ORDINANCE NO: 2024-595 (Sponsored by: Honorable Ma. Alicia Elena V. Ariosa) "AN ORDINANCE MANDATING BUSINESS ESTABLISHMENTS OPERATING WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF PAGADIAN TO INSTALL CLOSED CIRCUIT TELEVISION (CCTV) SYSTEMS OR VIDEO SURVEILLANCE SYSTEMS AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF, THEREBY REPEALING CITY ORDINANCE NO. 2024-595" 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, R.A. 7160 provides that every Local Government Unit shall exercise powers necessary for its efficient and effective governance and those which are essential to the promotion of the general welfare; WHEREAS, Closed Circuit Television (CCTV) Cameras or Video Surveillance Systems serve as strong deterrent to commission of crimes and provide the recording of evidence of a criminal activity thereby enabling law enforcers to effectively identify the perpetrators of criminal acts; WHEREAS, in consonance with the drive of the City of Pagadian 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, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian City in session assembled that: SECTION 1. TITLE. - 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 (CCTV) SYSTEM OR VIDEO SURVEILLANCE SYSTEMS AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF, THEREBY REPEALING CITY ORDINANCE NO. 2014-343." 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 as mandated hereunder and shall comply with the minimum system requirements set forth by this Ordinance. Such CCTV Cameras or Video Surveillance System shall stand as a requirement to the issuance of business permits to establishments that cater to a large number of customers or conduct transactions and operations which carry risks of being targeted by criminal activity and are prone to accidents, natural disasters, and other unforeseen incidents. These establishments include: Financial establishments such as banks, pawnshops, money lenders, money remittance services, money changers and others with similar transactions; Business establishments that are part of a national chain or have several branches in other parts of the country such as restaurants/fast-food chains, convenience stores, grocery stores, drug stores and other similar establishments; Restaurants (not part of a national chain or with no branches) and eateries or the so-called "carenderias", resto-houses, pub-houses, and bars; Shopping malls, shopping centers, supermarkets and other similar establishments; Hospitals, laboratories, clinics, and other medical facilities; Theaters, movie houses, perya, arcades, internet cafes, and other places of entertainment that draw in a considerable number of customers; Car dealerships, gasoline/fuel stations, vehicle maintenance/service stations; Hotels, pensions houses, lodging houses, inns and other establishments of similar import; Schools, learning institutions and other similar establishments; 24-hour convenience stores, internet cafes and other similar establishments. SECTION 3. SINGLE PROPRIETORSHIP BUSINESS. - This Ordinance shall also cover those small-scale businesses like Sari-Sari Store and the like engaged in selling hard liquor and other intoxicating drinks/beverages provided that such has acquired permit to sell from proper authorities, and should be required in the application and renewal of business permit. SECTION 4. 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 by the establishment for a period of not less than six (6) months, provided, that the establishment shall create and maintain a back-up of the feeds and recordings once every two (2) weeks. At the option of the owner, he/she may dispose of such preserved or stored feeds and recordings after the lapse of six (6) months unless the feeds and recordings are the subject of a pending investigation by the Pagadian City Philippine National Police (PNP), in which case, such feeds and recordings shall be preserved and stored for safekeeping until full conclusion of such investigation as certified by the Pagadian City PNP. It shall be unlawful to disclose such recording or digital images or saved and archived video recording for purposes of identification of the identity of any person seen on video except in cases when required by any court of competent jurisdiction or exclusively by the Chief of Police of the Pagadian City PNP in relation to an investigation conducted by the latter. SECTION 5. DUTY OF FULL COOPERATION. - The recorded feeds or digital images must be presented when required by any court of competent jurisdiction relative to a proceeding thereat or by the Chief of Police of the Pagadian City PNP in relation to an investigation conducted by the latter. The owners, managers and