HomeMy WebLinkAbout05 - Amending the NBMC Chapter 5.49 to Remove Fire False Alarms and to Authorize the Police Chief to Investigate Alarm Systems for PermittingQ SEW Pp�T
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<,FORN'P City Council Staff Report
March 23, 2021
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net
Jon Lewis, Police Chief - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Kevin Bass, Fire Marshal, 949-644-3108, kbass@nbfd.net
Jonathan Stafford, Deputy Director, 949-644-3650,
jstafford@nbpd.org
TITLE: Ordinance No. 2021-9: Amending the Newport Beach Municipal
Code Chapter 5.49 to Remove Fire False Alarms and to Authorize
the Police Chief to Investigate Alarm Systems for Permitting
ABSTRACT:
For the City Council's consideration, Ordinance No. 2021-9 will amend Newport Beach
Municipal Code Chapter 5.49 to remove references to fire false alarms; to authorize the
Police Chief as having authority for alarm system permitting; and to clarify the escalating
penalty charges. The attached ordinance was introduced, and a public hearing was held,
at the March 9, 2021 City Council meeting.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2021-9, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Chapter 5.49 (Burglary -
Robbery -Fire Alarm Systems) of the Newport Beach Municipal Code.
DISCUSSION:
On March 9, the City Council introduced Ordinance No. 2021-9 and held a public hearing
to amend Newport Beach Municipal Code (NBMC) Chapter 5.49. This item is the final
adoption of the ordinance amending NBMC 5.49 to remove fire false alarms and provide
for enforcement under NBMC 1.05 and the California Fire Code; to clarify the permitting
of burglary and robbery alarm systems by the Police Chief or designee; and to clarify the
false alarm fine schedule to reflect fine escalation as being within the calendar year and
resetting at the beginning of the following year.
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Ordinance No. 2021-9: Amending the Newport Beach Municipal Code Chapter 5.49 to
Remove Fire False Alarms and to Authorize the
Police Chief to Investigate Alarm Systems for Permitting
March 23, 2021
Page 2
If City Council adopts the proposed ordinance, the amended code will take effect 30 days
after adoption.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
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ATTACHMENT A
ORDINANCE NO. 2021- 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 5.49 (BURGLARY -ROBBERY -FIRE ALARM
SYSTEMS) OF THE NEWPORT BEACH MUNICIPAL
CODE
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges, or procedures
granted or prescribed by any law of the State of California;
WHEREAS, fire alarm systems and associated permits are required for certain
buildings and businesses prior to occupancy per the California Fire Code ("CFC"), the
California Building Code ("CBC'), and the Certificates of Occupancy issued by the
building official when such fire and life safety systems are installed. However, burglary
and robbery alarm systems are voluntary systems that are not required by either the
CFC or and CBC;
WHEREAS, Chapter 5.49 of the Newport Beach Municipal Code ("NBMC"),
regulates the issuance of burglary, robbery and fire alarm permits, and includes
provisions for the revocation of fire alarm permits for false alarms;
WHEREAS, the revocation of fire alarm permits for excessive false alarms would
create a conflict with the CFC and the CBC as well as the Certificates of Occupancy
issued for affected buildings and/or businesses that require fire alarm systems as a
condition of approval for occupancy;
WHEREAS, the 2019 Edition of the CFC, adopted by Section 9.04.010 of the
NBMC, and Chapters 1.05 and 1.12 of the NBMC provide the Fire Chief and his duly
authorized representative with the authority to issue notices of violations and
administrative citations to correct false alarms, independent of the authority listed in
Chapter 5.49 of the NBMC;
WHEREAS, the removal of all references to fire alarm, Fire Chief and fire false
alarms from Chapter 5.49 of the NBMC will not prevent the Fire Chief and his duly
authorized representative from addressing and correcting false alarm violations; and
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Ordinance No. 2021 -
Page 2 of 8
WHEREAS, the remaining provisions of Chapter 5.49 of the NBMC shall remain
as necessary for the administration of burglary and robbery alarm systems, including
the ability to charge fees and revoke these voluntary systems for excessive false alarms
allowing the Police Chief to maintain control of the burglary and robbery alarms systems
within the City.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 5.49 of the Newport Beach Municipal Code is hereby
replaced in its entirety and amended to read as follows:
Chapter 5.49
BURGLARY—ROBBERY ALARM SYSTEMS*
Sections:
5.49.010
Definitions.
5.49.020
Permit for Alarm System Required.
5.49.030
Application for Permit.
5.49.040
Application for Alarm Permit—Investigation.
5.49.045
Duration of Permit.
5.49.050
Revocation of Permits.
5.49.060
Notice of Appeal.
