Loading...
HomeMy WebLinkAbout1661 - Alarm Business- Agents- SystemsORDINANCE NO. 1661 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH fi teG APi6 CHAPTER 5.49 OF THE NEWPORT BEACH /0. D� MUNICIPAL CODE DEALING WITH ALARM BUSINESS, v ALARM AGENTS AND ALARM SYSTEMS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 5.49 of,the Newport Beach Municipal Code is amended in its entirety to read as follows: "CHAPTER 5.49 BURGLARY - ROBBERY - FIRE ALARM SYSTEMS Section: 5.49.010 DEFINITION 5.49.020 5.49.030 5.49.040 5.49.050 • 5.49.060 5.49.070 5.49.080 5.49.090 5.49.100 5.49.110 5.49.120 5.49.130 5.49.140 5.49.150 5.49.160 5.49.170 5.49.180 5.49.190 5.49.200 ` 5.49.210 PERMITS REQUIRED APPLICATION FOR PERMIT APPLICATION FOR ALARM BUSINESS PERMIT INVESTIGATION APPLICATION FOR ALARM AGENT PERMIT - INVESTIGATION APPLICATION FOR ALARM PERMIT - INVESTIGATION SUSPE14SION OR REVOCATION OF PERMITS APPEALS TO CITY COUNCIL FALSE ALARM - PREVENTION PAYMENT ALARM SYSTEM STANDARDS & REGULATIONS ALARM REQUIREMENTS AUTOMATIC SHUT OFF REQUIREMENTS - AUDIBLE ALARMS DELAY DEVICE REQUIREMENTS POWER STUDY TESTING ALARM PROHIBITIONS DIRECT DIAL TELEPHONE DEVICES FEES LIMITATION ON LIABILITY CRIMINAL PENALTIES APPLICATION OF CHAPTER 5.49.010 DEFINITION. 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, maintain- ing, moving, repairing, replacing, selling, servicing, respond- 4 • • ing to [excluding public safety officers], or causing others to respond to an alarm system, in or on any building, structure or facility. Alarm Business means the business carried on by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure, or facility. Alarm System means any mechanical or electrical device which is designed or used for the detection of fire, intrusion into a building, structure or facility or for alerting others of an event within a facility, or both, which event causes a local audible alarm or transmission of a signal or message. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designed or used to evoke a police or fire response, or used to register alarms that are intended to be audible, visible or perceptible outside of the protected building, structure, or facility are not included within this definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system. Appellant means a person who perfects an appeal pursuant to this chapter. Applicant means a person, firm or corporation, who files an application for a permit as provided in this chapter. Audible Alarm means a device designed for the detection of 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. -2- p A% • • • Day means a calendar day. Person means a person, firm, corporation, association, partnership, individual, organization or company. Proprietor Alarm means an alarm which is not regularly serviced by an alarm business. False Alarm means the activation of an alarm system through mechanical failure, accidental tripping, misoperation, malfunction, misuse, or the neglect of the owner or lessee of an alarm system, or of his employees or agents. Upon failure of the police department or the fire department to find any evidence of intrusion, fire, or other need or cause for activat- ing an alarm system, a conclusive presumption of false alarm will be made. False alarm shall not include alarms caused by earthquakes, violent winds, malfunction of telephone line circuits, or external causes beyond the control of the owner or lessee of the alarm system. 5.49.020 PERMITS REQUIRED. A. Alarm Business. No person shall operate, maintain, engage, conduct, or carry on an alarm business without first applying for and receiving an Alarm Business Permit in accordance with the provisions of this chapter. B. Alarm Agent. No person shall engage in, conduct or operate as an alarm agent without first applying for and receiving an Alarm Agent Permit in accordance with the provisions of this chapter. C. Alarm System. No person shall possess, install, or use an alarm system without first applying for and receiving an Alarm Permit in accordance with the provisions of this Chapter. 5.49.030. APPLICATION FOR PERMIT. Applications for an Alarm Business Permit, an Alarm Permit or an Alarm Agent Permit shall be filed with the Finance Director on forms provided by the City and the applicant shall at that time pay the -3- • • • appropriate fee established by Resolution of the City Council. The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary by the City Manager, including, but not limited to finger printing and photographing the applicant. Permits provided for in this chapter shall be issued by the Finance Director and shall be non - transferable. 5.49.040. APPLICATION FOR ALARM BUSINESS PERMIT - INVESTIGATION. The City Manager shall cause an investigation to be made of the applicant for an alarm business permit, and if the same be a corporation, the principal officers or, if the same be a partnership, association or fictitious company, the partners or persons comprising the association or company to determine that they are of good moral character. If the City Manager finds that the applicant or business will not comport with the peace, health, safety, convenience,. good morals and general welfare of the public or that facts exist to show the applicant is unfit, has a bad moral character, or a bad reputa- tion for truth, honesty or integrity, is under the age of eighteen, has committed an act which would be a violation of this chapter, he shall deny the application. If the application is denied, the applicant shall be notified in writing of such denial and his right of appeal to the City Council. Service of this notice may be made by personal service or by certified mail. If service is made by mail, it shall be deemed complete upon deposit of the notice in the U.S. Postal Service, directed to the applicant at his latest address appearing on the application. If the City Manager determines that the applicant for the Permit satisfies the conditions for issuance of a Permit, he shall issue the Alarm Business Permit. 