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1992M19- SECURITY CAMERA SYSTEM ORDINANCE No._9.J.~-:fL AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ TO REQUIRE INSTALLATION IN CONVENIENCE STORES OF SECURITY CAMERA SYSTEMS, SILENT ALARM EQUIPMENT, COMPLIANCE SIGNS, ILLUMINATED PARKING AREAS, HEIGHT MARKERS, CASH MANAGEMENT POLICIES AND WINDOWS WITH CLEAR AND UNOBSTRUCTED VIEWS: PROVIDING FOR ROBBERY PREVENTION AND AWARENESS TRAINING; CREATING AN ADVISORY BOARD; PROVIDING FOR PENALTY: AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Schertz has taken public notice of the increase in criminal activity involving convenience stores in the south central Texas region in the recent years; and WHEREAS, the City Council believes it is in the best interest and general welfare of the citizens of Schertz to deter crime generally and criminal activity involving convenience stores specifically in the City of Schertz; and WHEREAS, the criminal activity occurs between the City Council has taken public notice that involving convenience stores primarily hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, the City Council has determined that preventative measures must be implemented to deter crime involving convenience stores to protect the health, safety, and welfare of the citizens of the City of Schertz and patrons and employees of convenience stores located therein: and WHEREAS, the City Council has determined that the most effective preventative measure to deter criminal activity involving convenience stores is to require that convenience store owners install security cameras, alarm systems, compliance signs, illuminated parking lots, height markers, cash management policies, clear and unobstructed windows, and institute robbery prevention and awareness training programs; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: The Code of Ordinances of the Schertz is hereby amended by the addition of the Chapter 10. Article VI, Section 10-95: City of following "Sec 10-95.1 Definitions: At-risk engages prepared regularly 11:00 p.m. Business - means any place of business that in the retail sale of groceries. including foods, gasoline, or services that is open for business during any hours between and 6:00 a.m. Convenience Store - means any place of business that is primarily engaged in the retail sale of groceries. gasoline, and services, that is regularly open for business at any time between the hours of 11:00 p.m. and 6:00 a.m.. The term convenience store does not include a business which is solely or primarily a restaurant. Security capable in the engaged Camera System - means a video camera system of retrieving an identifiable image to assist identification and apprehension of persons in criminal activity. Silent local agency Alarm System - means a system that notifies law enforcement or a private licensed security that a robbery or other crime is occurring. Illuminated Parking Area means a parking area illuminated at a maintained intensity of four foot candles per square foot with a uniformity ratio of no more than four to one at eighteen (18) inches above the surface: and includes all property adjacent to and under the control of the business outside the bUilding which is used for vehicular purposes. Cash Management Policy means a publiShed and distributed policy to limit the retention of money in cash registers or cash drawers to $50 between the hours of 11:00 p.m. and 6:00 a.m. daily. Sec. 10-95.2 Convenience Store Security: Each convenience store located within the City of Schertz shall be equipped with the following security devices: a. an operating security camera system, b. an operating silent alarm system, c. a conspicuously posted sign in the convenience store entrance stating that the cash register contains $50 or less, d. an illuminated parking area, e. readily visible height markers at the entrance of the convenience store displaying height measure- ments from the floor.. f. a cash management policy, and g. windows clear of tint, merchandise, equipment, or signage to provide an unobstructed view of the cash register and transaction area of the convenience store. Sec. 10-95.3. Traininq Proqram. The management of each convenience store shall establish a robbery prevention and awareness training program which shall be reviewed and approved by the City Manager. Such training should be