5.49.070
False Alarm Penalty.
5.49.080
Alarm System Standards and Regulations.
5.49.090
Prohibitions.
5.49.100
Fees.
5.49.110
Limitations on Liability.
5.49.120
Criminal Penalties.
5.49.130
Application of Chapter.
* Prior ordinance history: Ords. 1661 and 1704.
5.49.010 Definitions.
For the purpose of this chapter certain words and phrases shall be construed herein as
set forth in this section unless it is apparent from the context that a different meaning is
intended.
Ordinance No. 2021 -
Page 3 of 8
"Alarm agent" means any person employed by an alarm business whose duties include
the altering, installing, maintaining, moving, repairing, replacing, selling, servicing,
responding to (excluding public safety officer), or causing others to respond to an alarm
system in or on any building, structure, facility, vessel or vehicle.
"Alarm business" means any business carried on by any person who engages in the
sale, lease, maintenance, service, repair, alteration, replacement or installation of any
alarm or alarm system in or on any building, structure, facility, vessel or vehicle.
"Alarm system" means an assembly of equipment and devices arranged to signal the
presence of an intrusion into a building, structure, facility, vessel or vehicle or a robbery
other emergency requiring urgent attention and to which police are expected to
respond. Alarm systems include, but are not limited to, direct dial tone devices,
telephonic alarm systems, audible alarm and proprietor alarms. Devices which are not
designed or used to evoke a police response or used to register alarms that are
intended to be audible, visible or perceptible outside of the protected building, structure,
or facility are not included within this definition, nor are auxiliary devices installed by a
telephone company to protect its systems which might be damaged or disrupted by the
use of an alarm system.
"Appellant" means a person who perfects an appeal pursuant to this chapter.
"Applicant" means a person, firm or corporation who files an application for permit as
provided for in this chapter.
"Audible alarm" means a device designed for the detection of an intrusion on premises,
which generates an audible sound on the premises when it is actuated.
"City" means the City of Newport Beach.
"Day" means a calendar day.
"Person" means a person, firm, corporation, association, partnership, individual,
organization or company.
"False alarm" means the activation of an alarm system through mechanical failure,
accident, misoperation, malfunction, misuse, or the negligence of either the owner or
lessee of the alarm system or any of their employees or agents. A false alarm shall be
deemed to have occurred after an alarm dispatch request is received and the
responding officer finds no evidence of a criminal offense or attempted criminal offense
at the alarm site, but does not include an alarm dispatch which is cancelled by the alarm
user or permittee prior to the time the responding officer reaches the site.
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Ordinance No. 2021 -
Page 4 of 8
"Proprietor alarm" means an alarm, which is not regularly serviced by an alarm
business.
"Telephonic alarm system" means any mechanism, equipment or device, which is
designed to operate automatically through the use of public telephone facilities to
transmit a signal, message or warning to another location.
5.49.020 Permit for Alarm System Required.
No person shall install or use an alarm system without first obtaining an alarm permit
issued by the City in accordance with the provisions of this chapter.
5.49.030 Application for Permit.
Application for an alarm permit shall be filed with the Police Chief or designee on forms
provided by the City and the applicant shall, at the time of application, pay the fee
established by resolution of the City Council. The application shall be signed and
verified by the owner or lessee of the alarm system for which the permit is requested,
and the application shall contain such information as may be required by the Police
Chief or designee in order to ensure that the permit is issued in accordance with the
provisions of this chapter. Permits provided for in this chapter shall be issued by the
Police Chief or designee and shall be nontransferable.
5.49.040 Application for Alarm Permit Investigation.
Upon receiving an application from any person for an alarm permit, the Police Chief or
designee shall cause an investigation to be made of the system to be installed to
determine if the system complies with the requirements of this chapter. If the proposed
system complies with this chapter, the Police Chief or designee shall cause a permit to
be issued.
5.49.045 Duration of Permit.
Permits for private residences shall be valid for three years from the date of issuance.
Permits for nonresidential alarms shall be valid for one year from date of issuance.
Applications for renewal of permit shall be accompanied by a renewal fee established
by resolution of the City Council and any unpaid past due fees or fines. Permits will not
be renewed until all fees and fines have been paid.
