city ordinance no. 7-2013

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REPUBLIC OF TIlE PHILIPPINES City o(San Juan METRO MANILA -000- OFnCEO'~SANGGUMANGPANLUNGSOD CITY ORDlNANCI: NO.7 Series of 2013 .. , .-: ; AN ORDINANCE REQUIRING BANKS. PAwNsHOPS. MONEY EXCHANGE SHOPs/CENTERS. CONVENIENCE STORES. GASOLINE STATIONS. MONEY TRANSFER CENTERS, BILLS PAYMENT OR "BAYAD" CENTERS AND SUPERMARKETS IN THE CITY OF SAN JUAN. METRO MANILA TO INSTAlL, OPERATE AND MAINTAIN APPROPRIATE VIDEO SURVEllLANCE AND MONITORING SYSTEMS INSIDE AND IN THE IMMEDlATE VICINITY OF TIIEIR AREAS OF OPERAllON AND PROVIDING PENALTIES FOR VIOLATIONS TIlEREOF. Spoosored by: CoUDcilon Rolando M. Bernardo, Anae10 E. Aacaoili. Andoni Mipel L. CarbaUo. Leonardo G Celles, JmnahA. Ejercito. William C. Go. Marie O'neal S. Mendoza. Vmcent Rainier M. Pacheco. Richard F. Peralta, Edgardo V. Soriano, FerdinandA. Velasco, Jose:Warren P.Villa. Allen Christopher M. Silvana and Channiane Charlene B. Gonzales WHEREAS, Section 458. (a) lub-paragraph (1) of the Local Government Code of 1991ltate that the Sangaunianl Panhmgsod, as the legislattve body of the city, .hall enact ordinances. approve resolutions and appropriate fund. for the lenCl'al welfare of the city and its inhabitanu pursuant to Section 16 of this Code and in the proper exercise of the corporate powen of the city a. provided for under Section 22 of this Code, and shall "(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorders, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances." WHEREAS, incidents of robberies and burglaries have recently been huggins the headline Dews and has even resulted to the 108s of innocent lives. WHEREAS, crimes of this nature could be somehow prevented and deterred when appropriate surveillance and monitoring cameras are installed inside and outside the premises or in the immediate vicinity of financial institutions and business establishments, making it easy for the police to monitor on-going events to deter and prevent the commission of crimes, and as an aid (or investigaton to know how the crime wu committed and help identify, capture and prosecute the crime. WHEREAS, the City government of San Juan is resolute in maintaining the high confidence of the business lector in the City and will exhaust all means to prevent heinous crimes from happening within its jurisdiction.

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AN ORDINANCE REQUIRING BANKS. PAWNSHOPS. MONEY EXCHANGESHOPS/CENTERS. CONVENIENCE STORES. GASOLINE STATIONS. MONEYTRANSFER CENTERS, BILLS PAYMENT OR "BAYAD" CENTERS ANDSUPERMARKETS IN THE CITY OF SAN JUAN. METRO MANILA TOINSTALL, OPERATE AND MAINTAIN APPROPRIATE VIDEO SURVElLLANCEAND MONITORING SYSTEMS INSIDE AND IN THE IMMEDlATE VICINITYOF THEIR AREAS OF OPERATlON AND PROVIDING PENALTIES FORVIOLATIONS THEREOF.

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Page 1: City Ordinance No. 7-2013

REPUBLIC OF TIlE PHILIPPINESCity o(San Juan

METRO MANILA-000-

OFnCEO'~SANGGUMANGPANLUNGSODCITY ORDlNANCI: NO.7

Series of 2013.. , .-: ;

AN ORDINANCE REQUIRING BANKS. PAwNsHOPS. MONEY EXCHANGESHOPs/CENTERS. CONVENIENCE STORES. GASOLINE STATIONS. MONEYTRANSFER CENTERS, BILLS PAYMENT OR "BAYAD" CENTERS ANDSUPERMARKETS IN THE CITY OF SAN JUAN. METRO MANILA TOINSTAlL, OPERATE AND MAINTAIN APPROPRIATE VIDEO SURVEllLANCEAND MONITORING SYSTEMS INSIDE AND IN THE IMMEDlATE VICINITYOF TIIEIR AREAS OF OPERAllON AND PROVIDING PENALTIES FORVIOLATIONS TIlEREOF.

Spoosored by: CoUDcilon Rolando M. Bernardo, Anae10 E. Aacaoili.Andoni Mipel L. CarbaUo. Leonardo G Celles, JmnahA. Ejercito. William C. Go.

Marie O'neal S. Mendoza. Vmcent Rainier M. Pacheco. Richard F. Peralta,Edgardo V. Soriano, FerdinandA. Velasco, Jose:Warren P.Villa.

Allen Christopher M. Silvana and Channiane Charlene B. Gonzales

WHEREAS, Section 458. (a) lub-paragraph (1) of the Local Government Code of1991ltate that the Sangaunianl Panhmgsod, as the legislattve body of the city, .hall enactordinances. approve resolutions and appropriate fund. for the lenCl'al welfare of the cityand its inhabitanu pursuant to Section 16 of this Code and in the proper exercise of thecorporate powen of the city a. provided for under Section 22 of this Code, and shall

"(ii) Maintain peace and order by enacting measures to prevent and suppresslawlessness, disorders, riot, violence, rebellion or sedition and impose penaltiesfor the violation of said ordinances."

WHEREAS, incidents of robberies and burglaries have recently been huggins the headlineDews and has even resulted to the 108s of innocent lives.

WHEREAS, crimes of this nature could be somehow prevented and deterred whenappropriate surveillance and monitoring cameras are installed inside and outside the premisesor in the immediate vicinity of financial institutions and business establishments, makingit easy for the police to monitor on-going events to deter and prevent the commission ofcrimes, and as an aid (or investigaton to know how the crime wu committed and helpidentify, capture and prosecute the crime.

WHEREAS, the City government of San Juan is resolute in maintaining the high confidenceof the business lector in the City and will exhaust all means to prevent heinous crimesfrom happening within its jurisdiction.

Page 2: City Ordinance No. 7-2013

NOW TIIEREFORE, be it ordained as it is he.by ordained by the Sangguniang Panlungsodof San Juan, Metro Manila, in a session duly assembled that:

SECTION I.AU baob, pawnshops, money or foreign currency exchange and transferceaters, bills payment or "bayad" centers, convenience stores, Ba30line aatioos, and supennar:ket.s,herein after referred to as "business establishments in the City of San Juan., Metro Manila"are hereby required to install, operate and maintain appropriate video surveillance andmonitoring systems inside and within and in the immediate vicinity of, their areas of operation;

SECTION 2. Deflnition 0/1_""18

a.) BUSINESS ESTABLISHMENTS. in this Ordinance shan refer to banks (andtheir branches andATM stations) pawnshops, money 01 foreign currency exchangecenters, convenience stores, gasoline stations, money transfer centers, bills paymentor "bayad" centers and supermarkets.

b.) VIDEO SURVEILLANCE AND MONITORING SYSTEMS refer not onlyto video cameras for electronic motion picture acquisition, utilizing video images,audio and data. initially developed by the television industry but now common incomputers and telecommunications; but includes the necessary transmission ona real-rime basis (live broadcast of events immediate observation) to local andremote video mmitorina statiom and saeem; sending of alarms in cue of progr3IIIDICd.Iertl and violations of security rules, and its recording for further processingand/or archiving for at least thirty (30) days

The video cameras may be fixed or installed on ceilings, walls, sides of buildings,posts and other structures and connected to local (within the establishment) televisionmonitors or remote (far from the establishment) from where activities, occurrencesand people within and immediately outside the premises can be visually monitored.As such, these cameras must have the capability to "pan, tilt and zoom" as operatedby monitoring personnel.

SECTION 3. The daily video recordings must be stored and preserved for a minimumperiod of at least thirty (30) days for review purposes and reference UNLESS its preservationis required by a court order, by the police, or the City Mayor

SECTION 4. The business establishments referred to in this Ordinance must give theduly authorized local and/or police authorities access to the recordings or video tapes/footages. Only the City Mayor, Sangguniang Panlungsod, via approved resolution or Chiefof Police shall designate in writing wbo are authorize to use or view the footages taken inthe video recording •.

SECTION 5. It shall be unlawful for any penon to allow the unauthorized and/orunofficial use or viewing of any lived or archived video recording and the unauthorizeddisclosure or identification of the identity of any person/s seen in the video.

SECTION 6. AU covered businell eltabHsbmenta are mandated to provide for modernsurveillance systeml. that ii, to shif] from analog to digital video capabilities, black andwhite tooolor md provide night vision. and with proaiammable alert systems (iflbe emblishmentdoes not have these modern c apabilitiel yet) within one (I) year from the effectivity ofthis Ordinance. This is to ensure that the prevention and invesrigative capabilities buedOD the video recording' are advanced and ready for City-wide inteIYaled surveillance andmonitoring ·Yltems.

