HomeMy WebLinkAbout06 - Alarm Ordinance Changes & Fees0
CITY OF NEWPORT BEACH
POLICE DEPARTMENT
July 14, 1999
July 26, 1999
Item No. 6
TO: Honorable Mayor, Members of the City Council and City Manager
FROM: Bob McDonell, Chief of Police
Tim Riley, Captain, Support Services Division Commander
SUBJECT: Alarm Ordinance Changes and Associated Fees
RECOMMENDATION:
Approve the recommended changes and additions to Chapter 5.48
(Telephonic Alarm System) of the Newport Beach Municipal Code as
specified in the attached proposal (Appendix A) and in the following
discussion.
2. Approve the recommended changes and additions to Chapter 5.49
(Burglary- Robbery-Fire Alarm Systems) of the Newport Beach Municipal
Code as specified in the attached proposal (Appendix A) and in the
following discussion.
3. Approve a budget amendment of $15,776 in additional revenue to
account 1820 -5079 for the remainder of the fiscal year, resulting from the
anticipated sale of alarm monitoring signs and decals. Allocate an
additional $15,776 to the Police Department Professional-Technical-
Services account (1820- 8080), to fund the initial purchase of alarm
monitoring signs and decals.
4. Approve the amendment of City of Newport Beach Resolution Number 94-
95 and 94 -97 to include a fee of $16.00 per unit for purchasing an alarm
monitoring sign and a fee of $.50 per unit for purchasing an alarm
monitoring decal.
BACKGROUND:
The City of Newport Beach regulates alarms by requiring permits to operate
them and by fining alarm owners for excessive false alarms. The City of
Newport Beach also provides monitoring (via the Police Department) of alarms
for a fee as an alternative to private sector central station alarm monitoring
Alarm Ordinance Changes and Associated Fees
Page 2
companies. The fines and fees in the past have been set by City Council
approved Resolutions.
On October 10, 1994, the Newport Beach City Council approved (by Resolution
#94 -95 and Municipal Code Ordinance, refer Appendix B) a number of changes
to alarm permits, alarm permit renewals, and false alarm fines in a
comprehensive overhaul of the system.
On May 27, 1997, the City Council approved (by Resolution #97 -42, Refer
Appendix C) a clarification of how false alarm fines and alarm permit expiration
dates are calculated.
Police Department staff and the City Attorney's office are requesting additional
changes in the Municipal Code related to alarms in an effort to provide better
customer service, to improve the efficiency of handling alarm related issues and
to recover costs associated with the proposed changes.
DISCUSSION:
As of June 30, 1999, there were 5,831 permitted alarms in the City of Newport
Beach of which 462 were monitored directly by the Police Department. The
Police Department has staff assigned to alarm related duties that include .
management of alarm permit information, monthly account billing, false alarm
management, permit issuance, customer compliance with alarm regulations,
liaison with the Revenue Division, interaction with private alarm companies and
customer service. Based upon our experience over the last several years, and
as a result of requests from alarm customers we are recommending several
modifications and additions to the alarm regulations as identified below.
The Municipal Code ordinances related to alarms are divided into two sections.
The first is Section 5.48 that regulates specific alarms monitored by the Police
Department. The second Section is 5.49 that regulates all alarms and fines.
A majority of the proposed changes are in the Section regulating Police
Department monitored alarms. A significant change in that section is the addition
of a regulation permitting Police Department monitored customers (as requested
by them for years), to use an approved sign as an aid to service or safety as is
common with private sector alarm monitoring. Another change is the addition of
a regulation requiring Police Department monitored customers to notify the
Department of any changes related to their permits and requires them to "de-
program" the Police Department dialer number upon change in ownership of the
property.
The remaining changes proposed are in the Section regulating all alarms. The
most significant change proposed in that Section is the one that places all
Alarm Ordinance Changes and Associated Fees
Page 3
• penalties for excessive false alarms in the Municipal Code, rather than locating
them in various past Resolutions. It also adds $25.00 to each eligible false
alarm fine beyond the fifth Police or Fire false alarm. Another significant change
is the addition of a regulation allowing appeals of false alarm penalties as
provided in the section related to Administrative Citations.