5.49.050. APPLICATION FOR ALARM AGENT PERMIT - INVESTIGATION The City Manager shall cause an investigation to be made of any person applying for an Alarm Agent Permit to determine if the applicant is of good moral character -4- if C the City Manager determines that the issuance of a Permit to applicant will not comport with the peace, health, safety, convenience, good morals and general welfare of the public or that facts exist to show the applicant is unfit, has a bad moral character, or a bad reputation for truth, honesty or integrity, is under the age of eighteen, has committed an act which would be a violation of this chapter, he shall deny the application. If the application is denied, the applicant shall be notified in writing of such denial and his right of appeal to the City Council. Service of this notice may be made by personal service or by certified mail. If service is made by mail, it shall be deemed complete upon deposit of the notice in the U.S. Postal Service, directed to the applicant at his latest address appearing on the application. If the City Manager determines that the applicant for the Permit satisfies the conditions for issuance of a Permit, he shall issue the Alarm Agent Permit. The Permit shall be carried at all times by the person whom it is issued, and shall be exhibited upon demand. The City Manager may dispense with the investigation upon being furnished with an authenticated copy of a current Permit issued by another governmental agency located within Los Angeles or Orange County. The application fee shall be waived under these circumstances. 5.49.060. APPLICATION FOR ALARM PERMIT - INVESTIGATION. Upon receiving an application from any person for an alarm permit, the City Manager 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. An alarm permitee may be allowed a direct connection to the Newport Beach Police Department Alarm System, provided facilities are available for direct -5- • • connection. Each alarm permit holder whose system directly connects with the Newport Beach Police Department shall pay to the City on or before July 1 of each year,a fee set forth by resolution of the City Council. This section shall not be construed to permit telephonic alarm systems which are regulated pursuant to Chapter 5.48 of this Code. 5.49.070 SUSPENSION OR REVOCATION OF PERMITS. If at any time it shall come to the attention of the City Manager that the holder of any permit issued under this chapter has violated any provisions of this chapter, or rule or regulation made pursuant to this chapter, or if an alarm business or an alarm agent permittee has violated any other ordinance of the City or any state or federal law which constitutes moral turpitude, or has ceased to meet the requirements for issuance of a permit contained in this chapter, or if an alarm agent permittee is guilty of misconduct while on duty, the City Manager may suspend or revoke the permit. Any alarm business or alarm agent permit shall be deemed to be suspended or revoked as of the fifth day after the City Manager shall cause to be deposited in the United States Post Office a registered letter giving notice of such suspension or revocation and of the right to appeal to the City Council, directed to the permittee at the latest address appearing on the City records, or on the date when the notice is personally served on the permittee. An alarm permit may be revoked by the City Manager for continued and repeated false alarms, in addition to the prevention payment as provided in Section 5.48.090. If an alarm permit is revoked, as provided hereunder, it shall be deemed suspended and not used, for ten (10) days after the notice of suspension is deposited in the United States Post Office by registered mail, or personally served upon the permittee. If the permittee does not cause the system to be repaired or to be properly used and operated within said ten (10) day period or perfect an appeal to the City Council, the permit shall be revoked. 5.49.080 APPEALS TO CITY COUNCIL. If an applicant or permittee is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, or • suspending or revoking any permit under this chapter, such person may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. The City Clerk shall notify the appellant in writing of the time and place set for hearing the appeal. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal shall have been filed with the City Clerk shall hear the appellant, the City Manager and all relevant evidence and shall determine the merits of the appeal. The City Council may affirm, overrule or modify the decision of the City Manager, and its action thereon shall be final. • The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of twenty -one (21) days following the deposit of a registered letter in the United States Post Office or personal service of said letter advising the applicant or permittee of the action of the City Manager and of the right to appeal such action to the City Council. 