Chapter 5.48
DIRECT ALARM MONITORING SYSTEM*
Sections:
5.48.040 Additional Requirements.
5.48.065 Notification of Change.
5.48.080 Annual Monitoring Charge.
* Prior ordinance history: Ords. 1327, 1681, 1738 and 94-46.
5.48.010 Intent.
Direct alarm monitoring is a service operated by the Police Department that is provided to benefit the citizens of the City. 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 ensure the cost of the service is recovered and to promote efficient policing operations. (Ord. 2023-22 § 306, 2023; Ord. 99-19 § 1 (part), 1999)
5.48.020 Definitions.
“Department” means the Newport Beach Police Department or the Newport Beach Fire Department as the case may be.
“Direct alarm monitoring” and “direct alarm monitoring system(s)” mean any mechanism, equipment or device which is designed to operate automatically through the use of a landline or cellular line to transmit a signal, message or warning to another location.
“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. (Ord. 2023-22 § 306, 2023; Ord. 2013-11 § 21, 2013; Ord. 99-19 § 1 (part), 1999)
5.48.030 Permit Required.
No person shall operate or maintain a direct alarm monitoring system which automatically transmits a signal, message or warning to any Department telephone line, without first obtaining a permit pursuant to Chapter 5.49. (Ord. 2023-22 § 308, 2023; Ord. 99-19 § 1 (part), 1999)
5.48.040 Additional Requirements.
A. In addition to the information required by Chapter 5.49, applicants for permits to install, maintain or operate a direct alarm monitoring system which is intended to automatically transmit a signal, message or warning to any Department 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.
B. The Chief of the concerned Department shall approve such application if he finds that:
1. The use of the alarm system to transmit a signal, message or warning to a designated Department line will not interfere with the orderly conduct of City business;
2. The person installing the system maintains an adequate service organization to repair, maintain and otherwise service the direct alarm monitoring systems sold or leased by him;
3. The application complies with the applicable provisions of Chapter 5.49.
C. The Department Chief may impose reasonable conditions on the exercise of the permit. (Ord. 2023-22 § 309, 2023; Ord. 99-19 § 1 (part), 1999)
5.48.050 Right of Inspection.
The Chief of the concerned Department shall have the right to inspect any direct alarm monitoring 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. (Ord. 2023-22 § 310, 2023; Ord. 99-19 § 1 (part), 1999)
5.48.060 Restricted Numbers.
No person shall install, operate or maintain a direct alarm monitoring system which automatically transmits a signal, message or warning to any Department telephone line, except to such telephone number or numbers as designated by the permit issued under the provisions of this chapter. (Ord. 2023-22 § 311, 2023; Ord. 99-19 § 1 (part), 1999)
5.48.065 Notification of Change.
Direct alarm monitoring system permits are not transferable. Permittees shall notify Police Chief within five 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 property. (Ord. 2023-22 § 312, 2023; Ord. 99-19 § 1 (part), 1999)
5.48.070 Revocation.
Any permit issued for a direct alarm monitoring system may be revoked pursuant to the provisions of Chapter 5.49, if the direct alarm monitoring 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 monitoring charge specified in Section 5.48.080. (Ord. 2023-22 § 313, 2023; Ord. 99-19 § 1 (part), 1999)
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 1st of each year, a monitoring charge as established by resolution of the City Council. (Ord. 99-19 § 1 (part), 1999)
5.48.085 Signs.
Permittees shall not display any sign indicating the direct alarm monitoring system permitted under this chapter as an aid to service or safety except approved signs provided by City. Approved signs shall be displayed only in connection with the maintenance of a valid permit issued under this chapter and in compliance with all permit conditions and regulations of Chief of Police. Fees representing City’s cost for approved signs shall be paid in the amount adopted by resolution of the City Council. (Ord. 2023-22 § 314, 2023; Ord. 99-19 § 1 (part), 1999)
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. (Ord. 99-19 § 1 (part), 1999)