HomeMy WebLinkAbout14 - Amending NBMC Chapter 5.49 to Remove Fire False Alarms and to Authorize the Police Chief to Investigate Alarm Systems for PermittingQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
March 9, 2021
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net
Jon Lewis, Police Chief — 949-644-3701, jlewis@nbpd.org
PREPARED BY: Kevin Bass, Fire Marshal, kbass@nbfd.net, 949-644-3108
Jonathan Stafford, Deputy Director, jstafford@nbpd.org,
949-644-3650
TITLE: Ordinance No. 2021-9: Amending Newport Beach Municipal Code
Chapter 5.49 to Remove Fire False Alarms and to Authorize the
Police Chief to Investigate Alarm Systems for Permitting
ABSTRACT:
Newport Beach Municipal Code (NBMC) Section 5.49 contains language that conflicts
with the California Fire Code (CFC) and California Building Code (CBC) as it relates to
fire alarm permits and systems. Staff recommends removing references to fire false
alarms from NBMC Section 5.49 and using the enforcement provisions of NBMC Section
1.05 to ensure compliance of fire alarm systems that are required through the CFC and
the CBC. Additionally, it is recommended to update NBMC 5.49 to reflect the Police Chief
as having authority for alarm system permitting and to clarify the escalating penalty
charges.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No.
2021-9, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Chapter 5.49 (Burglary -Robbery -Fire Alarm Systems) of the Newport
Beach Municipal Code, and pass to second reading on March 23, 2021.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
14-1
Ordinance No. 2021-9: Amending Newport Beach Municipal Code Chapter 5.49 to
Remove Fire False Alarms and to Authorize the Police Chief to
Investigate Alarm Systems for Permitting
March 9, 2021
Page 2
DISCUSSION:
Newport Beach Municipal Code (NBMC) Chapter 5.49 permits and regulates the burglary,
robbery and fire alarm systems for residential and commercial properties located within
the City of Newport Beach. Because false alarms may require fire and/or police response,
NBMC Section 5.49 attempts to encourage customers to repair false alarm issues through
an escalating penalty schedule for each subsequent false alarm in any consecutive
12 -month period. After six false alarms, the Chief of Police or the Fire Chief may
commence alarm permit revocation proceedings.
While burglary and robbery alarm systems are installed voluntarily, fire alarm systems are
required by the California Fire Code (CFC) and the California Building Code (CBC) for
certain types of occupancies, such as large assembly facilities, hotels and high-rise
buildings. Certificate of Occupancy permits are issued with conditions of approval
requiring that fire alarm systems are installed and continuously operating. Revocation of
fire alarm system permits would affect and potentially invalidate the Certificate of
Occupancy, and therefore, alarm permit revocations are not an option as a punitive
measure for fire false alarms.
Chapter 1 of the adopted 2019 Edition of CFC and NBMC Chapter 1.05 authorizes the
issuance of administrative citations to correct fire false alarms regardless of the authority
in NBMC Chapter 5.49. Therefore, with the proposed change, any fire false alarms would
be processed in the same manner as any other violation of the NBMC as detailed in
Chapter 1.05 and per the City of Newport Beach's administrative citation schedule of
applying $100, $200, and $500 fines.
Staff recommends an amendment to NBMC Chapter 5.49 to remove any reference to fire
alarms, the Fire Chief, and the revocation of fire alarm system permits to resolve the
conflicting language between the CFC, CBC and NBMC. The remaining provisions would
continue to provide the Police Department the ability to regulate burglary and robbery
alarm systems.
In addition, staff recommends revisions to NBMC Section 5.49 to clarify false alarm
permitting and the false alarm fine schedule as follows:
1) Replace "Finance Director" with "Chief of Police or his or her designee" in NBMC
Sections 5.49.030 and 5.49.040, because the Finance Director does not review
alarm permit applications or conduct investigations of alarm systems; and
2) Clarify the false alarm penalty schedule in NBMC Section 5.49.070 to reflect the
fine escalation as being within the calendar year and resetting at the beginning of
the following calendar year.
A redline of the recommended changes to the NBMC is included as Attachment A to this
staff report.
14-2
Ordinance No. 2021-9: Amending Newport Beach Municipal Code Chapter 5.49 to
Remove Fire False Alarms and to Authorize the Police Chief to
Investigate Alarm Systems for Permitting
March 9, 2021
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — NBMC 5.49 Redline
Attachment B — Ordinance No. 2021-9
14-3
ATTACHMENT A
Page 1/4
Chapter 5.49
BURGLARY—ROBBERY--FHtF-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 va.mit r otifiea4io„
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.
* Prior ordinance history: Ords. 1661 and 1704.
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 an fire, hazard o
intrusion into a building, structure, facility, vessel or vehicle or a robbery or other emergency equiring urgent
attention and to which fire, police or other emergency equipment arei-s 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 respon3 or fire- once- 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 o 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.