SPECIFIC CHANGES:
Chapter 5.48. NBMC - Telephonic Alarm Systems (Police Department
Monitored Alarms)
5.48.010 Intent
The proposed changes emphasize that Police Department monitoring
is "an alternative service" and that all fees are intended to recover
costs associated with alarm monitoring.
• 5.48.020 Definitions
The proposed changes explain that "Department' means either the
Police Department or Fire and Marine Department. The changes also
clarify the definition of a "false alarm" and are necessary to correct
complaints from the public about the previous definition being
somewhat ambiguous. This definition is identical to that proposed in
Section 5.49.010.
• 5.48.040 Additional Requirements
The proposed changes again refer to "Department' as either the Police
Department or Fire and Marine Department.
• 5.48.050 Right of Inspection
Same as above.
• 5.48.060 Restricted Numbers
Same as above.
• 5.48.065 Notification of Change
The proposed Section requires permittees to notify the Police
Department within five business days of any changes in name,
address, phone numbers etc. and requires the them to "deprogram the
police dialer number upon change of ownership.
• 5.48.085 Signs
This proposed Section permits the display of an approved alarm
monitoring sign as an aid to service or safety. It also establishes the
ability to recover the cost of a sign for a fee established by resolution.
Alarm Ordinance Changes and Associated Fees
Page 4
2. Chapter 5.49 NBMC - Burglary- Robbery-Fire Alarm Systems 1 0
5.49.010 Definitions
The proposed changes clarify the definition of a "false alarm" and are
necessary to correct complaints from the public about the ',previous
definition being somewhat ambiguous. This definition is identical to
that proposed in Section 5.48.020.
5.49.060 Notice of Appeal
The proposed changes clarify the language related to appealing
actions of the Chief of Police and /or the Fire and Marine Chief
pursuant to this chapter of the Municipal Code to the City Manager.
5.49.070 False Alarm Penalty
The proposed changes move the false alarm penalties from
Resolution to this Chapter of the Municipal Code as required by
Statute, and adds $25.00 to each eligible false alarm fine beyond the
fifth Police or Fire false alarm. The proposed changes also allow
appeals of false alarm penalties in the manner provided in Sections
1.05.030 through 1.05.110 of the Municipal Code.
BUDGET AMEMDMENT.-
As discussed, the issue of providing alarm monitoring signs (refer Appendix D)
and decals for alarm customers monitored directly by the Police Department will
require a budget amendment. The General Services Department has provided a
price of $16.00 per sign (including a ground stake and mounting hardware) and
$.50 per decal to recover their costs to produce the signs and decals.
Based upon customer comments, it is anticipated that most accounts will request
at least two signs and four decals for a total of $15,776 based on our current 464
accounts. With this anticipated demand, it will be necessary to have a budget
amendment adding $15,776 to the Police Department Prof essional-Technical-
Services account number 1820 -8080. We have also included a corresponding
increase to the applicable revenue account, so the affect will be to pay for the
expenditures through offsetting revenue.
RESOLUTION:
It will be necessary to establish the cost recovery fee for alarm monitoring signs
and decals by Resolution (refer Appendix E) as described above.
REVENUE
It will be necessary to establish a new account for the anticipated revenue •
received from the purchase of alarm monitoring signs and decals. The
E
Alarm Ordinance Changes and Associated Fees
Page 5
Administrative Services Department has reserved revenue account number
1820 -5079 in anticipation of the approval of this recommendation. The revenue
projection for this account is $15,776 for the remainder of this fiscal year.
CONCLUSION:
Police Department staff, Fire and Marine Department staff and the City
Attorney's office are requesting that you approve the recommendations as stated
above. Your approval will help to ensure that our alarm customers are provided
with better service, improved efficiency in handling alarm related issues and will
provide staff with the ability to recover costs associated with the proposed
changes.
Respectfully submitted,
Tim Riley, Captain
Support Services Division Commander
Attachments:
1. Copy of Draft Ordinance changes and additions
2. Copy of Resolution 94 -95
3. Copy of Resolution 97 -42
4. Copy of Proposed Alarm Monitoring Sign
5. Copy of Draft Resolution
Approved b ,
Bob McDonell
Chief of Police
APPENDIX A
ORDINANCE NO. 99 -_
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 Charge.
