HomeMy WebLinkAbout94-46 - Amending Section 1. 12.020 of Chapter 1. 12, Chapter 5.48, and Chapter 5.49 of the Newport Beach Municipal Code Regarding Alarm Systems•
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ORDINANCE 94 -46
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
1. 12.020 OF CHAPTER 1. 12, CHAPTER 5.48,
AND CHAPTER 5.49 OF THE NEWPORT BEACH
MUNICIPAL CODE REGARDING ALARM SYSTEMS.
The City Council of the City of Newport Beach does hereby ordain as
follows:
Section 1: Section 1. 12.020 of Chapter 1.12 of the Newport Beach
Municipal Code, is hereby amended to read as follows:
1. 12.020 NBMC Authority of Public Officers or Employees to Issue
Citations. The following designated public officers and employees all have
the power to issue citations for violations of the ordinances and laws
specified in this section:
(1) Animal Control Officers shall have the power to issue citations for
any violation of Titles 7 and 12 of this Code, Section 10.12.010 of this
Code, the Fish and Game Code, and the provisions of the Health and Safety
Code of the State of California that pertain to animals.
(2) Community Services Officers, Parking Control Officers and Police
Cadets shall have the power to issue citations for any violation of Title 12 of
this Code, and Sections 4000, 4454, 5200, 5202, 5204, 22500, 22502,
22505, 22514, 22515, 22516, 22520, and 22700 of the Vehicle Code of
the State of California.
(3) Community Services Officers shall have the power to issue citations
for any violation of Chapter 5.48, 5.49, and 5.50 of Title 5 of this Code.
(4) The Marine Director, and members of the staff designated by the
Marine Director, shall have the power to issue citations for any violation of
Titles 11, and 17 of this Code, Chapters 7.04, 7.16 and 7.20 of this Code,
Sections 6.04.060, 6.04.200 and 10.06.010 of this Code, the Fish and
Game Code of the State of California, Title 14 of the California
Administrative Code, the provisions of the Health and Safety Code of the
State of California that pertain to animals and the provisions of Chapter 5 of
Division 3 of the Harbors and Navigation Code of the State of California.
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(5) The Marina Park Manager shall have the power to issue citations
for any violation of Chapter 12.40 of this Code.
(6) The Revenue Manager, License Supervisor and all License
Inspectors shall have the power to issue citations for any violation of Titles
3, 5, 6, and 10 of this Code, Section 12.40.060 of this Code and Chapters
12.62 and 12.6.3 of. this Code.
(7) The General Services Director and Department staff designated by
the Director, shall have the power to issue citations for any violation of
Chapter 6.04 of this Code.
(8) The Code Enforcement Supervisor and Code Enforcement Officers
shall have the power to issue citations for any violation of Title 20 of this
Code.
(9) The Building Director and the Chief Building Inspector shall have
the power to issue citations for any violation of Title 15 of this Code.
(10) The Fire Chief, and members of staff designated by the Fire Chief,
shall have the power to issue citations for any violation of Title 9 of this
Code, Sections 22500.1 and 22514 of the California Vehicle Code, any
provision of state or local law related to fire suppression or fire prevention
and any provision of state or local laws pertaining to the handling, use,
storage or disposal of hazardous materials or waste or any violation of
Chapter 5.48 or 5.49 of this Code.
(11) The Municipal Compliance Officer who may be employed by
contract shall have the power to issue citations for any violation of the
Newport Beach Municipal Code.
Section 2: Chapter 5.48 of the Newport Beach Municipal Code is
hereby amended to read as follows:
Sections:
Chapter 5.48
TELEPHONIC ALARM SYSTEM
5.48.010 Intent
5.48.020 Definitions.
5.48.030 Permit Required.
5.48.040 Additional Requirements.
5.48.050 Right of Inspection.
5.48.060 Restricted Numbers.
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5.48.070 Revocation.
5.48.080 Annual Monitoring Charge.
5.48.090 Criminal Penalties.
5.48.010 Intent. The City Council of the City of Newport Beach
finds and declares as follows:
The telephonic alarm system operated by the Newport Beach Police
Department is a service provided to benefit the citizens of Newport Beach.
The Police Department is not required to provide this service and citizens
have other options to obtain the same service through private businesses.
The regulations contained in this Chapter are intended to provide important
information and control to the Police Department for effective and efficient
operation of the system and to insure the service is reasonably priced and in
the best interest of the public and efficient policing operations.
5.48.020 Definitions. "Telephonic alarm system" shall mean 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.
5.48.030 Permit Required. No person shall operate or maintain a
telephonic alarm system which automatically transmits a signal, message or
warning to any City of Newport Beach Police Department or Fire Department
telephone line, without first obtaining a permit pursuant to Chapter 5.49 of
this Code.
5.48.040 Additional Requirements. In addition to the information
required by Chapter 5.49, applicants for permits to install, maintain or
operate a telephonic alarm system which is intended to automatically
• transmit a signal, message or warning to any City of Newport Beach Police
Department or Fire Department telephone line shall provide additional
information required by this Chapter to the Chief of the concerned
department. The additional information shall be provided on forms supplied
by the City, together with the service charge as established by Resolution of
the City Council. The application shall include the name, address and
telephone number of both the installer of the system and the person or
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business on whose premises the system will be installed, as well as a
description of the system and the location where it is proposed to be
installed, and any other information as may be required by the Chief of the
concerned Department.
