HomeMy WebLinkAbout1704 - Alarm Systems & Alarm AgentsORDINANCE NO. 1704
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.49 OF THE NEWPORT
BEACH MUNICIPAL CODE TO REQUIRE PERMITS
FOR ALARM SYSTEMS, REGISTRATION OF ALARM
AGENTS AND MAKING OTHER CHANGES
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
Definitions
5.49.020
Registration of Alarm Agents
5.49.030
Permit for Alarm System Required
5.49.040
Application for Permit
5.49.050
Application for Alarm Permit -
Investigation
• 5.49.060
5.49.070
Suspension and Revocation of Permits
Appeal to Appeals Board
5.49.080
Appeals to City Council
5.49.090
False Alarm - Prevention Payment
5.49.100
Alarm System Standards and Regulations
5.49.110
Alarm Requirements
5.49.120
Automatic Shut Off Requirements -
Audible Alarms
5.49.130
Delay Device Requirements
5.49.140
Power Supply
5.49.150
Testing Alarm
5.49.160
Prohibitions
5.49.170
Direct Dial Telephone Devices
5.49.180
Fees
5.49.190
Limitation on Liability
5.49.200
Criminal Penalties
5.49.210
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, maintain-
ing, moving, repairing,
replacing, selling, servicing, respond-
IC lip
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.
Day means a calendar day.
Proprietor Alarm means an alarm which is not regularly
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serviced by an alarm business.
Person means a person, firm, corporation, association,
partnership, individual, organization or company.
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 fire department to find any evidence
of intrusion, fire, or other need or cause for activating 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. REGISTRATION OF ALARM AGENTS: No person
shall engage in, conduct or operate as an alarm agent without
registering his name and filing a copy of his state indentifica-
tion card with the Chief of Police. No fee or application shall
be required for such registration.
5.49.030. PERMIT FOR ALARM SYSTEM REQUIRED: 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.
5.49.040. APPLICATION FOR PERMIT. Applications for
an Alarm Permit shall be filed with the Finance Director on forms
provided by the City and the applicant shall at that time pay the
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. Permits provided for in this chapter shall
be issued by the Finance Director and shall be non - transferable.
5.49.050. APPLICATION FOR ALARM PERMIT - INVESTIGA-
TION: Upon receiving an application from any person for an alarm
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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 permittee may be allowed
a direct connection to the Newport Beach Police Department Alarm
System, provided facilities are available for direct 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.
5.49.060 SUSPENSION AND REVOCATION OF PERMITS: If
at any time it shall come to the attention of the Chief of Police
that the holder of a permit issued under this chapter has violated
any provisions of this chapter, rules, or regulations made pursuant
to this chapter, including, but not limited to, false alarms
which exceed the numbers permitted pursuant to Section 5.49.090
of this chapter or has refused to pay the false alarm prevention
payment as provided in said section, the Chief of Police may
suspend the permit.
If an alarm permit is suspended, 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.
Upon failure of the permittee to cause the system to be repaired
or to be properly used and operated within said ten (10) day period,
to pay the delinquent false alarm prevention payment, or to perfect
an appeal to the Appeals Board, the permit shall be revoked at
the expiration of said ten (10) day period and the alarm system
may not thereafter be used until a new permit is issued.
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5.49.070. APPEAL TO APPEALS BOARD: There is hereby
created an Appeals Board within the Police Department of the
City of Newport Beach. The members of the Board shall be appointed
,• by the Chief of Police and shall be three (3) in number.
In the event a permit is suspended as provided in
Section 5.49.060 of this chapter, the permittee may perfect an
appeal to the Appeals Board by filing a Notice of Appeal with the
Clerk of the Board setting forth the facts and circumstances
regarding the appeal. Said Notice of Appeal shall be filed not
later than ten (10) days after service of Notice of Suspension as
provided in Section 5.49.060 of this chapter.
The Appeals Board shall consider the appeal not less
than five (5) days from the date on which the appeal is made and
not later than fifteen (15) days from the date on which such
appeal is filed with the Clerk of the Board, The Board shall hear
all relevant evidence and shall determine the merits of the appeal.
The Board may affirm, overrule or modify the decision of the
.0 Chief of Police.
5.49.080. APPEALS TO CITY COUNCIL: If an appellant
is aggrieved by any action of the Appeals Board, the appellant
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 of the Appeals Board. The
City Clerk shall notify the appellant in writing of the time and
place set for hearing of the appeal. The City Council at its
next regular meeting held not less than five (5) days from the
date of which such appeal has been filed with the City Clerk shall
hear the appellant, the Chief of Police and all relevant evidence
and shall determine the merits of the appeal. The City Council
may affirm, overrule or modify the decision of the Appeals Board,
and its decision shall be final.
• The right to appeal to the City Council,from an action
of the Appeals Board shall terminate upon the expiration of
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fifteen (15) days following the deposit of a registered letter
in the United States Post Office or personal service of said
letter, advising the appellant of the action of the Appeals Board
and the right of appeal 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
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 is proven to be a false alarm, shall pay
a false alarm prevention payment 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 5.49.060, 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 alarm
business, 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
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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 oppor-
tunity 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 Dis-
patcher prior to any service, test, repair, maintenance, adjust-
ment, alterations or installations of systems which would normally
result in a police response, which might activate a false alarm.
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 Depart-
ment 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
je within the City of Newport Beach.
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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 Five Hundred Dollars ($500.00) or imprisonment in
the County Jail not exceeding six (6) 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.
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, shall apply for and receive a permit, as provided in
this chapter, within six (6) weeks after the effective date of
this ordinance."
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
10th day of January , 1977 , and was adopted on the
24th day of January , 1977 , by the following vote, to
CERTIFIED AS THE ORIGINAL
wit: CERTIFIED AS TO PUBLICATION
J" 2 7 1977
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ATTEST: CITY
CLERK OF THE CITY OF NE RT BEACH
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'City Clerk
W
AYES, COUNCILMEN: Dostal, Barrett, Kuehn
McInnis. Rogers, Ryckoff, Williams
NOES, COUNCILMEN: None
ABSENT COUNCILMEN:None
' Mayor