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HomeMy WebLinkAbout1898 - Amending Title 5, Chapter 5.49, of the Newport Beach Municipal Code Relating to Burglary, Robbery and Fire Alarm SystemsORDINANCE NO. 1898 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 5, CHAPTER 5.49, OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO BURGLARY, ROBBERY AND FIRE ALARM SYSTEMS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Title 5, Chapter 5.49 of the Newport Beach Municipal Code is amended as follows: Sections: 5.49.010 5.49.020 5.49.030 5.49.040 • 5.49.050 5.49.060 5.49.070 5.49.080 5.49.090 5.49.100 5.49.110 5.49.120 5.49.130 Definitions Permit for Alarm System Required Application for Permit Application for Alarm Permit - Investigation Suspension or Revocation of Permits Notice of Appeal False Alarm Penalty Alarm System Standards and Regulations Prohibitions Fees Limitation on Liability Criminal Penalties Application of Chapter 5.49.010 Definitions For the purpose of this Chapter cer- tain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a diff- erent meaning is intended. Alarm Agent means any person employed by an alarm business whose duties include the altering, installing, maintain- ing, 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 or facility. 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 systems in or on any building, structure or facility. Alarm System means any mechanical or electrical device which is designed or used for the detection of fire, in- trusion into a building, structure or facility, or for alerting others of an event within a building, structure or facility, which event causes a local audible alarm or transmission of a signal or message. Alarm systems include, but are not limited to, direct dial tone devices, audible alarm and proprietor alarms. Devices which are not designed or used to evoke a police or fire 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 disrupt- ed 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 a fire or 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, associa- tion, partnership, individual, organization or company. Proprietor Alarm means an alarm which is not regularly serviced by an alarm business. 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. False alarms shall not include alarms caused by acts of God, the malfunction of telephone lines, circuits or other causes which are beyond control of the owner or lessee of the alarm system. 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.of Newport Beach in accordance with the provisions of this chapter. 5.49.030 Application for Permit. Application for an alarm permit shall be filed with the Finance Director 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 City Manager 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 Finance Director and shall be non - transferable. 5.49.040 Application for Alarm Permit - Investigation. Upon receiving an application from any person for an alarm permit, the City Manager 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 Finance Director shall cause a Permit to be issued. An alarm permittee may be allowed a direct connection to the Newport Beach Police Department Alarm System, 3 provided facilities are available for direct connection. Each • alarm permit holder whose system directly connects with the Newport Beach Police Department shall pay to the City on or be- fore July 1st of each year, a fee set forth by resolution of the City Council. This section shall not be construed to permit telephonic alarm systems which are regulated pursuant to Chapter 5.48 of this Code. 5.49.050 Suspension and Revocation of Permits. An alarm permit may be suspended and /or revoked as follows: (a) If, after investigation, the Chief of Police determines that the permittee has violated any provision of this chapter, has violated any rules and regulations promulgated by the Chief of police pursuant to authority granted by this chapter, or fails to pay a false alarm penalty as provided in Section 5.49.070, the Chief of Police shall send to the 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 determina- tion of the Chief of Police to revoke the permit to the City Manager, as provided in Section 5.49.060 of the Newport Beach Municipal Code, and that failure of the permittee to remedy the violation or violations specified in the notice of revocation within said fifteen -day period, or within such additional time as may be allowed by the Chief of Police upon a showing of good cause therefor, then the alarm permit shall be considered revoked and the alarm system shall remain unused until a new permit is issued. 5.49.060 Notice of Appeal. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of • Section 5.49.050 of the Newport Beach Municipal Code, the appli- cant may appeal to the City Manager, by filing with the City Manager, a Notice of Appeal, setting forth the facts and circum- 4 stances 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 of this chapter. 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 inter- ested parties, make findings and determine the merits of the appeal. The City Manager, or his duly authorized representative, may affirm, overrule or modify the decision of the Chief of Police and the decision of the City Manager, or his duly authorized representative, shall be final. 5.49.070 False Alarm Penalty. Any person who maintains, uses or possesses an alarm connection to the Police Alarm System or Fire Alarm System, and which alarm has caused any signal, • message or alarm to be transmitted to the Fire Department or 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, pursuant to an investigation conducted by the Chief of Police, shall pay a false alarm penalty to the City of Newport Beach, as follows: (a) For the second false alarm within a one - year period, permittee shall pay a $50.00 false alarm penalty; (b) For the third false alarm within a one -year period permittee shall pay a $100.00 false alarm penalty; (3) For the fourth and each subsequent false alarm within a one -year period, the per- mittee shall pay a $125.00 false alarm penalty. In the event that permittee sustains three false alarms • within a 12 -month period, the Chief of Police, in addition to imposing the false alarm penalties provided herein, shall commence revocation proceedings, as provided for by Section 5 5.49.050 and shall revoke the permit within the time period • provided in that Chapter should permittee fail to demonstrate, to the satisfaction of the Chief of Police, that the alarm system is in good working order. Failure to pay false alarm penalties as provided herein shall be grounds for revocation of the permit. The permittee has the right of appeal as specified in Section 5.49.060, with respect to penalties imposed by the Chief of Police for false alarms, pursuant to the provisions of this Chapter. 5.49.080 Alarm System Standards and Regulations. The Chief of Police shall adopt standards and regulations governing the installation of alarm systems and pertinent equipment to ensure that those systems meet or exceed the high standards of the in- dustry and of standards which may hereafter be established by any Governmental agency having jurisdiction thereof.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. 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 ordinance shall be in addition to any other lawful fees imposed by the City Of Newport Beach for doing or conducting business within the City of Newport Beach 5.49.110 Limitations on Liability The City of Newport Beach is under no obligation or duty to any permittee or any other • person by reason of any provision of this chapter, or the exercise of any privilege by any permittee hereunder, including but not limited to any defects in a police or fire alarm system, any delay in transmission of an alarm message to any emergency C1 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 a misdemeanor. 5.49.130 Application of Chapter Any person who, on the effective date of this ordinance, possesses, has installed or uses an alarm system which requires a permit under this Chapter shall apply for an receive a permit, as provided in this Chapter, within six (6) weeks after the effective date of this ordinance. SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th • day of Dec. , 1981, and was adopted on the 11th day of January , 1982, by the following vote, to wit: ATTE T: G City Clerk 0 12/14/81 AYES, COUNCIL MEMBERS Hart, Cox, Heather, Maurer,.Plummer. Hummel, Strauss NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None 7