2008 R - 37 - REQUIRING ALL BANKS, MONEY CHANGERS, PAWNSHOP, SUPERMARKETS, CONVENIENCE STORES AND GASOLINE STATIONS TO INSTALL VIDEO SURVEILLANCE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 2, 2008 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo- - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy- - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay

WHEREAS, Section 16 of RA 7160 provides that every local government unit shall exercise the powers essential to the promotion of the general welfare of its inhabitants;

WHEREAS, Section of 458 of the Local Government Code likewise states that one of the powers, duties and responsibilities of the sangguniang panlungsod is to maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for violation thereof;

WHEREAS, there has been incidents of robbery, theft in the city especially business establishments disbursing cash and checks in dealing with their clients.

WHEREAS, such disbursements expose the lives of clients and the employees of business establishments to danger due to unscrupulous elements that are operating in the city.

WHEREAS, the provisions of Video Surveillance System has effectively served as a deterrent against the aforementioned crimes.

NOW, THEREFORE, on motion of Councilor Rodel S. Cerezo co-sponsored by Councilor Angelito W. Baloy, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 37
(Series of 2008)

AN ORDINANCE REQUIRING ALL BANKS, MONEY CHANGERS, PAWNSHOP, MALLS, SUPERMARKETS, CONVENIENCE STORES AND GASOLINE STATIONS TO INSTALL VIDEO SURVEILLANCE SYSTEM TO PREVENT CASES OF ROBBERY/THEFT AND OTHER SIMILAR OFFENSES IN THEIR ESTABLISHMENTS


BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT:

SECTION 1. Title. This ordinance shall be known as “AN ORDINANCE REQUIRING ALL BANKS, MONEY CHANGERS, PAWNSHOP, MALLS, SUPERMARKETS, CONVENIENCE STORES AND GASOLINE STATIONS TO INSTALL VIDEO SURVEILLANCE SYSTEM TO PREVENT CASES OF ROBBERY/THEFT AND OTHER SIMILAR OFFENSES IN THEIR ESTABLISHMENTS”

SECTION 2. Definitions.

The definitions and provisions contained in this section shall govern the construction, meaning and application of the following words and phrases used in this ordinance.

1. Video Surveillance System – means a continuous digital surveillance system including cameras, cabling, monitors and digital video recorders that records in color with cameras and lens of a type, minimum resolution, number and location approved by the Chief of Police or his/her designee. This system must be capable of producing a retrievable and identifiable images and video recordings on approved media that can be enlarged through projection or other means, and can be made as a permanent record for use in a criminal investigation.

2. Media – means material on which audio, video and electronic data can be recorded for the purposes of making a permanent record to aid in criminal investigation, that can be enlarged through projection or by other means.

SECTION 3. Video Surveillance System required for certain business establishment.

Every banks, money changers, pawnshop, malls, supermarkets, convenience stores and gasoline stations with a capitalization of more than Four Hundred Thousand Pesos (PhP400,000.00) is hereby required to install a Video Surveillance System (V.S.S.).

Such establishments which have installed V.S.S prior to the effective date of this ordinance must ensure that they are in full compliance with this ordinance. V.S.S. shall be maintained in proper working condition at all times and shall be in operation 24 hours a day, 7 days a week and shall meet the minimum Technological Standards established in this ordinance.

SECTION 4. Minimum Technological Standard, Coverage and Site Assessment.

a. The V.S.S. must be capable of delineating on playback of the system, the activity and physical features of persons or areas within the premises and must be able to record such images on an approved form of media. Additional minimum Technological Standard required for V.S.S. shall be established by a resolution of the City Council, which may be updated periodically. The Police Department shall review the V.S.S standards annually to ensure that they are consistent with current technology and shall recommend appropriate updates to the council. If the V.S.S is web-enabled or has wireless capability, the Police Department shall be provided the ability to access the live system upon initiation by the establishment during incidents requiring a police response or intervention.

b. Camera must cover the cash register or area where the money is being exchanged and other transaction areas, inside and outside of the establishment.

c. Video Surveillance System must be maintained to make sure it is in proper working order and signals shows that the system is activated.

d. Recorded tapes must be kept for 30 days and are required to ensure the accuracy of the time keeping in conjunction which what has been recorded.

SECTION 5. Access to Media and Prohibitions.

a. Establishments should store their daily video recordings for at least 30 days for review and reference purposes. After 30 days, the recordings shall be destroyed unless their preservation is required by court order, the local police or the city mayor.

b. Establishments should give to the police and investigators access to their recordings. Only those authorized by the Olongapo City police chief and city mayor, however, would be allowed to view the video footages.

c. It is unlawful for any person to allow the unauthorized or unofficial use or viewing of any saved video-recording and the unauthorized public identification of any person or client seen in the video, except in the case of a complainant or a victim.

d. It is unlawful to reproduce or convert into sharable formats and any other forms of media formats and send via MMS or upload in the internet.

e. If a crime occurs, an employee believes a crime has occurred, the business shall contact the Police Department immediately and the business shall provide immediate access to the media containing the recorded event to the police department. The establishment shall retain the continuous digital images recorded by the system for no less than 30 days.


SECTION 6. Inspection.

The V.S.S. shall be subject to regular inspection by the chief of police or his/her designee, who is authorized to inspect at reasonable times any V.S.S. to determine if the system conforms with this ordinance and regulation adopted by council resolution. If the V.S.S. does not conform, establishments must take immediate steps to bring the system back into conformance.

SECTION 7. Enforcement and Civil Penalties.

a. Establishments subject to the mandatory requirements of this ordinance shall have six (6) months from the effective date of this ordinance to comply with the regulations of this ordinance.

b. Any establishment that delete or erase this V.S.S. records in less than 30 days face a fine of Five Thousand Pesos (PhP5,000.00).

c. Establishment that will not comply with the requirements set forth in this ordinance will not be issued the necessary business and mayor’s permit.

SECTION 8. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this ordinance.

APPROVED UNANIMOUSLY, July 2, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay
(Absent)


CHEENEE F. HOYA
SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor