HomeMy WebLinkAboutO-90-14ORDINANCE NO.: 0-~0-14
A ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A CONVENIENCE STORE SECURITY
ORDINANCE; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN; PROVIDING FOR DEFINITION;
PROVIDING FOR REQUIREMENTS OF CONVENIENCE STORE SECURITY
MEASURES; PROVIDING FOR THE TRAINING OF EMPLOYEES IN
CONVENIENCE STORES; PROVIDING FOR FINES AND PENALTIES FOR
VIOLATION; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVE~ABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the State legislature has found that many convenience
stores operating during the night and early morning hours are at
risk for robberies; and
WHEREAS, the State legislature has further found that certain
minimum security requirements are helpful in protecting convenience
store employees, and the consuming public, from robbery and
injuries; and
WHEREAS, the State legislature has mandated that each local
government in which a death, serious injury, or sexual battery has
occurred during the commission of a theft or robbery at a
convenience store in its jurisdiction within twelve (12) months
proceeding September 31, 1990, shall adopt an ordinance for the
protection of convenience store employees and the consuming public;
and
WHEREAS, the City of Sebastian falls within the mandates of
the "Convenience Store Security Act" (Chapter 90-346, Laws of
Florida) enacted by the State legislature; and
WHEREAS, the city of Sebastian wishes to protect the employees
and the consuming public of convenience stores, from the risks of
death, serious injury, or sexual battery that may occur during the
commission of a theft or robbery of a convenience store.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. That Chapter 22 of the Code of Ordinances of
the City of Sebastian is hereby amended in its entirety to read as
follows:
,,Seo. 22-1.
Convenience
Definitions.
Store - As used in this chapter, the term
"convenience store" means any place of business that is engaging
in the retail sale of groceries, including the sale of prepared
foods, gasoline and services, that is regularly open for business
at any time between the hours of 10:00 p.m. and 5:00 a.m., and that
is attended during such hours by one employee. The term
"convenience store" does not include a store which is solely or
primarily a restaurant.
Se~. 22-2. Convenience Store Security. Each convenience
store located within the city of Sebastian shall:
1. Be equipped with a silent alarm that notifies local law
enforcement or a private security agency that a robbery is taking
place.
2. Be equipped with a security camera system capable of
retrieving an image to assist in the identification and
apprehension of a robber.
2
3. Be equipped with a drop safe or cash management device that
provides minimum access to the facility's cash receipts.
4. Be equipped with a lighted parking lot illuminated at an
intensity of two foot lighted candles per square foot with the
uniformity ratio of no more than 5-1 at ten inches above the surface.
5. Post a conspicuous sign in the convenience store entrance
which states that the cash register contains $50.00 or less.
6. Establish a cash management policy to limit the amount of
available cash on hand between the hours of 9:00 p.m. and 6:00 a.m. to
S50.O0 or less.
7. Maintain window signage so that there is a clear and
unobstructed view of the cash register and transaction area.
8. Prohibit window tinting on the windows of the establishment
if such tinting reduces exterior or interior viewing during the hours
of operation to which this chapter is applicable.
9. Install height markers at the inside of the entrance of the
establishment which display height measurements from the floor.
Sec. 22-3. Training of Employees.
a. No later June 30, 1991, the owner or principal operator of a
convenience store shall provide proper robbery deterrents and safety
training to all employees who work between the hours of 9:00 p.m. and
6:00 a.m.
b. The City of Sebastian shall promulgate a program of minimum
training for convenience store employees no later than February 1,
1991.
February 1, 1991.
c. The City of Sebastian's proposed training program shall
be forwarded to the attorney general's office for approval, as
required by Chapter 90-346, Laws of Florida, no later than February
1, 1991.
d. The city of Sebastian shall have no liability for
promulgating a minimum program of training required under this
section.
e. The city's program shall, at a minimum, require the
training and familiarization of store employees with the store's
security principals, devices, and measures as required by this
chapter.
Sec. 22-4. Fines and Penalties.
a. Violations of any of the provisions of this chapter shall
be punishable as provided in Section 1-10 of the Code of Ordinances
of the City of Sebastian.
b. The City of Sebastian may obtain injunctive relief to
restrain or prohibit any violation of this chapter.
c. The occupational license for any establishment may be
revoked by the City Council upon proof of willful violation of this
chapter.
d. In addition, failure to meet the requirements of this
chapter, within ten (10) days after written notice of a non-
compliance by the city of Sebastian, shall result in a fine not to
exceed $5,000.00. Any fine imposed pursuant to this section may
be recoverable through an action at law at any time after said fine
is imposed.
e. In addition, any willful or deliberate violation of the
requirements of this chapter shall result in a fine of $5,000.00.
Any fine imposed pursuant to this section shall be recoverable
through an action at law at any time after said fine is imposed.,,
SECTION 2. CODIFICATION. It is the intention of the City
Council of the city of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that the
words "ordinance" may be changed to "section", "article", or other
appropriate designation.
SECTION 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it will be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision there
by causing said remainder to remain in full force and effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by Councilman
,_f,"'~tt~"t~-~'"¢~'lf-' The motion was seconded by
Councilman ~'"'~.../~/~.~ and, upon being put to a vote,
the vote was as follows:
Mayor W.E. Conyers
vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~~day of'--'~?/Z~~....., 1990,
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Kathry~M. O'Ha-~lloran, CMC/AAE
City Clerk
-W.E. C~s, Mayor
(Seal)
i HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one~ublic hear%n~ was held on this
Ordinance at 7:00 p.m. on _//~z~ day of /~c3 , 1990, and
that the following said public hearing on this ordinance was passed
by the city Council.
~thryn/~. O Halloran, CMC/AAE
city Clerk
Approved as to form and content:
~har~es ~an Nash, city Attorney