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 asew*Ga- 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 reasonably pFiGed and 'a- ,,, the best-inteFest of the public and 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. False a!aFFns shall not
beyond Gontrel of the ewneF OF lessees of the 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
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 Gity of Newped BeaGh Pelire Department
OF Fire 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 Gity of Newport BeaGh Poke Department er
€ire —Depa # ment- 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 dDepartment shall approve such application if bhe finds
that:
1. The use of the alarm system to transmit a signal, message or warning to a
designated Gity of Newport Beaeh POIiGe Department or Fire nepaF...,ent telephone line
will not interfere with the orderly conduct of City business;
2
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 o„n e Chief or Pre Department Chief may impose reasonable conditions on
the exercise of the permit.
5.48.050 Right of Inspection
The Chief of the concerned dDepartment, e'fheF o„ IOGe of F•.-.. 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 OF Pre Depail ent 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 proc>erty.
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
3
9
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.
4
"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 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
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
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.
R
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
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, the Guty
at+ve; 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 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 0
the City GousGil of the Gity of eh: 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
1122) month period.
One hundred fifty dollars ($150.00) for a fourth false alarm within any consecutive
twelve (12) month period.
7
Two hundred dollars ($200.00) for a fifth false alarm within anv consecutive twelve
(12) month Deriod.
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
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
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.
M
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 sChapter, 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 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 _ day of 19_, and
adopted on the _ day of
19__, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
We
0
MAYOR
0
ATTEST:
CITY CLERK
F:\users\cat\shared\da\Ordinance\TelephonicAlarm\070799.doc
10
APPENDIX B
A FXZOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ESTABLISHING A FEE FOR RENEWAL OF ALARM PERMITS,
REAFFIRMING THE PENALTIES FOR FALSE ALARMS AND
APPLICATION FEES FOR ALARM SYSTEM PERMITS, AND AMENDING
THE CHARGE FOR MONITORED ALARM SYSTEMS PURSUANT TO
SECTIONS 5.49.045, 5.49.070,.5.48.040, 5.49.030, AND 5.48.080 OF THE
NEWPORT BEACH MUNICIPAL CODE.
WHEREAS, CHAPTERS 5.48 and 5.49 of the Newport Beach Municipal Code
— — — — — _ WPM sh-reguladom4mdjemtit- requirements for- the- opei- Won-of-Police-mtd -fre alairri — — — — — — — --
systems; and
WHEREAS, Sections 5.48.040 and 5.48.080 provide that the charges for
operation of telephonic alarm systems shall be- established by resolution of the City
Council; and
WHEREAS, Sections 5.49.030 and 5.49.045 provide that the application and
renewal fees for alarm permits shall be established by resolution of the City Council; and
WHEREAS, Section 5.49.070 provides that the penalty for false alarms shall be
established by resolution of the City Council; and
WHEREAS, the City Council intends to recover its costs associated with
processing alarm permits, monitoring alarms and responding to false alarms.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
I. The application fee for permit to operate, a telephonic alarm system,
pursuant to Section 5.48.040, shall be $50.
2. The monthly charge for operating a telephonic alarm system, pursuant to
Section 5.48.080, shall be $18. .
3. The application fee for an alarm permit, pursuant to Section 5.49.030, shall
be $50.
4. The annual renewal fee for a commercial alarm permit, pursuant to Section
5.49.045, shall be $25.
5. The tri- annual renewal fee for residential alarn permit, pursuadt to Section
5.49.045, shall be $30.
6. The penalties for excessive false alarms, pursuant to Section 5.49.070, shall
be: $ 75 for a third Fire false alarm
$150 for a fourth Fire false alarm
$200 for a fifth and each subsequent Fire false alarm
$ 50 for a third Police false alarm
$100 for a fourth Police false alarm
$125 for a fifth and each subsequent Police false alarm
ADOPTED, this 24th day October, 19
POR O
O
... ...... -..-
•
�C /FORa%r -
-I
APPENDIX C
RESOLUTION NO. 97 -42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING RESOLUTION NO. 94 -95
ESTABLISHING FEES FOR RENEWAL OF RESIDENTIAL
ALARM PERMITS AND PENALTIES FOR FALSE ALARMS
PURSUANT TO SECTION 5.49 OF THE NEWPORT
BEACH MUNICIPAL CODE.
