HomeMy WebLinkAbout99-19 - Amending Chapter 5.48 of the Newport Beach Municipal Code, Pertaining to Telephonic Alarm Systems and Amending Chapter 5.49 of the Newport Beach Municiapl Code, Pertaining to Burglary, Robbery and Fire Alarm Systems• ORDINANCE NO„ 99- 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 5.48 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
TELEPHONIC ALARM SYSTEMS AND AMENDING
CHAPTER 5.49 OF THE NEWPORT BEACH MUNICIPAL
CODE, PERTAINING TO BURGLARY, ROBBERY AND FIRE
ALARM SYSTEMS
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code sections are amended and added to read, in full, as
follows:
SECTION 1: Chapter 5.48 of Title 5 of the Newport Beach Municipal Code is
amended to read as follows:
Chapter 5.48
TELEPHONIC ALARM SYSTEM
• Sections:
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.
5.48.065
Notification of Change.
5.48.070
Revocation.
5.48.080
Annual Monitoring Change.
5.48.085
Signs.
5.48.090
Criminal Penalties:
5.48.010 Intent
The telephonic alarm system operated by the Newport Beach Police Department is
an alternative 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
alarm services 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 cost of the service is
recovered and to promote efficient policing operations.
5.48.020 Definitions
• "Department' means the Newport Beach Police Department or the Newport Beach
Fire & Marine Department as the case may be.
"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 Police 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.
"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 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 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 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 approve such application if he finds
that:
1. The use of the alarm system to transmit a signal, message or warning to a
designated Department 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.
permit.
The Department Chief may impose reasonable conditions on the exercise of the
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• 5.48.050 Right of Inspection
The Chief of the concerned Department, 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 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 Department telephone line,
except to such telephone number or numbers as designated by the permit issued under
the provisions of this chapter.
Section 5.48.065 Notification of Change.
Telephonic alarm system permits are not transferable. Permittees shall notify
Police Chief within five (5) business days of any change of name, address, phone
numbers, ownership, or alarm business. Permittee shall deprogram the police dialer
number upon change in ownership of the property.
is 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 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.
5.48.085 Signs
Permittees shall not display any sign indicating the telephonic alarm system
permitted under this Chapter as an aid to service or safety except approved signs
provided by City. Approved signs shall be displayed only in connection with the
maintenance of a valid permit issued under this Chapter and in compliance with all permit
conditions and regulations of Chief Police. Fees representing City's cost for approved
. signs shall be paid in the amount adopted by Resolution of the City Council.
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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 2: Chapter 5.49 of Title 5 of the Newport Beach Municipal Code is
amended to read as follows:
Chapter 5.49
BURGLARY — ROBBERY- FIRE 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.
5.49.085
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.
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.
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"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 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
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.
• "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 Police 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.
"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.
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. 5.49.030 Application for Permit
Application for an alarm permit shall be filled 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
nontransferable.
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 years from the date of
issuance. Permits for non - residential 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.
5.49.050 Revocation of Permits
An alarm permit may be revoked as follows: 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 six 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
A. If any permittee is aggrieved by any action of the Chief of Police and /or the
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
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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.
B. The City Manager, or his duly authorized representative, may affirm,
overrule or modify the decision of the Chief of Police and /or the Fire Chief, 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 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 do have been a false alarm by the Chief
of Police and /or the Fire Chief, shall pay a false alarm penalty as provided below:
1. Police False Alarms
Fifty dollars ($50.00) for a third false alarm within any consecutive twelve (12)
• month period.
One hundred dollars ($100.00) for a fourth false alarm within any consecutive
twelve (12) month period.
One hundred twenty-five dollars ($125.00) for a fifth false alarm within any
consecutive twelve (12) month period.
Additional twenty-five dollars ($25.00) increase for each subsequent false alarm
within a consecutive twelve (12) month period. For example, one hundred fifty dollars
($150.00) for a sixth false alarm; one hundred seventy-five dollars ($175.00) for a seventh,
etc..
2. Fire False Alarms
Seventy-five dollars ($75.00) for a third false alarm within any consecutive twelve
(12) month period.
One hundred fifty dollars ($150.00) for a fourth false alarm within any consecutive
twelve (12) month period.
Two hundred dollars ($200.00) for a fifth false alarm within any consecutive twelve
• (12) month period.
Additional twenty -five dollars ($25.00) increase for each subsequent false alarm
within a consecutive twelve (12) month period. For example, two hundred twenty-five
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dollars ($225.00) for a sixth false alarm; two hundred fifty dollars ($250.00) for a seventh,
• etc..
B. In the event that the permittee sustains six 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.
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
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 Section 5.49.050 of this chapter.
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.
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
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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 weeks after the effective date 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, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
•SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk 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 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 26thday of. July , 19 99 and
adopted on the 9th day of August , 19_99, by the following vote, to wit:
AYES, COUNCII_MEMBERS Adams, Glover,
Thomson, Debay, Ridgeway, Noyes, Mayor. 'Neil
NOES, COUNCIILMEMBERS
ABSENT
• MAYOR
Q
•
ATTEST:
poi PIP
.,
0
0
•
•
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk. of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 99 -19 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day
of August, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of August, 1999.
(Seal)
C�� M. k..
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 99 -19 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: August 14, 1999.
In witness whereof, I have hereunto subscribed my name this
1999.
City Clerk of the City of
Newport Beach, California
day of