incorporated in the initial training phase of each new employee; but in any event, completed within ninety (90) days after commencement of employment. Sec. 10-95.4. Penalty for Noncompliance. Noncompliance with this Ordinance will result in a civil fine of up to $5,000 for every day of violation. Sec. 10-95.5 Implementation. a. Except as provided in Sec. 10.95.3 and Sec. 10-95-5b, all convenience stores operating in the City of Schertz on the date this ordinance becomes effective, shall comply with all the terms of this Chapter within 180 days after such date. b. The placement of a Silent Alarm System must be completed and operational within eighteen (18) months after the effective date of this ordinance in those convenience stores operating in the City of Schertz on the date this ordinance becomes effective. c. All convenience stores that begin operation in the City of Schertz after the date this Ordinance becomes effective shall comply with the terms of this Chapter as an additional requirement for the receipt of a certificate of occupancy. Sec. 10.95.6 Advisory Board There is hereby created and established an At-Risk Business Operations Advisory Board (the Board) which shall serve in an advisory manner to the City Manager. Sec. 10.95.7 The Board shall consist of seven (7) members, each appointed by the City Manager who shall in like manner fill all vacancies and unexpired terms. Each member, excepting the Assistant City Manager, the Chief of Police and the City Inspector, shall be appointed for a term of one year. A member may be appointed to serve consecutive years or any member may be removed by the City Manager at the City Manager's discretion. Sec. 10.95.8 The composition of the Board shall be as follows and each member shall serve without pay: a. Assistant City Manager of Planning or designee b. Chief of Police or designee. c. One major chain convenience store representative. d. One major "fast-food" store representative. e. One independent at-risk business representative. f. One City Council representative. g. City Inspector or designee. Sec. 10.95.9 Purpose, meetings, report, dismissal a. The purpose of the Board shall be to advise the City Manager and City Council and make recommendations in matters relating to the security of at-risk businesses within the City of Schertz. The Board shall have the folloWing charges: 1. to evaluate security measures businesses. the effectiveness of now in place in at-risk 2. to develop a team effort between law enforcement and the industries operating at-risk businesses. 3. to examine special precautions which must be taken in any at-risk business establishment fOllowing major offenses. 4. to create reduction of businesses. innovative methods for the crime within at-risk b. The Board shall have the authority to adopt rules, as approved by the City Manager, for the transaction of its business which provide for the time. place and order of regular meetings and calling for special meetings. c. The Board shall meet as often as deemed necessary by the Chairperson in order to provide an initial written report to the City Manager within ninety days following the last appointment to the Board. Following the initial report, the Board shall continue to meet as necessary to fulfill its purpose and shall file a written report of each meeting with the City Manager. d. If at any time the City Manager finds the Board not to be of benefit to the security of the employees and patrons of at-risk businesses in the City of Schertz, he may. upon notification of City Council. dismiss the Board and instruct selected members of city staff to proceed with development of ordinances which mandate the security levels required in at-risk business establishments. SECTION 2.: All actions (not inconsistent with the provisions of this Ordinance) heretofore taken by this City Councilor any officer of the City relating to the subject matter of this Ordinance are hereby ratified, approved and confirmed. _SECTION 3: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of this City Council. SECTION 4: All ordinances, resolutions, or thereof, which are in conflict or inconsistent with provision of this Ordinance are hereby repealed to extent of such conflict. parts any the SECTION 5: This Ordinance shall be enforced in accordance with the laws of the and the United States of America. construed and State of