employees of the establishments, the recording of which is the subject of a pending investigation by the Pagadian City PNP or of a suit pending before a court of competent jurisdiction, shall make full cooperation with the Pagadian City-PNP and the court and shall make available, at anytime of the day and night, such recordings to the court or to the Chief of Police of the Pagadian City PNP. Failure to comply shall be meted the penalties as hereunder provided for. SECTION 6. ACCESS TO RECORDINGS. - If a crime has been committed, or the operator, employee, or owner of the establishment has reason to believe that a crime has been committed and has been recorded by the CCTV, the operator, employee, or owner of the establishment shall immediately contact the Pagadian City PNP and shall provide access to the pertinent recordings to the Chief of Police thereof or to the latter's duly authorized representative. The captured video footage or images may be used at any time to satisfy the written order or subpoena of any court with competent jurisdiction. SECTION 7. MINIMUM SPECIFICATIONS. - CCTV cameras or Video Surveillance Systems shall have the following minimum specifications: CAMERA: High-Definition Analog or at least 2-4 Megapixel Digital Camera 0.1 Lux Minimum Illumination: 2.8mm to 3.6mm Focal Length Auto-Iris Focus Lens (fixed/var-focal) 1/30s to 1/50,000s Shutter Speed 50-meter Infrared Range 120dB Wide Dynamic Range Outdoor cameras must be vandal-proof with IP 66 Weatherproof Casing VIDEO/AUDIO INPUT: Hybrid Type (accepts Digital and Analog signal), Minimum of four (4-8) camera input Video and Audio Stream Input H.264 (Advanced Video Coding) Video Compression 30 frames-per-second (FPS)recording capability per camera Analog High-Definition Input (1080p@25FPS, 1080p@30FPS, 720p@25FPS, 720p@30FPS) Hard Disk Drive storage system with enough capacity to accommodate the prescribed retention period below. (4TB Capacity is approximately sufficient for 30 days of recording for DVR with 4 cameras at 1080p) needs external hard drive 2-4TB for back-up storage OTHER SPECIFICATIONS At least four (4) cameras covering the areas of transaction and risks, one camera must be facing the street/entrance, with the actual number of cameras to depend on the size of the establishment and nature of business, as determined by the LGU Pagadian Centralized power supply for the Video Recorder and Cameras Uninterruptible Power Supply (UPS) to provide standard and reasonable back-up power to the Video Recorder and Cameras DIGITAL VIDEO RECORDER MONITORS. Each system shall have a monitor that may be assessed by the Chief of Police of the Pagadian City PNP for viewing of the recorded images. The monitor shall be of a Liquid Crystal Display (LCD) design with a screen no smaller than fifteen diagonal inches. POWER SUPPLY. Each system shall have a dedicated power source to prevent intentional or accidental deactivation and preferably provided with Uninterrupted Power Supply (UPS). SECTION 8. MINIMUM COVERAGE STANDARDS, SITE ASSESSMENT, SIGNAGE. - The video surveillance system shall have, at a minimum, separate cameras dedicated to each register/check-out stand, entrance/exit, and parking lots or areas designated for customers' and/or employees' parking use. The placement of cameras included in video surveillance systems required under this Ordinance shall be approved by the Pagadian City PNP, through the Chief of Police. The Chief of Police of the Pagadian City PNP or his/her representative 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 Pagadian City PNP, shall be placed in parking areas. SECTION 9. INSTALLATION. - The installation of the CCTV cameras or Video Surveillance Systems must comply with the following: Cameras must be installed at a secured location with maximum area of coverage of entrances/exits, areas of transaction or risk. It must be made sure that there are no blind spots; Video recorders must be mounted at secured/concealed locations to protect them from deliberate tampering; Cameras should not be installed in an area which is not well-lighted at night and must be in an area with consistent lighting to pick up identifying details, such as facial features; The angle of the cameras must be considered to avoid lens flare and backlighting; Determine the following objectives and recording distance when installing CCTV Cameras: General Surveillance= 10 feet or greater, Facial Recognition = 5 to 7 feet, Plate Recognition (for Parking Lots) = 3 to 4 feet; A back-up system should be installed alongside the CCTV system to ensure that data are kept secured in the event of physical harm to the storage devices such as fires, earthquakes, any form of deliberate