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Page 2/4
"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. Awe 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. (Ord. 99-
19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 85-3 § 1, 1985; Ord. 1898 § 1 (part), 1982)
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 in
accordance with the provisions of this chapter. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1
(part), 1982)
5.49.030 Application for Permit.
Application for an alarm permit shall be fled with the Finance Dir-ec*^rPolice Chief or designee 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
DiFeetefPolice Chief or designee 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 Finanee Dir-eetefPolice Chief or designee and
shall be nontransferable. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1 (part), 1982)
5.49.040 Application for Alarm Permit—Investigation.
Upon receiving an application from any person for an alarm permit, the F:... nee Dir-eetofPolice Chief or designee
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 Finanee Dir-eetefPolice Chief or
designee shall cause a permit to be issued. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1 (part),
1982)
5.49.045 Duration of Permit.
Permits for private residences shall be valid for three years from the date of issuance. Permits for nonresidential
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. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994)
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 andlor 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
andler the Fire Chic 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 (15) day appeal period, or within such additional time as may be allowed by the Chief
of Police and er 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 !'hief. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part),
1994: Ord. 85-3 § 2, 1985: Ord. 1898 § 1 (part), 1982)
5.49.060 Notice of Appeal.
A. If any permittee is aggrieved by any action of the Chief of Police and w 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
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Page 3/4
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 Chief and any
other interested party, make fmdings 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 ands r- the Fire Chief, and his decision shall be final. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part),
1994: Ord. 85-3 § 3, 1985: Ord. 1898 § 1 (part), 1982)
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 r,epa .Emma ^r 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
andlor the Fire Chic shall pay a false alarm penalty as provided below:
Fifty dollars $50.00 for a third false alarm within any consecutivetwelve (12) month penia calendar year (defined
as January 1 st to December 31 st).
One hundred dollars ($100.00) for a fourth false alarm within any ,.onseetit ve twelve (12) month Aerie a calendar
ytar•
One hundred twenty-five dollars ($125.00) for a fifth false alarm within any a calendar yeireanseefftiv *.. elve "'"
mon4h period.
Additional twenty-five dollars ($25.00) increase for each subsequent false alarm within a calendar year.
twelve (12) month ealeadar- period (januai-y 1 to Deeembef-_I-W. For example, one hundred fifty dollars ($150.00) for
a sixth false alarm; one hundred seventy-five dollars ($175.00) for a seventh, etc. The false alafm fee pfegr-am shall
s.
Fire False AlaFms.
Seventy five dollars ($75.00) for a third false alarm within any conseoutive twelve (12) nionth period-.
One hundred fifty dollars ($150.00) for a fotti4h false alann within any consecutive twelve (12) month period.
Two 4undr-ed dellafs ($200.00) for- a fifth false alat:Fn within any eenseetitive vA,elve (12) month per-ia&
Additional twenty five dollars ($25.00) increase for- each subsequent false alarm within a consecutive twelve (I
mon-th 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 Q
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. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994:
Ord. 90-32 § 1, 1990: Ord. 87-46 § 1, 1987: Ord. 85-3 § 4, 1985: Ord. 1898 § 1 (part), 1982)
5.49.080 Alarm System Standards and Regulations.
A. The Chief of Police analor 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
14-6
Page 4/4
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 ,Jiro Chief. No fee or application shall be required for such registration.
B. The Chief of Police and/or- the Fire Chiefmay 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. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 85-3 § 5, 1985: Ord.
1898 § 1 (part), 1982)
5.49.085 Permit otine-ation.
The C4y peFmit ntmiber- assigned to an aiai:m system by the Poliee Depaftment shall be given to the Peliee a-n&or-
Fire Dispatcher at the time a -a alai:fa is r-epoi4ed to the Police and/or- Fire Comffnmiea4ions Center- by an alafm
eompany, a central monitoring station, a te ing servfee or- OHY other- business that monitor -s and repoi4s
9 1999. Ord on 46 3 ..aFo 1994. Or 85 3 �
& rias-(nr �—99 1r § r� , § i
, § , 1985)
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. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1
(part), 1982)
5.49.100 Fees.
Fees prescribed heretofore in this chapter shall be in addition to any other lawful fees imposed by the City for doing
or conducting business within the City. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1 (part),
1982)
5.49.110 Limitations on Liability.
The City 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 an alarm system pollee or fire al"m 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. (Ord.