Texas SECTION 6: If any provision of this Ordinance or the application thereof to any person or circumstance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance and the application of such provision to the other persons and circumstances shall nevertheless be valid, and this City Council hereby declares that this Ordinance would have been enacted without such invalid provision. __~ECl'ION 7: This Ordinance shall be and effect from and after October 1, 1992. in force PASSED, APPROVED ")p r:JfI""AI bpI"< p AND ADOPTED , 1992. ~d_day of~oL<j--' 1992. this the /~ day of Approved on first reading the ATTEST: %6,~'-;~f~~.'" >/ (SEAL OF CITY) .' R~CEIVEO SEP n , 199~ MUNN & ESTRADA AN ASSOCfAllON OF !'ROFESSIONAL CORI'ORAllONS ATrGRNEYS AT LAW One Oak rark 1020 N.E. Loop 410, Suite 200 San Anlonio, Texas 78209~1212 (512) 828-5641 FAX (512) 821__9 E"lf',jda & Flume, I~.C. O'Neal Munn, P.c. O'Neal Munn Eric D. Sherer Keith P. Miller September 1, 1992 Robert E Estrada Bo."ud Certified. Family Law Texas lk)3N of Legal Specializalion Michael flume Celinda Baez Guerra Stanley C. Allen - Of Counsel city of Schertz Schertz city Hall 1400 Schertz Parkway Schertz, Texas 78154 HAND DELIVERED Attn: Mr. Kerry Sweatt, City Manager RE: Proposed Ordinance to require installation in convenience stores of security devices Dear Mr. Sweatt: As you know, this firm represents Ice stores, Inc., dba Lone star Ice and Food Stores ("Ice stores"). The purpose of this letter is to reiterate Ice Stores' objections and opposition to the proposed ordinance referenced above. All of the reasons for Ice stores' opposition which are stated in my previous letter to you dated August 7, 1992, still apply and are hereby re-asserted. Please consider each of those reasons carefully before making a decision on the proposed ordinance. Ice stores considers the proposed ordinance unreasonable, arbitrary, and unenforceable as written and urges the City Cou~cil of the City of Schertz to reject the proposed ordinance. Thank you for your consideration. Very truly yours, MUNN ,&.~ES~~ ,! , G/', " r;l ( ..' / BY: (lju~~~>~~../ZJ~~ ERIC D. SHERER EDS/aac cc: Ice Stores, Incorporated cc: Mr. Michael Spain, city Attorney (Hand Delivered) 5 August, 1992 Schertz City Council I400 Schertz Parkway Schertz, Texas 78154 Dear Members of Schertz City Council; Let me be one of the first to congratulate you on your astute fore- sightedness in having surveillance cameras installed in convenience stores. As you may know, I have been working with citizens throughout Texas getting signatures for a petition making it mandatory to have video cam- eras installed in all convenience stores open all night. May 14, 1992, in part because of the hard work and dedication from our own City Councilman Dr. Bill Thornton, and myself, Mr. Jayar Dailey of NCS, Inc. met with our city council members informing them and we citizens of San Antonio that 25 video cameras were going to be installed in and around Ssn Antonio Stop-and Go Stores. Dr. Bill recognized me for this effort and I also spoke before City Council in reference to these cameras we so desperately need! Senators Frank Mad1a and Frank Tejeda are also working diligently on this project and I have been assured by Senator Frank Mad1a that this issue will be going before the Legislature in January, 1993. It takes warm and caring citizens like yourselves, the City Council of Schertz, to recognize a need and try to fill it. You have no idea how many grateful citizens you have, knowing you care so much for their safety and welfare. Again, Thank You for your keen foresight, willingness and readiness to take charge on such an i~ortant issue. Respectfully, (' - . (/('- ,:_(jJc~'(.' Carrie Wi11born (Mary Blyth Wi11born) 5903 Lake Nacoma San Antonio, Texas 89222 (512)648-4075 inc:letter from Sen Tejeda, etc. cc:Sen. Tejeda, Sen. Mad1a, Councilman Thornton, Mayor Wolff mlr~ ~~nn.t~ ilf ~~r~ ~h.h> JPlf f!r~x~~ /Au:~tinnHH FRANK TEJEDA MEMBER State Senator Criminal Justice Committee Finance Committee Inleroovernmenl<ll Relations Committee CHAIRMAN Subcommittee On Urban Affairs VICE CHAIRMAN Subcommittee On ConQr"'~slon;j1 [1islflc'~ May 2~J, 1992 Carrie wi11born P.O. Box 23158 San Antonio, TX 78223 Dear Mrs. Wi11born: This will acknowledge receipt of your letter which included copies of a May 13, 1992 letter to Dr. Bill Thornton, and another letter dated May 1, 1992, in reference to the tragic death of Melissa Morales. Thank you for taking the time to keep me informed of your actions in attempting to have convenience stores equipped with surveillance cameras. 