5.49.090. FALSE ALARM - PREVENTION PAYMENT. When emergency messages, signals, or notices are received by the Police Department that evidence a failure to obtain a permit or comply with any other requirement under this Ordinance, the Chief of Police is authorized to demand that the owner or lessee of the alarm system initiating such message, signal or notice, or his representative disconnect the alarm system until it is • made to comply with said requirements. Any person who maintains or has an alarm connected to the police alarm system or fire alarm system which has caused any signal, message, or alarm to be transmitted to the Fire Department or Police Department, either by direct telephone -7- or other direct communication,or by communication from an alarm agent,or an alarm business permittee,or by a person responding to an audible alarm,and which is proven to be a false alarm, • shall pay a service charge to the City of Newport Beach as follows: (a) The period commencing with the date of installation and for six months thereafter - • • the first through third false alarms - there shall be no charge. (b) For the fourth and subsequent alarms - in the above period - the service charge shall be $25.00 per false alarm. (c) For any second or subsequent false alarm during a six month period following the initial six month period following installation, and for each six month period thereafter - the service charge shall be $25.00 per false alarm. An alarm permit may be suspended or revoked as provided in Section 5.49.080,in addition to the payment of the prevention payment as provided in this section 5.49.100. ALARM SYSTEM STANDARDS AND REGULATIONS. All alarm systems and appurtenant equipment installed within the City shall meet or exceed the highest standards of the industry and those standards which may hereafter be established by the City of Newport Beach. Fire alarm systems shall be approved by the State Fire Marshall when said systems are of a type subject to Fire Marshall approval. The City reserves the right to inspect all systems installed within the City. 5.49.110. ALARM REQUIREMENTS. The alarm permittee shall supply on his application for permit the names, addresses and phone numbers of the selling or installing alarm company or if the permittee is not under a service contract with an MM service will not activate the alarm system. The back -up power supply must be capable of at least four hours of operation. 5.49.150. TESTING ALARM. Permittees shall notify the Newport Beach Police Department Emergency Equipment Dispatcher • prior to any service, test, repair, maintenance, adjustment, alterations or installations of systems which would normally result in a police response, which might activate a false alarm. am alarm business permittee, at least two persons to call in event of an emergency. In the event the names, addresses and phone numbers change, the permittee shall supply the changes within twenty (20) days of the change. 5.49.120. AUTOMATIC SHUT OFF REQUIREMENTS - AUDIBLE ALARMS. All audible alarm systems, excluding the fire alarms which sound indicating the functioning of an automatic fire sprinkler system, shall include a device which will limit the generation of the audible sound of the system to not longer than thirty minutes after activation when the alarm system is protecting a residential structure and sixty minutes when the alarm system is protecting a commercial structure. Said systems, however, shall include an automatic resetting device which shall cause the subject system to be re -armed upon automatic shut off. 5.49.130. DELAY DEVICE REQUIREMENTS. All burglary detection alarm systems that directly transmit a signal to the police facility shall include a device which will provide • a minimum of a thirty second delay of the original transmission and activate a signal immediately in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation but prior to the transmission of a false alarm. 5.49.140. POWER SUPPLY. An alarm system shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electric service will not activate the alarm system. The back -up power supply must be capable of at least four hours of operation. 5.49.150. TESTING ALARM. Permittees shall notify the Newport Beach Police Department Emergency Equipment Dispatcher • prior to any service, test, repair, maintenance, adjustment, alterations or installations of systems which would normally result in a police response, which might activate a false alarm. am • Any alarm activated where such prior notice has been given shall not constitute a false alarm. 5.49.160 PROHIBITIONS. It shall be unlawful to install or use an alarm system which upon activation emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. 5.49.170 DIRECT DIAL TELEPHONE DEVICES. Any person who maintains or operates a telephone alarm system which is intended to automatically transmit a signal message or warning to any City of Newport Beach Police Department or Fire Department telephone lines shall comply with the provisions of this chapter as well as the provisions of Chapter 5.48 of this Code. 5.49.180 FEES. Fees prescribed heretofore in this Ordinance 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. 5.49.190 LIMITATION 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, 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. 5.49.200. CRIMINAL PENALTIES. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of $500.00 or imprisonment in the County Jail not exceeding six months, or by both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person." -10- J� • , Y � 5.49.210 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, or who is an alarm business or alarm agent, shall within six months after the effective date of this Ordinance apply for and receive a permit, as provided in this chapter. SECTION 2. This Ordinance shall be published once in the official newspaper of the City of Newport Beach, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of March , 1976, and was adopted on the 12th day of April , 1976, by the following vote, to wit: AYES, COUNCILMEN: McInnis, Dostal, Barrett, • Kuehn, Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ATTEST: P_ City Clerk CER?!F'" AS 7'5 C^;C'HAI AND • CITY CLERK OF THE C11Y P1-WFOU UACH -11- HRC:yz 3/1/76