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HomeMy WebLinkAbout2021-9 - Amending Chapter 5.49 (Burglary-Robbery-Fire Alarm Systems) ofthe Newport Beach Municipal CodeORDINANCE 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. 2021-9 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 ollows: 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. Ordinance No. 2021-9 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. Ordinance No. 2021-9 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. Ordinance No. 2021-9 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: Ordinance No. 2021-9 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. Ordinance No. 2021-9 Page 7of8 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. Ordinance No. 2021-9 Page 8of8 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: Mayor Avery, Mayor Pro Tem Muldoon, Council Member Blom, Council Member Brenner, Council Member Dixon, Council Member O'Neill NAYS: ABSENT: Council Member Duffield AVERY, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE N C. HARP,_CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, 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. 2021-9 was duly introduced on the 9th day of March, 2021, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 23d day of March, 2021, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill NAYS: None ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of March, 2021. f Leilani I. Brown, MM City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2021-9 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 newspaper of general circulation on the following dates: Introduced Ordinance: March 13, 2021 Adopted Ordinance: March 27, 2021 In witness whereof, I have hereunto subscribed my name this day of April, 2021. Leilani I. Brown, MMC City Clerk City of Newport Beach, California