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Home My WebLink About85-3 - Amending Chapter 5.49 of the Newport Beach Municipal Code Modifying Regulations for Alarm Systems and Permits to Add Alarm Systems installed and Operated on Vessels or VehiclesORDINANCE NO. 85 -3 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.49 OF THE NEWPORT BEACH M NICIPAL CODE MODIFYING REGULATIONS FOR ALARM SYSTEMS AND PERMITS TO ADD ALARM SYSTEMS INSTALLED AND OPERATED ON VESSELS OR VEHICLES The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 5.49.010 is amended to read as follows: 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. 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 a fire, hazard or intrusion into a building, structure, facility, vessel or vehicle requiring urgent attention and to which fire, police or other emergency equipment is expected to respond. 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 • • is 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. SECTION 2. Chapter 5.49.050 is hereby amended to read as follows: 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 and /or the Fire Chief determines that the permittee has violated any provision of this chapter, has violated any rules or regulations promulgated by the Chief of Police and /or the Fire Chief pursuant to the authority granted by this Chapter, or fails to pay a false alarm penalty as provided in Section 5.49.070 of the Newport Beach Municipal Code, the Chief of Police and /or the Fire Chief 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 and /or the Fire Chief to exist and that permittee has the right to appeal the determination of the Chief of Police and /or the Fire Chief to revoke the permit to the City Manager as provided in Section 5.494.060 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. SECTION 3. Chapter 5.49.060 is hereby amended to read as follows: 5.49.060 Notice of Appeal. If any permittee is aggrieved by any action of the Chief of Police and /or the Fire Chief pursuant to the provisions of Section 5.49.050 of the P4 Newport Beach Municipal Code, 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 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, the Fire Chief and any other interested party, 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, the Fire Chief, the City Manager, or his duly authorized representative, and his decision shall be final. SECTION 4. Chapter 5.49.070 is hereby amended to read isas follows: 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 and /or the Fire Chief, pursuant to an investigation conducted by the Chief of Police and /or the Fire Chief, 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 -yar period permittee shall pay a $100.00 false alarm penalty; (b) For the fourth and each subsequent false alarm within a one -year period, the permittee shall pay a $125.00 false alarm penalty. 3 In the event that permittee sustains three false alarms within a 12 -month period, the Chief of Police and /or the Fire • Chief, in addition to imposing the false alarm penalties provided herein, shall commence revocation proceedings, as provided for by Section 5.49.050 of the Newport Beach Municipal Code and shall revoke the permit within the time period provided in that hapter should permittee fail to demonstrate, to the satisfaction of the Chief of Police and /or the Fire Chief, 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 and /or the Fire Chief for false alarms, pursuant to the provisions of this Chapter. SECTION 5. Chapter 5.49.080 is hereby amended to read • as follows: 5.49.080 Alarm System Standards and Regulations. The Chief of Police and /or the Fire Chief shall adopt standards and regulations governing the installation of alarm systems, 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 and /or the Fire Chief. No fee or application shall be required for such registration. The Chief of Police and /or the Fire Chief may adopt a policy of not responding to signals from an alarm system if any person has been found to have violated the provisions of Newport • Beach Municipal Code Section 5.49.020, (Permit for Alarm System Required) continues to operate the alarm system after the alarm permit has been duly revoked as described in Newport Beach Municipal Code Section 5.49.050 (Suspension and Revocation of m • • :7 Permits) or has been found to have violated any of the provisions of Newport Beach Municipal Code Section 5.49.080, (Alarm System Standards and Regulations) SECTION 6. Chapter 5.49.085 is hereby added to the Newport Beach Municipal Code, to read as follows: 5.49.085 Permit Notification. The City Permit Number assigned to an alarm system by the Police Department shall be given to the Police and /or Fire dispatcher at the time a alarm is reported to the Police and /or Fire Corrmunications Center by an alarm company, a central monitoring station, a telephone answering service or any other business that monitors and reports alarms. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of February , 1985, and was adopted on the 11th day of 1985 by the following vote: ATTE T: City Clerk ORP /Alarm March t AYES, COUNCILMEMBERS Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS 5