$250 Per Day Fine for Not Having Security Cameras?

This month White Plains, NY common council passed a new ordinance that requires video surveillance systems in several types of businesses.  These businesses include any business open between 12:00am and 4:00am as well as all business that sell alcohol, pharmacies, pawn shops, check cashing businesses and business that buy & sell precious metals.  The ordinance requires that each entrance or exit which is regularly used by customer or employees should have video coverage of not only the doorway, but also activity within 15 feet of the entrance/exit.  This video needs to be stored for at least 7 days and record at a minimum of 8 frames per second.  If a business fails to comply will incur a $250 fine and/or 15 days in prison for each day the system is not operational.  It’s estimated that this ordinance will apply to about 250 businesses in White Plains when it goes into effect in Feburary 2015.

Many of these types of businesses already have some sort of video surveillance system that meets most if not all of the technical specifications of the new ordinance.  Most of the grumbling seems to be associated with the operating procedures in the ordinance, specifically section 2-25-2-b.  It states:

“The recordings made by video cameras installed and maintained pursuant to this Chapter must be made available to the White Plains Department of Public Safety upon its demand for purposes of an official investigation or when approved by the Commissioned of Public Safety or his/her designee.”

This could be interpreted to mean that the police can effectively seize the video for the last 7 days, without a warrant, even if the offense in question only happened yesterday.   There are many ordinances in cities and towns across the country requiring video surveillance systems for certain types of businesses, just like there are ordinances that require fire suppression systems or that enforce certain practices with electrical wiring.  However, this may be the first ordinance that requires business owners to hand over video to authorities without a warrant.

This ordinance will most likely be challenged as soon as White Plains attempts to fine a business for non-compliance, if not before.   We will keep watch on this closely and post updates as they occur.