129.01    DEFINITIONS.  For use in this chapter, the following terms are defined:

1.         “Consumer products” means all food which is subject to sales tax and all food which is not subject to sales tax under Chapter 422 of the Code of Iowa, except foods prepared for immediate consumption.

2.         “Convenience store” means any business which sells at retail both gasoline and more than 20 consumer products and which routinely remains open for business 20 to 24 hours a day or between the hours of ten o’clock (10:00) p.m. and five o’clock (5:00) a.m.

3.         “Gun shop” means any person, firm or corporation who, under the laws of the State of Iowa and/or the United States, is engaged in the business of supplying those authorized to possess an offensive weapon as defined in Chapter 724 of the Code of Iowa or the sale of pistols or revolvers, or shotguns or rifles and is operating out of a retail business location and not in the owner’s residential dwelling.

4.         “Surveillance camera” means a video tape camera or similar video recording device or a 35 mm camera capable of activation.

129.02    SURVEILLANCE CAMERA REQUIRED.  Every convenience store and gun shop in the City shall be equipped with a functioning surveillance camera twenty-four (24) hours a day for seven (7) days a week.  The surveillance camera shall be positioned so as to view all persons entering the establishment or all persons approaching within five feet of the cash register, or both, or elsewhere if so directed by the Police Chief.  All proposed installations of surveillance cameras shall be approved in advance by the Police Department as in conformance with the requirements of this chapter prior to actual installation.  The Police Chief shall develop departmental rules and regulations setting forth the minimum specifications for surveillance cameras.  The specifications shall be developed with the intent to require surveillance cameras which are functionally capable of recording and reproducing visual activities with sufficient quality to aid the Police Department in the apprehension of lawbreakers.  Surveillance cameras installed prior to July 1, 1990, will be deemed to be in compliance with this chapter.

129.03    EXEMPTIONS.  A business which is required to install a surveillance camera or burglar alarm may apply to the Police Chief for exemption from the provisions of this chapter.  The Police Chief may exempt a business if the Police Chief finds that the business has or will undertake alternate 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 or for the protection of employees, or the Police Chief may authorize alternate procedures on an experimental basis.  The Police Chief may also authorize temporary extensions of time for installation when a business demonstrates that it is temporarily unable to comply for good cause shown.

129.04    TAPES.  A business which is required to have a surveillance camera under this chapter shall have at least 30 tapes for use in its camera and shall not reuse any tape before the expiration of not less than 29 days from that tape’s last prior use.

129.05    BURGLAR ALARMS.  Every gun shop in the City shall be equipped with a functioning burglar alarm for those hours of each day when the store is not open to business.  The burglar alarm shall be connected to the premises as directed by departmental rules.  All proposed installations of burglar alarms shall be approved in advance by the Police Department as in conformance with the requirements of the departmental rules prior to actual installation.  The Police Chief shall develop departmental rules and regulations setting forth the minimum specifications for burglar alarms, for their connection to the premises and such other matters as the Police Chief deems necessary or desirable to carry out the objectives of this section.  The specifications shall be developed with the intent to require burglar alarms which are functionally capable of alerting authorities of unauthorized activities with sufficient rapidity as to aid the Police Department in the apprehension of lawbreakers.  Burglar alarms installed prior to the effective date of Ordinance No. 00-40 will be deemed to be in compliance with this chapter.

(Ord. 00-40 – Feb. 01 Supp.)