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AN ORDINANCE REQUIRING REGISTRATION AND ESTABLISHING STANDARDS FOR SAFETY AND SECURITY OF PRIVATELY OPERATED AUTOMATED TELLER MACHINES (ATMs ) LOCATED IN THE CITY OF NEWARK, NEW JERSEY, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED.
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WHEREAS, Automated Teller Machines (ATMs) provide a valuable service to residents, businesses, commuters, and visitors of the City of Newark, New Jersey; and
WHEREAS, the use of ATM's to conduct banking transactions in the City of Newark has proliferated; and
WHEREAS, the location of many of these ATMs in addition to the time of the day and night they are used, present risk of robbery and other related crimes for users of these machines; and
WHEREAS, identity theft has been recognized as one of the fastest growing crimes in America and privately owned ATM's are particularly susceptible to money, laundering, and fraud; and
WHEREAS, no license, or permits are currently required for private ATM's making their owners untraceable and handicapping law enforcement efforts to locate potential sources of identity or monetary theft; and
WHEREAS, at present privately owned ATM's are unregulated by federal, state, or local government and have no uniform set of standards for security; and
WHEREAS, the Municipal Council has determined a need to protect Newark resident and visitors using ATM's in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, are hereby amended to include the following new ordinance:
Section 1.1 Definitions.
When used in this ordinance, the following terms shall have the following meanings:
1. AUTOMATED TELLER MACHINE, a device, linked to a banking organization's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
2. ATM OPERATOR, a person, organization, or company operating a private ATM, but shall not in any event mean an EFT network. Generally, the operator is the person who provides the service by which the physical ATM is connected through wired or wireless services to the banking network in order to conduct the transactions through the private ATMs, whether to receive cash, make a balance inquiry or deposit funds, if such is allowed by the ATM itself.
3. ATM PLACEMENT AGREEMENT, an agreement between a merchant and a private ATM operator or a merchant and a distributor representing a private ATM operator regarding the operation of a private ATM at a specified site, including the merchant's place of business.
4. BANK ACCOUNT, as this term is used in the vernacular, including but not limited to any fund, account or other place where a person can deposit his or her money so that it is protected by federal banking laws or Security and Exchange Commission rules.
5. CITY, means the City of Newark.
6. CONSUMER or CUSTOMER, a person or other entity conducting a transaction at a private ATM.
7. DISTRIBUTOR, a person, other than a private ATM operator, who owns, invests in, or leases a private ATM or enters into a private ATM placement agreement with a merchant and subsequently contracts with a private ATM operator for operating the private ATM.
8. EFT NETWORK, one or more electronic funds transfer networks that are available to financial institutions that enable the transfer of funds in and out of a customer's bank account when the customer completes a monetary transaction at an ATM, including private ATMs.
9. FINANCIAL INSTITUTION, a bank, savings association, or credit union or any affiliate or subsidiary thereof, which is recognized as such by the federal Gramm-Leach Bliley Act of 1999 (12 U.S.C. § 1811).
10. MERCHANT, the owner or lessee who has possession of the location or premises at which a private ATM is installed and made available to the merchant's customers or invitees. A merchant may own or lease a private ATM without being considered a distributor, provided that the private ATM is intended solely for placement in that merchant's location or premises.
11. MONETARY TRANSACTION, the act of accessing an account at a financial institution with a credit card, debit card, or other bank card at a private ATM for the purpose of making cash withdrawals, balance inquiries, deposits, fund transfers from or to the account, or engaging in any other transaction.
12. OPERATING AN ATM or OPERATING THE ATM, the process of maintaining or providing the connection of a private ATM to any EFT network, regardless of who holds legal or equitable title in and to the private ATM.
13. PIN or PERSONAL IDENTIFICATION NUMBER, a series of numbers that identifies a cardholder and permits use of the card.
14. PRIVATE AUTOMATED TELLER MACHINE or PRIVATE ATM, any automated teller machine that is not subject to federal or state banking regulations used to gain access to a person's money in a bank account. Which is owned by a non-financial institution and is a cash dispensing ATM that cannot accept deposits.
