ORDINANCE 17 -18

AN ORDINANCE AMENDING CHAPTER 12, OFFENSES AND MISCELLANEOUS
PROVISIONS, ARTICLE I, GENERAL PROVISIONS, CITY OF CAPE CORAL CODE OF
ORDINANCES TO. CREATE SECTION 12-8, RETAIL GAS PUMP SECURITY MEASURES;
ESTABLISHING SECURITY MEASURE REQUIREMENTS FOR OWNERS AND
OPERATORS OF RETAIL GAS PUMPS; PROVIDING SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 166.021, Florida Statutes, municipalities may exercise their powers for
municipal purposes and to preserve the health, safety, and general welfare of its residents, except when
expressly prohibited by law; and
WHEREAS, the use of credit card skimmers at gas stations throughout the City of Cape Coral is a
growing concern; and
WHEREAS, credit card skimmers are devices that thieves install on gas station pumps, which accept
payment via a credit or debit card, to illegally capture and steal the customer's credit or debit card
information; and
WHEREAS, the City Council finds that the security measures required by this ordinance will help
protect consumers from credit card skimmers and identity theft at gas station pumps; and
WHEREAS, the City Council hereby finds that this ordinance is in the best interest of the public health,
safety, and welfare.
NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS THIS
ORDINANCE AS FOLLOWS:
SECTION 1. The City of Cape Coral Code of Ordinances, Chapter 12, Article I, Section 12-8, is
hereby created to read as follows:

§ 12-8 Retail gas pump security measures.
(a)
The following words. terms. and phrases, when used in this section, shall have the
meanings set forth herein, except where the context clearly indicates a different meaning:

GAS PUMP shall mean a machine or device used to dispense petroleum fuel for sale to the
public at retail.
PAYMENT CARD shall have the same meaning as defined in§ 817.625, Florida Statutes,
as may hereafter be amended.
SCANNING DEVICE shall have the same meaning as defined in § 817.625, Florida
Statutes, as may hereafter be amended.
(b)
Every owner or operator of a gas pump in the City of Cape Coral shall have affixed
to or installed onto the exterior of any gas pump, which contains a scanning device, a visible gas
pump panel locking device that requires an access key unique to each gas station location to restrict
the unauthorized access of customer payment card information. The access key shall be maintained
at the gas station at all times. As an alternative to the foregoing security measure, an owner or
operator of a gas pump in the City may affix or install onto any gas pump that contains a scanning
device one (1) or more of the following security measures:
(1)
A device or system that will render the gas pump, or the scanning device in the gas
pump, inoperable if there is an unauthorized opening of the gas pump panel; or
(2)
A device or system that encrypts the customer payment card informati<:m in the
scanning device.
Owners and operators of gas pumps that choose to install an alternative security
measure pursuant to this section shall demonstrate compliance with this section to a City official

 upon request. Gas pumps that have been found in compliance with this Section 12-8 by the City
may be appropriately marked by the City for identification purposes.
(c)
A security measure affixed to or installed onto a gas pump pursuant to Subsection
(b) shall be maintained by the owner and operator in good working condition at all times.
(d)
Failure to comply with this Section 12-8 shall constitute a violation of Section 12-8,
and shall subject the owner or operator to the code enforcement provisions and procedures
provided in Sections 2-81 through 2-96, Cape Coral Code of Ordinances. Violations of this Section
12-8 shall be punishable by a fine of not less than $250.00 per gas pump. Each day that a violation
exists shall constitute a separate and distinct violation.
SECTION 2. Severability. In the event that any portion or Section of this ordinance is determined
to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in
no manner affect the remaining portions or Sections of this ordinance which shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall become effective on May 1, 2018.

ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR
SESSION THIS
DAY OF
, 2018.

JOE COVIELLO, MAYOR

VOTE OF MAYOR AND COUNCILMEMBERS:
NELSON
STOKES
WILLIAMS
COSDEN

COVIELLO
GUNTER
CARIOSCIA
STOUT

ATTESTED TO AND FILED IN MY OFFICE THIS _ _ _ DAY OF _ _ _ _ __
2018.

REBECCA VAN DEUTEKOM
CITY CLERK

TO FORM:

JOH E. NACLERIO, III
ASSI TANT CITY ATTORNEY
Ord/GasPump Security Measures

1/23/18

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