WHEREAS, Section 5.49.045 provides that the renewal fees for alarm permits
shall be established by resolution of the City Council; and
WHEREAS, Section 5.49.070 provides that the penalty for false alarms shall be
established by resolution of the City Council; and
WHEREAS, on October 10, 1994, the City Council adopted Resolution No. 94-
95 establishing the authorized fees and penalties; and.
WHEREAS, the City Council wishes to amend Resolution No. 94 -95 to clarify the
conditions for assessment of the authorized fees and penalties, without changing the
amount of the established fee or penalty.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Newport Beach Resolution No. 94 -95 shall be amended to read as shown in cross -out
and underline:
1. The application fee for permit to operate a telephone alarm system,
pursuant to Section 5.48.040, shall be $50.
2. The monthly charge for operating a telephonic alarm system, pursuant to
Section 5.48.080, shall be $18.
3. The application fee for an alarm permit, pursuant to Section 5.49.030;
shall be $50.
4. The annual renewal fee for a commercial alarm permit, pursuant to
Section 5.49.045, shall be $25.
5. The triennial renewal fee for residential alarm permit, pursuant to Section
5.49.045, shall be $30.
6 The penalties for excessive false alarms, pursuant to Section 5.49.070,
shall be:
$75.00 for a third Fire false alarm within any consecutive (12) month
period.
Res 97 -42
$150 for a fourth Fire false alarm within any consecutive (12) month
period.
$200 for a fifth and each ;subsequent Fire false alarm within any
consecutive (12) month period.
$ 50 for a third Police false alarm within any consecutive (12) month
period.
$100 for a fourth Police false alarm within any consecutive (12) month
period.
$125 for a fifth and each subsequent Police false alarm within any
consecutive (12) month period.
BE IT FURTHER RESOLVED the fees established by this resolution shall be
added to the Schedule of Fees adopted by Resolution 97 -15.
ADOPTED, this 27th day May, 1997
ATTEST:
CITY CLERK
MAYOR
9
0
0
C_1
0
APPENDIX D
APPENDIX E ®RIqtrT
I
RESOLUTION NO.99-
A RESOLUTION OF THE CPTY COUNCIL OF THE CITY OF
NEWPORT BEACH AMMENDING RESOLUTION NO. 94 -95
ESTABLISHING A FEE FOR TELEPHONIC ALARM
SYSTEM MONITORING SIGNS AND DECALS PURSUANT
TO SECTION 5.48 OF THE NEWPORT BEACH MUNICIPAL
CODE.
WHEREAS, Chapter 5.48. of the Newport Beach Municipal Code
establishes regulations and permit requirements for telephonic alarm systems; and
WHEREAS, Section 5.48.085 provides that a telephonic alarm system
permittee may display an approved sign as an aid to service or safety; and
WHEREAS, the City Council intends to recover its costs associated with
producing telephonic alarm system monitoring signs and decals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach as follows:
1. The cost recovery fee for a telephonic alarm system monitoring sign,
pursuant to Section 5.48.085, shall be $16.
2. The cost recovery fee for a telephonic alarm system monitoring decal,
pursuant to Section 5.48.085, shall be $.50
ADOPTED, this 26 day July, 1999.
ATTEST:
CITY CLERK
MAYOR
0
City of Newport Beach NO. BA- 003
BUDGET AMENDMENT
1999 -00 AMOUNT: $16,776.00
ECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations ND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from undesignated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates by anticipated alarm monitoring signs and decals sales and appropriate the funds to
purchase the initial alarm monitoring signs and decals. There are no prior budget amendments.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
1820 5079 Alarm signs and decals $15,776.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 1820 Police - Support Services
Account Number 8080 Services - Professional and Technical NOC $15,776.00
Division Number
Account Number
Division Number
Account Number
Automatic System Enby.
Signed: Z -=20 Fq
Fi anci I Approval: Finance—Director Date
Signed;
Administrative A royal: City Manager to
*ad:
City Council Approval: City Clerk Date