tampering and other similar situations, among other form of harm to the system, provided that the establishment shall create and maintain a back-up of the feeds and recordings once every two (2) weeks; There must be signages indicating that the establishment/area is being monitored by a CCTV System and it must also be installed in areas that are visible and obvious to the public and which must use a clear, plain and concise language; At least one staff or employee should be trained to operate the CCTV System; SECTION 10. MINIMUM COVERAGE. - All establishments are required to install CCTV cameras or Video Surveillance Systems as to afford a full coverage of the following: a. From the interior of the establishment: (i) All entrances/exits; (ii) The center of business activity in the establishment (including the tellers, cashiers, cash registrars, sales counters, or areas leading to the vault/safe) according to the nature of business/operations of the establishment. b. From the exterior of the establishment (when the establishment is not located inside a mall or building which has its own exterior cameras): (i) All entrances/exits; (ii) From the entrances/exits, a clear view of the area to and from the street/s abutting the establishment, including frontage thereof taking into particular consideration the clarity of shots in relation to the angles thereof; (iii) Parking lots and drive-through lanes (when applicable). SECTION 11. OBLIGATION TO MAINTAIN AND REPAIR. - It shall be the duty and obligation of the owner of an establishment to see to it that its CCTV cameras or Video Surveillance System is in full working condition. In the event that there are defects to such CCTV cameras or Video Surveillance System, the owner of the establishment shall repair or cause the doing of the repair thereof within a period of twenty-four (24) hours from the time the defects became manifest. SECTION 12. NOTICE OF SURVEILLANCE. - The fact that CCTV cameras or a Video Surveillance System has been installed shall be made known to the general public through a written notice prominently displayed at the entrance and at any other conspicuous place of the establishment, to include the parking lots or areas, if applicable. SECTION 13. IMPLEMENTING OFFICE. - The Business Permits and Licensing Office (BPLO) of the City Government of Pagadian is mandated to make the necessary Implementing Rules and Regulations affecting this Ordinance. The BPLO may thereafter conduct inspections during reasonable business hours to determine continued compliance with this Ordinance anent the post-issuance or renewal of such establishments' business permits or licenses. For all these purposes, the BPLO may seek the advice and assistance of the Chief of Police of the Pagadian City PNP or his duly authorized representative. SECTION 14. PENALTY. - Any person, natural or juridical, who violates any of the provisions of this Ordinance shall be imposed a penalty of a fine not exceeding Five Thousand Pesos (P5,000.00) or imprisonment of not more than one (1) year, or both at the discretion of the Court. In cases of juridical persons, the President and officers thereof shall be liable should there be any violation of this Ordinance and shall be meted the penalties as above-mentioned without prejudice to the sanction as provided for under the immediately succeeding paragraph. For purposes of this Ordinance, each day that a violation continues shall be a separate violation. Continued or subsequent violations of this ordinance after thirty (30) days from the issuance of the initial findings of non-compliance shall constitute as a ground for suspension, revocation and/or cancellation of the establishment's business permit. SECTION 15. SEPARABILITY CLAUSE. - If for any reason, any section of this Ordinance shall be declared unconstitutional or invalid, the other sections and portions hereof not be affected thereby shall continue to be in full force and effect and shall stand as valid. SECTION 16. REPEALING CLAUSE. - City Ordinance No. 2014-343 is hereby repealed. All other ordinances, resolutions, rules and regulations, or part thereof, in conflict with or inconsistent with any provision of this Ordinance, are also hereby repealed, amended and/or modified accordingly. SECTION 17. EFFECTIVITY CLAUSE. -This Ordinance shall take effect immediately after its publication for three (3) consecutive weeks in a newspaper of local or general circulation and after fifteen (15) days from posting thereof in at least two (2) conspicuous places in the city. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 98th Regular Session held on 20 November 2024 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.