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Ordinance No. 2021 -
Page 5 of 8
5.49.050 Revocation of Permits.
An alarm permit may be revoked as follows: If, after investigation, the Chief of Police
determines that the permittee has violated any provision of this chapter, or in the case
of telephonic alarm systems any provision of Chapter 5.48, or any conditions of the
permit or fails to pay a false alarm penalty as provided in Section 5.49.070, the Chief of
Police shall send to permittee, by registered mail, a notice of intent to revoke the permit,
which notice shall specify the violation or violations determined by the Chief of Police to
exist and that permittee has the right to appeal the decision to the City Manager as
provided in Section 5.49.060, and that failure of the permittee to remedy the violation or
violations specified in the notice of revocation within the fifteen (15) day appeal period,
or within such additional time as may be allowed by the Chief of Police upon a showing
of good cause therefore, then the alarm permit shall be considered revoked. No new
alarm permit application may be made for a period of six months after the permit is
revoked, unless waived for good cause by the Chief of Police.
5.49.060 Notice of Appeal.
A. If any permittee is aggrieved by any action of the Chief of Police pursuant to the
provisions of this chapter, the applicant may appeal to the City Manager, by filing with
the City Manager, a notice of appeal setting forth the facts and circumstances regarding
the appeal. This notice of appeal shall be filed not later than fifteen (15) days after
service of a notice of revocation as provided for in Section 5.49.050. The City Manager,
or duly authorized representative, shall, within fifteen (15) days from the date on which
the appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm
permittee, the Chief of Police and any other interested party, make findings and
determine the merits of the appeal.
B. The City Manager, or his duly authorized representative, may affirm, overrule or
modify the decision of the Chief of Police and his decision shall be final.
5.49.070 False Alarm Penalty.
A. Any person who maintains, uses or possesses an alarm system, and which alarm
has caused any signal, message or alarm to be transmitted to the Police Department,
either by direct telephone or other direct communication or by communication from an
alarm agent or an alarm business, or by a person responding to an audible alarm and
which alarm is determined to have been a false alarm by the Chief of Police, shall pay a
false alarm penalty as provided below:
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Ordinance No. 2021 -
Page 6 of 8
Fifty dollars ($50.00) for a third false alarm within a calendar year (defined as
January 1 to December 31).
One hundred dollars ($100.00) for a fourth false alarm within a calendar year.
One hundred twenty-five dollars ($125.00) for a fifth false alarm within a calendar
year.
Additional twenty-five dollars ($25.00) increase for each subsequent false alarm
within a calendar year. For example, one hundred fifty dollars ($150.00) for a sixth
false alarm; one hundred seventy-five dollars ($175.00) for a seventh, etc.
B. In the event that the permittee sustains six false alarms within a year, the Chief of
Police, in addition to imposing the false alarm penalties provided herein, may
commence revocation proceedings, as provided for by Section 5.49.050.
C. Notice of false alarm penalties shall be served, and false alarm penalties may be
appealed in the manner provided in Sections 1.05.030 through 1.05.110 of this Code.
5.49.080 Alarm System Standards and Regulations.
A. The Chief of Police shall adopt standards and regulations governing the
installation, maintenance and operation of alarm systems, which may be included as
conditions to the permit, and may specify the type of equipment to be utilized to aid or
assist responding emergency equipment. No person shall engage in the business of an
alarm agent unless the name of that person and a copy of that person's State
identification card is submitted to the Chief of Police. No fee or application shall be
required for such registration.
B. The Chief of Police may adopt a policy of not responding to signals from an alarm
system if any person continues to operate an alarm system after the alarm permit has
been duly revoked as described in Section 5.49.050 of this chapter.
5.49.090 Prohibitions.
No person shall install or use an alarm system, which, upon activation, emits a sound
similar to sirens in use for emergency vehicles or civil defense purposes.
5.49.100 Fees.
Fees prescribed heretofore in this chapter shall be in addition to any other lawful fees
imposed by the City for doing or conducting business within the City.
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Ordinance No. 2021 -
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5.49.110 Limitations on Liability.
The City is under no obligation or duty to any permittee or any other person by reason
of any provision of this chapter, Chapter 5.48 or the exercise of any privilege by any
permittee hereunder, including but not limited to any defects in an alarm system, any
delay in transmission of an alarm message to any emergency unit or damage caused by
delay in responding to any alarm by any City officer, employee or agent.
5.49.120 Criminal Penalties.
Any person who violates the provisions of Sections 5.49.020, 5.49.070, 5.49.080 or
5.49.090 shall be guilty of an infraction.
5.49.130 Application of Chapter.
Any person who, on the effective date of the ordinance codified in this chapter,
possesses, has installed or uses an alarm system, which requires a permit under this
chapter shall apply for and receive a permit, as provided in this chapter, within six
weeks after the effective date of said ordinance.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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Ordinance No. 2021 -
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Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall become effective
thirty (30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of March, 2021, and adopted on the 23rd day of
March, 2021, by the following vote, to -wit -
AYES:
NAYS:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAR N C. HARP, CITY ATTORNEY
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