ORDINANCE NO: 2014-343 (Author: Honorable Ernesto A. Mondarte) "AN ORDINANCE MANDATING BUSINESS ESTABLISHMENTS OPERATING WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF PAGADIAN TO INSTALL CLOSED CIRCUIT TELEVISION SYSTEM AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF" WHEREAS, it is the policy of the state to serve and protect the people, to maintain peace and order, to protect life, liberty and property, and to promote the general welfare; WHEREAS, under R.A. 7160, Section 16 provides that every Local Government Unit shall exercise powers necessary for its efficient and effective governance and those which are essentials to the promotion of general welfare; WHEREAS, Close Circuit Television Cameras (CCTV) serves as strong deterrent from commission of crimes and provide the recording of evidence of a criminal activity thereby enabling law enforcers to effectively identify perpetrators of a criminal act; WHEREAS, in consonance with the drive of the local government of Pagadian City to strengthen its anti-criminality campaign and the prevention and outright resolution of criminal cases, it is therefore fitting and proper to enact this ordinance. NOW, THEREFORE, on motion of Hon. Ernesto A. Mondarte, duly seconded, Be it ordained by the 11th City Council of the City of Pagadian in session assembled, that: Section 1. Title of Ordinance. - This ordinance shall be known as "An Ordinance Mandating Business Establishments Operating Within The Territorial Jurisdiction Of The City Of Pagadian To Install Closed Circuit Television System And Prescribing Penalties For Violation Thereof." Section 2. Scope and Application. - Establishments that cater to populous array of clients, most especially those whose nature of business involve voluminous monetary transactions and are considered high risk shall be required to install CCTV Cameras or Video Surveillance System which shall be maintained in a proper working order at all times and shall comply with the minimum system requirements set forth by this ordinance. 2.A. - Covered Establishments. - This ordinance shall cover banks, malls, gasoline stations, pawnshops, money remittance centers, money changers, 24-hour convenience stores, restaurants. 2.B. - Other Covered Establishments. - This ordinance shall also cover high-risk and other crime vulnerable establishments which operate, transact and deal with the following whichever will apply: Those that handle monetary transactions as a regular course of business amounting to the exchange of goods and/or services for a daily average amount of more than 20,000.00 PHP; or Those that transact on an average daily basis of more than 50 (Fifty) Clients. Section 3. Feeds and Recordings. - The establishments shall retain the continuous digital images recorded by the system for not less than thirty (30) days for review and reference purposes. After 30 days, the feeds or recordings shall be preserved and stored for safekeeping for a period of not less than one (1) year and, at the option of the owner, may be disposed of after the lapse of such period. The feeds or digital images recorded by such system must be presented when required by any court of competent jurisdiction, the local police, the National Bureau of Investigation (NBI), the Criminal Investigation and Detection Group (CIDG), the Philippine Drug Enforcement Agency (PDEA) and/or the City Mayor as the case maybe. It shall be unlawful to use or view any saved or archived video recording and unauthorized disclosure or identification of the identity of any person seen on video other than by the complainant, the victims and the herein mentioned law enforcement agencies. Section 4. - Minimum Technological Standards. - The CCTV or Video Surveillance Systems must be capable of delineating on playback activity the physical features of individuals and areas within the premises and must be able to record such images on digital, optical and magnetic media. For this purpose, the CCTV or Video Surveillance System shall meet the following minimum specifications: 1. Have one dedicated channel for each camera in operation; 2. Shall record at least 640 X 480 resolution level and shall be placed not more than 10 meters from the object; 3. Shall have the capacity to record at fifteen frames per second, per camera. For example, a system with 10 cameras would need to have a DVR capable of recording at least 150 frames per second; 4. Shall have enough memory to retain data from all cameras for a period of thirty (30) days. One estimate has been provided that this would equal approximately 40 GB of hard drive memory per camera; 5. Possess the ability to view and retrieve data while the system remains in operation; 6. Possess the ability to produce DVD-R copy of desired data for evidentiary purposes on a format playable via Windows Player to a standard DVD player; 7. Possess the ability to time stamp and "watermark" the recorded images; 8. Shall be placed in a locked and secured location to prevent destruction of tampering; 9. Cameras shall operate with a minimum of 180 Total Vertical lines (TVL) of resolution; 10. Shall have the ability to record color images during sufficient lighting and record in black and white during hours of low light; 11. Each camera shall be matched to each specific application taking into consideration the following: 11.1. distance to target image 11.2. "Lux rating" or compatibility with the amount of light available to include excessive amounts of sunlight. (Orientation of Dark and Bright of the Camera). 11.3. View angle of camera in relation to area of a desired coverage 12. Each camera shall have a clear and unobstructed view of the area of desired coverage. 13. Cameras shall be positioned to capture "Head and Shoulder" images at exits, entrance and points of sale locations. Digital Video Recorder Monitors 14. Each system shall have a monitor that may be assessed by the Police department and other law enforcement agencies for viewing of the recorded images. 15. The monitor shall be of a Liquid Crystal Display (LCD) design with a screen no smaller than fifteen diagonal inches. Power Supply 16. Each system shall have a dedicated power source to prevent intentional or accidental deactivation and preferably provided with uninterrupted power supply (UPS). Section 5. Minimum Coverage Standards, Site Assessment, Signage. - 1. The video surveillance system shall have, at a minimum, separate cameras dedicated to each register/check-out stand, entrance/exit, and parking lot or area designated for customer and or employee parking use. 2. The placement of cameras included in video surveillance systems required under this Ordinance shall be approved by the Pagadian Police Station. 3. The Chief of Police or his/her designee shall, prior to installation, conduct an assessment of each site required to install a video surveillance system and thereafter an approval notice will be posted in plain view inside the premises. This approval notice will inform customers and employees of the existence of a video surveillance system. A separate notice of the video surveillance system installation, in a form acceptable to the City Police Chief, shall be placed in parking areas. Section 6. Implementing Office. - The Business Permits and Licensing Office is mandated to make the Implementing Rules and Regulations (IRR) and the Committee on Police, Fire and Public Safety of the Sangguniang Panglungsod is hereby tasked to assist the crafting of the IRR. Section 7. Exceptions. - The Business Permits and Licensing Division shall issue the appropriate guidelines of application for exemption for those establishments which have already compliant CCTV's or Video Surveillance Systems. Section 8. Penalties. - A fine not exceeding Five Thousand (P5,000.00) Pesos shall be imposed on any establishment found in violation of this ordinance. Continued or subsequent violations of this ordinance after 30-days of issuance of the initial findings of non-compliance shall constitute as a ground for suspension, revocation and cancellation of the establishment's business permit. Section 9. Separability Clause. - If for any reason, any section of this ordinance shall be declared unconstitutional or invalid, other sections not affected by such declaration shall continue to be in full force and effect. Section 10. Effectivity Clause. - This ordinance shall take effect after 15 days of publication in a newspaper of general circulation. ENACTED AND APPROVED by the 11th City Council of Pagadian City during its 30th Regular Session held on 25 March 2014 at the Sangguniang Panlungsod Session Hall, Pagadian City.