O90-55ORDINANCE NO.~90-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
DEALING WITH CONVENIENCE STORE SECURITY;
PROVIDING FOR SHORT TITLE; PROVIDING FOR
DEFINITION; PROVIDING FOR CONVENIENCE
STORE SECURITY MEASURES; PROVIDING FOR
TRAINING OF EMPLOYEES; PROVIDING FOR
NONCOMPLIANCE FEE ASSESSMENTS AND CIVIL
FINES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature enacted into law the
"Convenience Store Security Act," Chapter 90-346, Laws of
Florida; and
WHEREAS, the purpose of the Act is to protect
~onvenience store employees and the public from robbery and
· njury; and
WHEREAS, the Act provides
measures that must be taken
ordinance requiring same; and
WHEREAS, the City Commissioners
for a number of preventive
upon adoption of a local
of the City of Boynton
Beach, Florida, believe that the adoption of an ordinance as
such serves the health, safety and general welfare interests
of the residents of the City of Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Short Title.
This ordinance shall be known as and may be cited as
"The Convenience Store Security Ordinance of the City of
Boynton Beach, Florida."
Section 2. Definition.
As used in this ordinance, the term "convenience store"
means any place of business that is engaged in the retail
sale of groceries, including the sale of prepared foods, and
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. The term also does not
include any store in which the owner and members of his or
her family work in the store between the hours of 10:00
P.M., and 5:00 A.M.
Section 3. Convenience Store Security
Each convenience store located within the municipal
boundaries of the City of Boynton Beach shall:
(1) Be equipped with the following security
devices:
a) A silent alarm that notifies a private
security agency that a robbery is taking
place;
b) A security camera system capable of
returning an image to assist in the
identification and apprehension of a
robber; and
c) A drop safe or cash management device
that provides minimum access to the
facility's cash receipts;
Lighted parking lots illuminated at an
intensity of 2 foot-candles per square foot
with a uniformity ratio of no more than 5 to
1 at 18 inches above the surface;
Post a conspicuous sign in the convenience
store entrance which states that the cash
register contains fifty ($50.00) dollars or
less;
Maintain window signage so that there is a
clear and unobstructed view of the cash
register and transaction area;
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 ordinance is
applicable;
Install height markers at the entrance of the
establishment which display height measures
from the floor;
(2)
(3)
(4)
(5)
(6)
Section 4.
No later than
(7) 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; and
(8) Install safety enclosures constructed of
bullet-proof glass or, in the alternative,
provide two employees to be on duty at the
same time.
Training of Employees
June 30, 1991, the owner
or principal
operator of a convenience store shall provide proper robbery
deterrence and safety training to at least its employees who
work between the hours of 9:00 P.M., and 6:00 A.M. The
convenience store owner or operator may utilize a training
program of his or her choice, however, said program must be
submitted in writing to the Attorney General for approval.
Section 5. Noncompliance
Should any convenience store fail to comply with any of
the provisions of this ordinance, a fee shall be assessed at
the maximum rate allowed by law, not to exceed five thousand
($5,000.00) dollars per violation as provided for
hereinbelow.
If noncompliance with this ordinance is corrected
within ten (10) days after receipt of written notice of said
noncompliance, no fee will be assessed. However, any owner
or principal operator of a convenience store who willfully
and deliberately violates the requirements of this ordinance
shall be required to pay to the City of Boynton Beach, upon
filed by the City with the City Code Enforcement
civil fine of up to five thousand ($5,000.00)
a complaint
Board for a
dollars.
Section 6. Severability
If any section, paragraph, sentence, clause phrase or
word of this ordinance is for any reason held by the Court
to be unconstitutional, inoperative or void, such holding
shall not affect the remainder of this ordinance.
Section 7.
9rdinance.
Section 8.
immediately upon passage.
FIRST READING this
1990.
Authority is hereby granted to codify said
This ordinance shall become effective
SECOND, FINAL READING and PASSAGE this
~Z/~-/2f~,~ , 1990.
~69day of
ATTEST:
Ci~ Clerk
Commissioner
Commis~i~&r v
(c0rPora~e Seal)