukee.
2. DEFINITION. For the purposes of this section, "retail establishment" means an establishment providing retail sale of new products to the public and rendering services incidental to the sale of such products, including, but not limited to, sale of: art supplies and picture frames, art works, auto parts, baked goods, bicycles, books, newspapers and magazines, collectibles, dry goods, notions and novelties, flowers and plants, food and beverages, furniture and floor coverings, hardware, hobbies, toys and games, household goods, jewelry, luggage, major appliances, music, records, compact discs and tapes, paint and wallpaper, pets, pharmaceutical products, photo equipment and processing, sewing apparatus, sporting goods, stationery, tobacco products and wearing apparel. This term includes, but is not limited to, a grocery store, specialty food store, antique store, liquor store, butcher shop, delicatessen, portrait studio, furniture or appliance rental establishment or video rental or sales business, adult book store, lumber yard, building supply or home improvement center, garden center or secondhand store.
3. PROCEDURE. Whenever the chief of police determines 3 or more crimes, as defined in s. 939.12, Wis. Stats., have occurred at a retail establishment on separate days within a one-year period, the chief of police may notify the premises owner in writing that the owner is required to install a security camera to the standard set forth in s. 68-4.3. The premises owner shall have 60 days from the date of notification to install a security camera. This notice shall be deemed to be properly delivered if sent either by first class mail to the premises owner's last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the premises owner's usual place of abode in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first class mail to the last known address of the owner as identified by records of the commissioner of assessments. This notice shall contain:
a. The street address or legal description sufficient for identification of the premises.
b. A description of the crimes that have occurred at the premises.
c. A statement that the premises owner may within 10 days of the date of the service of the notice may appeal to the chief of police.
d. A notice of the premises owner's further right to appeal pursuant to sub. 4.
4. APPEAL. Appeal of the determination of the chief of police pursuant to sub. 3 may be submitted to the administrative review appeals board as provided by s. 320-11. The administrative review appeals board may extend the installation period beyond 60 days in the case of a financial hardship.
5. PENALITIES. Any premises owner who violates any of the provisions of s. 105-91, shall upon conviction, forfeit not less than $500 nor more than $1,000 and in default of payment thereof, be imprisoned in the county jail or house of correction for a period of not less than 20 days nor more than 40 days.
Part 3. This ordinance shall take effect one year from the date of passage and publication.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date:________________________
Requestor
Department of Neighborhood Services
Drafter
LRB05068-1
AEH
5/24/2005