• The Chief of the concerned Department shall review the application
and recommend approval of the application if he finds that:
1. The use of the alarm system to transmit a signal, message or
warning to a designated City of Newport Beach Police Department or Fire
Department telephone line will not interfere with the orderly conduct of City
business;
2. The person installing the system maintains an adequate service
organization to repair, maintain and otherwise service telephonic alarm
systems sold or leased by him.
3. The application complies with the applicable provisions of
Chapter 5.49.
The Police Chief or Fire Chief may impose reasonable conditions on the
• exercise of the permit.
5.48.050 Right of Inspection. The Chief of the concerned
department, either Police or Fire, shall have the right to inspect any
telephonic alarm system on the premises where it is intended to function
prior to issuance of any permit for its operation and he may cause an
inspection of such system to be made at any time after issuance of a permit
to determine whether it is being used in conformity with the terms of the
permit and the provisions of this Chapter and Chapter 5.49.
5.48.060 Restricted Numbers. No person shall install, operate or
maintain a telephonic alarm system which automatically transmits a signal,
• message or warning to any City of Newport Beach Police Department or Fire
Department telephone line, except to such telephone number or numbers as
designated by the permit issued under the provisions of this Chapter.
5.48.070 Revocation. Any permit issued for a telephonic alarm
system may be revoked pursuant to the provisions of Chapter 5.49, if the
telephonic alarm system has been installed, maintained or operated in
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violation of the provisions of this Chapter, applicable provisions of Chapter
5.49, or of any term or condition of the permit, or for failure to pay the Cost
Recovery Fee specified in Section 5.48.080.
• 5.48.080 Annual Monitoring Charge. In addition to the application fee
authorized by Section 5.49.030, each permit holder shall pay to the City on
or before July 1 of each year, a monitoring charge as established by
Resolution of the City Council.
5.48.090 Criminal Penalties. Any person who violates the
provisions of Sections 5.48.030, 5.48.050, 5.48.060, or 5.48.080 shall be
guilty of an infraction.
Section 3: Chapter 5.49 of the Newport Beach Municipal Code is
hereby amended to read as follows:
•Sections: BURC
5.49.010
5.49.020
5.49.030
5.49.040
5.49.045
5.49.050
5.49.060
5.49.070
5.49.080
5.49.085
Chapter 5.49
LARY - ROBBERY - FIRE ALARM SYSTEMS
Definitions.
Permit for Alarm System Required.
Application for Permit.
Application for Alarm Permit - Investigation.
Duration of Permit.
Revocation of Permits.
Notice of Appeal.
False Alarm Penalty.
Alarm System Standards and Regulations.
Permit Notification.
• 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.
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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, telephonic alarm
• systems, audible alarms 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 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 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.
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
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God, the malfunction of telephone lines, circuits or other causes which are
beyond the control of the owner or lessees of the alarm system.
Person means a person, firm, corporation, association, partnership,
individual, organization or company.
• 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 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
Finance Director 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 Finance Director 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.
5.49.045 Duration of Permit. Permits for private residences shall
be valid for three (3) years from date of issuance. Permits for non - residential
alarms shall be valid for one (1) year from date of issuance. Applications for
renewal of permit shall be accompanied by a renewal fee established by
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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.
5.49.050 Revocation of Permits. An alarm permit may be 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,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 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 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 -day appeal period, or within such
additional time as may be allowed by the Chief of Police and /or Fire Chief
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 6 months after the permit is revoked, unless waived for good cause
by the Chief of Police and/or Fire Chief.
5.49.060 Notice of Appeal. If any permittee is aggrieved by any
action of the Chief of Police and /or Fire Chief 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, 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.
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5.49.070 False Alarm Penalty. Any person who maintains, uses or
possesses an alarm system, and which alarm system has caused any signal,
message or alarm to be transmitted to the Fire Department or 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 and /or the Fire Chief, shall pay a false
alarm penalty established by Resolution of the City Council of the City of
Newport Beach.
In the event that the permittee sustains six (6) false alarms within a
year, the Chief of Police and/or the Fire Chief, in addition to imposing the
false alarm penalties provided herein, may commence revocation
proceedings, as provided for by Section 5.49.050.
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, 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 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 continues to,
operate an alarm system after the alarm permit has been duly revoked as
described in Newport Beach Municipal Code Section 5.49.050.
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 an alarm is reported to the Police and /or Fire
Communications Center by an alarm company, a central monitoring station, a
telephone answering service or any other business that monitors and reports
alarms.
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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 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, Chapter 5.48 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 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 this ordinance, 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 (6) weeks after the effective
date of this ordinance.
Section 4: That 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,
clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared
unconstitutional.
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Section 5: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City shall cause the same to be published
once in the official newspaper of the City and it shall be effective thirty (30)
days after its adoption.
Section 6: This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 10th day of October,
1994, and adopted on the 24th day of October, 1994, by the following
vote, to -wit:
AYES, COUNCILMEMBERS
HEDGES, SANSONE, WATT, TURNER,
NOES, COUNCILMEMBERS
NONE
ABSENT COUNCILMEMBERS
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MAYOR
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ATTEST:
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CITY CLERK
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