04-021-O

ORDINANCE NO. __________

AN ORDINANCE RELATING TO BUILDING SAFETY, AMENDING CHAPTER 10 OF THE DULUTH CITY CODE BY ADDING AN ARTICLE X, CONVENIENCE STORES SECURITY SYSTEMS.

BY COUNCILOR STOVER:

The city of Duluth does ordain:

Section 1. That the Duluth City Code, 1959, as amended, be amended by adding to it, following Section 10-39, the following, new, Article X.

Article X. Convenience Stores Security.

Sec. 10-40. Purpose.

The purpose of this Article is to protect the public, as a collective group, and to help control crime through the required installation of systems, structures, and equipment. This Article is not intended to affect or guarantee the safety of any individual.

Sec. 10-41. Definitions.

Convenience store. Means a place of business, in a building, where the primary business is the retail sale of groceries, gasoline, or both, and which is scheduled to be, or is, open for business at any time during the period from 10:30 p.m. until 5:00 a.m., and, at any time when open for business, has less than three employees present in the retail sales area of the premises.

Sec. 10-42.Security camera system required.

Each convenience store shall have installed, and operated whenever the store is open for business, a security camera system that satisfies the following minimum requirements:
(a) At least one conspicuous sign stating that the store is under camera surveillance;
(b) More than one video security camera, each with color CCD and auto-iris lens. The cameras must be positioned and adjusted so that each entry and exit door, and each cash register area is completely visible in a camera's field of view, and a whole adult person is no less than 40 percent of the field of view. Each camera must be acute enough that the features of a person in its field of view are distinguishable and recognizable; and
(c) A video recording device, kept in a secure area remote from the cameras, that continuously records the view of each camera. Tapes, or other medium recordings which are produced, must be of such resolution that features of people are distinguishable and recognizable, and be stored and available for police inspection for a minimum of seven days after production.

Sec. 10-43. Safety measures.

In addition to the security camera system, each convenience store is required to utilize the following safety measures:
(a) Height markers at each entrance to the store;
(b) Lighting devices that illuminate the area within ten feet of the outside surface of any entrance door to the store;
(c) Unless business is only transacted from behind a bullet resistant barrier by means of an indirect pass-through trough, an employee cashier must be separated from any customer by a counter top at least 36 inches wide, which counter top is located atop a bullet resistant barrier at least 55 inches high, and connected to the floor upon which customers stand when making a purchase; and
(d) A personal panic alarm device linking to law enforcement or a private security agency.

Sec. 10-44. Penalties.

Violation of this Article is punishable by the maximum penalty set out in Duluth City Code Section 7-7, or its successor, and a minimum fine of $100 for each violation. If a violation is continuing, each day in violation is a separate violation for which the penalty applies. This Section does not preclude civil sanctions, including injunction, or administrative penalties.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance requires various safety features to be included in areas of a building that is utilized as a convenience store.