3~ FRANK TEJEDA St..'?ta Se~ator District 19 FT/ea 1313SEMilitaryDr.,Suite#11S' San Antonio, Tex3s 78214 . 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This is the fourth such murder in the last four months in San Antonio. i iave started a petition to try and get a legislative law passed requiring all late night convenience stores to have working surveillance cameras and notices at the doors informin~ all incoming customers to that effect. State Representative Frank MadIa and State Senator Frank Tejeda are helping me in my quest for that bill. Now, I NEED YOUR HELP! Could you please pass along to me information showing stats, etc. on such crimes in your town or city? I would need names, addresses and phone numbers if possible, of the ~mployees or their families. If and when we get enough support showing the,concern of our citizen~, the Legeslative Law should be easier to pass. You can feel free to pass along my petition to your men and women in uniform if they would like to get signatures. My return address is on the letter/ petition. My husband has been a Law Enforcement Officer for over 31 years, and I also have a daughter on the force, so;1 can well empathize the mental torture this poor officer who found MeliSsa must feel. I don't want this to happen to you or yours. This law could keep an employee or customer from being killed. Thanking you in advance for all your support, I remain; Carrie Willborn P.O.Box 23158 San Antonio, Texas 78223 I , , ~{ t;thv rfV a1<-J rf}<L k?v ~:p-tW, . (/m/)'l-(dLA/~! ~ . ;Lu,J~"r'~€ w U-< /.<J ~ h-S ~ r. ~ if>"" M~ ~<.( / rVd.>< yt-rr--e ::I~7~' P-o t<-''- c~ 'tup 2';; 'j&I ~~l drJd . 0" /7, ~k t; p..~. --, c1~ IJ~jP4/ (j;L( f --/( (J 7 )- . "-- ',~~' ,', " I"~ ::" .--"... .. " I S,A"Light cl April, 1992 Slrs: L beJiev~ irl fr~e enterprise. Many a 18~e night 1 have dsiven to my local Stop & ',;n or eonvenience Store for milk, eggs, etc. ,'; i t 11 l:Oll j idcnc.: e. I can 5 incerely say I believe I have pn id for more' .thAn )rl~ virlC0 c~mera for a convenie~ce store. ~ffcctive today, I no longer will patronize a Stop & Go Convenienc~ Store, Il~ve called their main office to inform them of my decision, and am now writj~4 ta y"u asking you to print this letter requesting ALL CONCERNED ;:lTlZf:NS to do the same until Stop & Go "finds the funds" to install the ,.urvicllancC:' cameras for all their stores. The camera may not have' pre- ~ented this young life from being taken, but it may have stopped these THllGS from forcing their way i",', knowing they were on camera. $800,00-$1200,00 for A LIFE? CQme on, Stop & Go! Will the owners ~i$k their 1.ives for this small amount? Carrie Willborn 5903 Lake Nacoma S~l' Antonio, Texas (512)532~5246 office :5[2)64R~4075 home \~_v {(U.LZ. {();t! ~ ";7/-( ~t/Y1- ~~ ~;( /;t;!u;. I (<./ --f I a..-rw-- ~ - 4~ . I Newspaper Group 122 Eas' Byrd. P,O, 2789. UnIversal City. Texas 791-18. (512)658-71\21\ CITY OF SCHERTZ LEGAL NOTICE ORDINANCE NO,82.M.11 AN ORDINANCE BY 'THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS. AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ TO REQUIRE INSTALLATION IN CON- VENIENCE STORES OF SECURITY CAMeRA SYS'TEMS, SILENT ALARM EQUIPMENT, COMPLIANCE SIGNS, IL' LUMINATED PARKING AREAS, HEIGHT MARK- ERS, CASH, MANAGE, MENT POLICIES AND WINDOWS WITH CLEAR AND UNOBSTRUCTED VIEWS: PROVIDING FOR ROBBERY PREVENTION AND AWARENESS TRAINING: CREATING AN ADVISORY BOARD: PROVIDING FOR PEN, ALTY: AND ESTABLISH, ING AN EFFECTIVE DATE, PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) (STATE OF TEXAS) 'I, Robert L. Jone!'!, II, Publieher of the HERALD NEWSPAPER GROUP, do aolemnly awear that the notice, a printed copy of which ia attached, waa publi!'!hed once a week for one con!'!ecutive weeks in the Herald publiahed at Universal city, Bexar County, Texa!'!, on the following date!'! to wit: Passed, approved and adopted !his !he' 1st day of September, 1992. September 9, 1992 June G. Krause. Cily Secretary //~2,~ H L NEWSPAPER SUbscribed and sworn to before me, i I .1 this 15th day of September 19~..' i N~.JjfJ1J.WRE ' David R. Martin Notary Public Printed/Typed Name My Commission Expires: 05-31-94