15. SPONSORSHIP AGREEMENT, the agreement between a financial institution and the private ATM operator that governs the operation of a private ATM within an EFT network.
Section 1.2 Applicability.
This ordinance shall apply to any private automated teller machine located in any building, structure or space where the primary purpose of function of which is unrelated to the provision of financial services to the public, including but not limited to office buildings, restaurants, bar, supermarkets, airport, train stations, and school buildings; and to provide automated teller machine services in the City of Newark, as of the effective date of this ordinance.
Section 1.3 Security Measures.
The following safety rules apply to all private ATMs;
A. All private ATMs must be in well-lit areas;
B. All private ATMs must have devices, such as mirrors or other reflective panels, that allow consumers to see behind them as they conduct their transactions. Such devices may be affixed to, or stand independently of, the private ATM;
C. No private ATM shall be placed or located on a sidewalk (in the right of way) in the City of Newark.
Section 1.4 Registration of Private ATMs.
A. Any private ATM operator, distributor and merchant operating or has in service a private ATM in the City of Newark shall register those ATM's with the Department of Neighborhood and Recreational Services of the City of Newark.
B. If the private ATM operator or distributor is also registered with at least one EFT network through a sponsorship agreement with a financial institution that is a member of the EFT network, such EFT registration information shall accompany private ATM registration with the Department. Every subsequent ATM registration by an individual or business shall reference such first registration, and must contain any and all new information not presented with such prior registrations.
C. Each time a private ATM machine is moved from its currently registered location to another location within the City of Newark, it must be re-registered.
D. With respect to any private ATM placed into use prior to the effective date of this ordinance, the ATM operator, or the distributor, and the merchant shall, between those parties, decide which one of them will comply with all of the requirements listed in Subsections A through D by 60 days from effective date of this ordinance.
Section 1.5 Requirements for registered private ATMs.
All private ATM operators, distributors and/or merchants in the City of Newark shall:
A. Comply with all EFT network operating rules and all local, state, and federal regulations governing the operations of its private ATMs; and
B. Maintain comprehensive and verifiable inventory procedures and establish controls that identify the location of all of the private ATMs that they operate or have distributed or possess, that are available for use by the public in the City of Newark; and
C. Post in a conspicuous place on the front of each private ATM a notice in at least twenty-four-point type setting forth:
1) The name of the merchant and the private ATM operator or distributor;
2) A telephone number of the private ATM operator or distributor;
3) The Federal Trade Commission's identity theft telephone hotline phone number, currently 1-877-id-theft;
4) The fee charged to use the private ATM and the maximum amount that can be withdrawn in any single transaction; and
5) The following statement: "Protect your identity: safeguard your card and PIN number, and take your receipt."
Section 1.6 Enforcement.
The Director of Neighborhood and Recreation Services through the Division of Inspections in the Department of Neighborhood and Recreational Services shall conduct annual inspections and enforce the provisions of this Ordinance.
Section 1.7 Other Applicable Laws.
This ordinance has no impact on or intent to affect bank, accounts, federal and state banking procedures or banking regulations, as such is not within the jurisdiction of the City of Newark. Nothing in this ordinance shall be interpreted or construed to modify, amend, suspend, supersede, or cancel any EFT network rule or regulation.
Section 1.8 Penalties.
Anyone found to be in violation of any provisions of this Ordinance shall have ten (10) business days to correct such violation(s). If not corrected within ten (10) business days, the violator shall be subject to a civil penalty of not more than $250.00 for the first offense and a civil penalty of not more than $500.00 for a second or subsequent offense. Each violation of any provision of this Ordinance with respect to a particular automated teller machine facility shall be considered a separate violation thereof.
Section 2. If any provision of this ordinance is held to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect.
Section 3. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance establishes standards for safety and security and requires the registration of privately operated automated teller machines (ATMs), located in the City of Newark, New Jersey and prohibits the placement or location of ATM's on City of Newark sidewalks.