99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1 (part), 1982)
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. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part), 1994: Ord. 1898 § 1 (part), 1982)
5.49.130 Application of Chapter.
Any person who, on the effective date of the ordinance codified in this chapter, 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 said ordinance. (Ord. 99-19 § 2, 1999: Ord. 94-46 § 3 (part),
1994: Ord. 1898 § 1 (part), 1982)
14-7
ATTACHMENT B
ORDINANCE NO. 2021- 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 5.49 (BURGLARY -ROBBERY -FIRE ALARM
SYSTEMS) OF THE NEWPORT BEACH MUNICIPAL
CODE
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges, or procedures
granted or prescribed by any law of the State of California;
WHEREAS, fire alarm systems and associated permits are required for certain
buildings and businesses prior to occupancy per the California Fire Code ("CFC"), the
California Building Code ("CBC"), and the Certificates of Occupancy issued by the
building official when such fire and life safety systems are installed. However, burglary
and robbery alarm systems are voluntary systems that are not required by either the
CFC or and CBC;
WHEREAS, Chapter 5.49 of the Newport Beach Municipal Code ("NBMC"),
regulates the issuance of burglary, robbery and fire alarm permits, and includes
provisions for the revocation of fire alarm permits for false alarms;
WHEREAS, the revocation of fire alarm permits for excessive false alarms would
create a conflict with the CFC and the CBC as well as the Certificates of Occupancy
issued for affected buildings and/or businesses that require fire alarm systems as a
condition of approval for occupancy;
WHEREAS, the 2019 Edition of the CFC, adopted by Section 9.04.010 of the
NBMC, and Chapters 1.05 and 1.12 of the NBMC provide the Fire Chief and his duly
authorized representative with the authority to issue notices of violations and
administrative citations to correct false alarms, independent of the authority listed in
Chapter 5.49 of the NBMC;
WHEREAS, the removal of all references to fire alarm, Fire Chief and fire false
alarms from Chapter 5.49 of the NBMC will not prevent the Fire Chief and his duly
authorized representative from addressing and correcting false alarm violations; and
Ordinance No. 2021 -
Page 2 of 8
WHEREAS, the remaining provisions of Chapter 5.49 of the NBMC shall remain
as necessary for the administration of burglary and robbery alarm systems, including
the ability to charge fees and revoke these voluntary systems for excessive false alarms
allowing the Police Chief to maintain control of the burglary and robbery alarms systems
within the City.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 5.49 of the Newport Beach Municipal Code is hereby
replaced in its entirety and amended to read as follows:
Chapter 5.49
BURGLARY—ROBBERY 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.
5.49.090
Prohibitions.
5.49.100
Fees.
5.49.110
Limitations on Liability.
5.49.120
Criminal Penalties.
5.49.130
Application of Chapter.
* Prior ordinance history: Ords. 1661 and 1704.
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.
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Ordinance No. 2021 -
Page 3 of 8
"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 an intrusion into a building, structure, facility, vessel or vehicle or a robbery
other emergency requiring urgent attention and to which police are 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 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 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 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.
14-10
Ordinance No. 2021 -
Page 4 of 8
"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 in accordance with the provisions of this chapter.
5.49.030 Application for Permit.
Application for an alarm permit shall be filed with the Police Chief or designee 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 Police
Chief or designee 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
Police Chief or designee and shall be nontransferable.
5.49.040 Application for Alarm Permit—Investigation.
Upon receiving an application from any person for an alarm permit, the Police Chief or
designee 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 Police Chief or designee 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 nonresidential 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.
14-11
Ordinance No. 2021 -
Page 5 of 8
5.49.050 Revocation of Permits.
An alarm permit may be revoked as follows: If, after investigation, the Chief of Police
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 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 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 (15) day appeal period,
or within such additional time as may be allowed by the Chief of Police 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.
5.49.060 Notice of Appeal.
A. If any permittee is aggrieved by any action of the Chief of Police 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 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 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 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, shall pay a
false alarm penalty as provided below:
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Ordinance No. 2021 -
Page 6 of 8
Fifty dollars ($50.00) for a third false alarm within a calendar year (defined as
January 1 to December 31).
One hundred dollars ($100.00) for a fourth false alarm within a calendar year.
One hundred twenty-five dollars ($125.00) for a fifth false alarm within a calendar
year.
Additional twenty-five dollars ($25.00) increase for each subsequent false alarm
within a calendar year. For example, one hundred fifty dollars ($150.00) for a sixth
false alarm; one hundred seventy-five dollars ($175.00) for a seventh, etc.
B. In the event that the permittee sustains six false alarms within a year, the Chief of
Police, 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.
A. The Chief of Police 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. No fee or application shall be
required for such registration.
B. The Chief of Police 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.
5.49.090 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 for doing or conducting business within the City.
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5.49.110 Limitations on Liability.
The City 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 an 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 the ordinance codified in this chapter,
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 said ordinance.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion 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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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Ordinance No. 2021 -
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Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall become effective
thirty (30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of March, 2021, and adopted on the 23rd day of
March, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
.t"' 6�
AAR N C. HARP, CITY ATTORNEY
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