SECTION 1. Within six (6) months from the effectivity of this Ordinance, all coveredbusiness establishments may also complete wireless video interconnections with central

Page 3: City Ordinance No. 7-2013

.w ••• _

moaitoriq ay.temI that may be atablishecl by the city loverDJDt)nt and ita baraqays for thelocal police ud fire clittricts ..· i •

SBC'l10N I. The Twenty One bumPY' of SID Juan City. Metro Manila are allO t.lkedto Uliat IDcllUpport the local aovenu:nent in enfOn:iDg the ptovisiona of thil Ordinance.especially to mOllitor and en.sare the .trict compliance by the establishment. concerned. The"""y COUDCils may aDo eaaaF the servica ofnoa-lOvmunClll olJanizatioullld tile privateleCtor or tie-up with other baraDp.,. in the C01IIMof implementiD. the provisjOG' ol thilOnfinance.

SECTION 9. P."alty claus« - Any violation of thi. Ordinance .han be imposed withthe (01lowin8 fiDes ud penalties.

9a. Pint otJe~ - FIVE rnOUSAND PESOS (PS.OOO.OO)and securityremedial .CII1inar for the establishment oWner or manl«.

Second offense - FIVE THOUSAND PESOS (P'.OOO.OO ) plus a one-monthsuipension of the business permit ~d license to operate.

Third offense - FIVE THOUSAND PESOS (pS,OOO.OO) and Revocation ofBUliness Permit and License for the current year.

If any erring busine •• establishment refuses to pay the imposed fines withinfifteen caJeDdardays from receipt of the violation notice or citatioo ticket. bu.me.permit and liCCDH to operate .h.1I be IUtpeDded until the penalty is settled.

9b. Any penon who will violate the provision of Sections 3, 4 and Sshall pay a fine of FIVE THOUSAND PESOS (P5,OOO.OO)or sixmonth. impri.onment. or both. at the discretion of the Court.

SECTION 10.Crlmblal Ll8blllty olOfllcen ofParblenlafps, Corpondo •.••Auodatlo ••or Ot.er l.rtdkal J:.Utf •• - In cue any violatioD of this Ordinance is committed by apartnership. corporation. assOCi.tiOD or any juridical eatity. the partner, president, director.manager. trustee. administrator. or officer who consents 10 or mowinaly tolerates IUch violationshall be held liable.

SECTION 11.The San Juan Police. the Task Force Disiplina, the Public Order and SafetyOffice (POSO) and the Business Permit and Licensml Office (BPLO) are hereby tasked toimplement this Ordinance. These units and offices must coordinate with the office of the Citymayor to implement the provision of Section 8.

SECTION 12. Copies ofthi. Ordinance shall be distributed to all concerned busmetsestablishments as defined in Section 2a, all harangay councils. all concerned law enforcersand the trial courts in the City of San Juan.

SECTION 13. SeparablUty CI•• se -If any provision of this Ordinance is held invalidor unconstitutional. the other proviJioDS not aft'ected thereby shall remain valid and subsistin8.

SECTION 14. All existin, City Ordinances. orders and Resolutions that are inconsistentwith the provision. of this Ordinance are hereby repealed or modified accordingly.

SECTION IS. J:tJectlvity Cla •• e: This Ordinance shall take effect ODehundred eighty(180) days after in publication in three newspapers of national circulation.

Page 4: City Ordinance No. 7-2013

PIlER M. SILVANOuncilor

CHARMIAN~ ~ENE B. :ONZALESCity Councilor"~

.~~ V. SORIANOt-at- Arms

Ci Councilor

JAN~~CITO 0 M BERNARDOMinonty Floor Leader Alst. M jority Floor Leader

City Councilor City Councilor

~ARC:~Majority F1~ ~~s

City Councilor

WILI.iAM C. GOCity Councilor

RI

FE,~,u.•~ ..•

I HEREBY CERTIFY THAT THIS ORDINANCEHAS BEEN DULY APPROVED BYTHE

SANGGUNlANO PANLUNGSOD ON FEBRUARY U.lOU.

~~RI P. -PADILLAs" cre .:::. City Council

VINCE ER9.0r CHECO80to-Tem e

Malaya - February 25,2013