(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE SPACE. Any location wherein an individual would reasonably expect his or her person and activities to remain private and unobserved, including, but not limited to, washrooms, restrooms, toilets, rooms which have been designated for breastfeeding, fitting rooms, tanning salon booths, changing rooms, locker rooms and showers. PRIVATE SPACE shall not include areas of any bank, financial establishment, restaurant establishment, retail establishment, medical or dental office where customers and/or patients may be assisted by employees in the routine course of business exclusive of the foregoing enumerated private spaces.
VIDEO SURVEILLANCE DEVICE. Any video camera or any other electronic surveillance device capable of transmitting images and/or sounds, whether hidden or in plain view, excluding personal camera phones when such devices are not used to record or transmit images or sounds of individuals other than the owner.
VISUAL SURVEILLANCE DEVICE. Any device, building material, structural element or other means of observing a space, whether hidden or in plain view, including but not limited to one-way mirrors, two-way mirrors, clear or semi-transparent glass or mirrors and peep holes.
(B) Any person who installs, maintains or permits any video surveillance device or visual surveillance device in any private space shall be guilty of invading the privacy of another.
(C) Exceptions. This section shall not apply to the following:
(1) In local public penal, correctional, custodial or medical institutions which are used by or for the treatment of persons who are committed or voluntarily confined to such institutions or who voluntarily receive treatment therein;
(2) In private custodial or medical institutions, which are used by or for the treatment of persons who are committed or voluntarily confined to such institutions or voluntarily receive treatment therein;
(3) In public or private treatment facilities which are used by or for the treatment of persons who are committed or voluntarily confined to such facilities or voluntarily receive treatment therein;
(4) In buildings operated by local, state or federal law enforcement agencies; or
(5) In offices of or classrooms of public or private educational institutions.
(D) Any individual holding a license issued by the city, including, but not limited, to a business license and/or a liquor license, who is found guilty of a violation of this section may be subject to the suspension or revocation of said license.
(E) Administrative adjudication. Any person issued notice of a violation of this section may request an administrative hearing pursuant to Chapter 292.
(F) Hearing procedures not exclusive. The use of the administrative adjudication procedure for the enforcement of this section shall not preclude the city from using other methods to enforce this section.
(Ord. 15-26, passed 6-9-2015)