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, maintaining, moving, repairing, replacing, selling, servicing, responding to 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 Section 5.36.080.
"Applicant"
means a person, firm or corporation who file 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 La Habra.
"Day"
means a calendar day.
"Direct alarm"
means any alarm system connecting an authorized source to the La Habra police department by a leased telephone line or any other direct line that has no intermediate station and terminates at an independent monitor module at the police department.
"Direct-dial telephone device (automatic dialing service)"
means any device which is interconnected to a voice-grade telephone line and is programmed to select a predetermined telephone number and transmit by prerecorded voice message or code signal an emergency message indicating a need for emergency response.
"False alarm"
means the activation of an alarm system, whether or not the system is a direct 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.
"Permit revocation"
means the permittee can no longer maintain an alarm which emits a sound, signal or message to which the police are expected to respond.
"Person"
means a person, firm, corporation, association, partnership, individual, organization or company.
"Police chief"
means the chief of police of the city of La Habra or his designee.
"Police response"
means any individual police officer or group of officers arriving at the alarm location to investigate an alarm and report their findings.
"Proprietor alarm"
means an alarm which is not regularly serviced by an alarm business.
"Terminal monitor module"
means a device installed at the police facility to which direct alarms are connected by means of a telephone lease line and which is maintained by the city or its licensee.
(Ord. 1043 § 1, 1978; Ord. 1424 § 1, 1992)
No person shall engage in, conduct or operate as an alarm agent without registering his name and filing a copy of his state identification card with the chief of police. No fee or application shall be required for such registration.
(Ord. 1043 § 1, 1978)
No person shall install, or cause to be installed, use, maintain, or possess an alarm system on any business premises or residential premises owned or in the possession or control of such person within the city without first having obtained an alarm user's permit from the finance director in accordance with this chapter.
(Ord. 1043 § 1, 1978; Ord. 1424 § 2, 1992)
Application for an alarm permit shall be filed with the finance director on forms provided by the city and shall be accompanied by the required initial and annual renewal fee established by resolution of the city council. The fee is established to cover the cost of investigating and processing the applications and permits and is not refundable. The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary by the chief of police or his designee. Permits provided for in this chapter shall be issued by the finance director and shall be nontransferable.
(Ord. 1043 § 1, 1978; Ord. 1434 § 3, 1992)
The applicant shall supply on his application for an alarm permit the following information:
A. 
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 who will render service or repairs during any hour of the day or night, at least two persons to call in event of an emergency who have a key to the premises;
B. 
The name of the business, and address and telephone numbers where the alarm was installed for the purpose of providing coverage;
C. 
The type of alarm installed;
D. 
In the event the names, addresses or telephone numbers change, the applicant or permittee shall give written notice thereof to the finance director with the changes within twenty days from the date of the changes. The finance director shall provide the police department communications center with a copy of the written notice which provides/states the changes. No additional fees shall be imposed for changes to alarm registration information required by this subsection;
E. 
All alarm permits must be kept and posted in a conspicuous place on the premises where the alarm location is located and shall be presented upon demand by a police officer, firefighter or other designee of the chief of police. No permit shall be issued, reinstated or renewed until all alarm system permit fees are paid.
(Ord. 1043 § 1, 1978; Ord. 1424 § 4, 1992)
Upon receiving an application from any person for a direct alarm permit, the chief of police 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 police department alarm system, provided facilities are available for direct connection. Each alarm permit holder whose system directly connects with the police department shall pay the city on or before January 1st of each year, a monitoring fee set forth by resolution of the city council. This section shall not be construed to permit telephonic alarm systems which are prohibited pursuant to this chapter. Costs of connection of the direct alarm system shall be paid by the permittee.
(Ord. 1043 § 1, 1978)
A. 
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, or rules or regulations made pursuant to this chapter, including, but not limited to, nonpayment of fees required by this chapter, refusal to pay false alarm fees as provided in Section 5.36.090, or false alarms which exceed the numbers permitted pursuant to Section 5.36.090, the chief of police, in the exercise of sound discretion and without liability for so doing, suspend or revoke the permit, and place the alarm system on a "nonresponse" status. The chief of police may terminate the "nonresponse" status based upon convincing evidence that the alarm owner has corrected all problems relating to the alarm and has paid all fees and charges due.
B. 
If an alarm permit is to be revoked, as provided in subsection A of this section, the chief of police shall give the permittee ten days' notice of his intention to revoke the permit by personal service or by registered mail addressed to permittee at the address set forth on the permit application. The notice shall require permittee to cause the alarm system to be repaired, or properly used and operated or fees paid and proper or the corrections to be made within ten days of the date of the notice and that failure to comply with the notice will cause disconnection of the system from the police department terminal. The notice shall also provide that permittee may appeal the revocation to the city council as provided in Section 5.35.080. Failure to timely comply with the notice shall result in disconnection of the direct alarm system without further notice, in addition to any other penalty provided by this chapter.
(Ord. 1043 § 1, 1978; Ord. 1424 § 5, 1992)
A. 
In the event a permit is revoked, or notice of revocation is given as provided in Section 5.36.070, the permittee may appeal and request a hearing, by filing with the city clerk a statement addressed to a hearing officer who shall be appointed by the city manager. The statement shall set forth the facts and circumstances regarding the action of the chief of police within the time limits specified in this section. The right to appeal from an action of the chief of police shall terminate upon the expiration of ten days following the deposit of the notice of intent to revoke in the United States Post Office or personal service of the notice.
B. 
If a hearing is requested, written notice of the time and place of the hearing shall be served on the permittee by the chief of police by certified mail or by personal delivery at least ten days prior to the date set for the hearing.
C. 
The permittee shall have the right to present written and oral evidence, subject to the right of cross-examination. The hearing officer shall consider the appeal and may affirm, overrule or modify the decision of the chief of police. The decision of the hearing officer shall be final upon the issuance of written findings.
D. 
An alarm user shall immediately discontinue use of the alarm system upon being notified by certified mail of the revocation of the permit.
E. 
An alarm user whose permit has been revoked may apply for a new permit as provided in Section 5.36.040. Once a permit is revoked, the chief of police may impose reasonable restrictions and conditions upon the user, before a new permit is issued. Any restrictions and conditions imposed shall be written on the permit.
F. 
All monitoring fees paid by the permittee as provided by this chapter shall be forfeited in the event of revocation. When an appeal is filed, the direct alarm system shall not be disconnected and the order of revocation shall be stayed until such time as the appeal process is completed and a final decision is rendered.
(Ord. 1043 § 1, 1978; Ord. 1424 § 6, 1992)
A. 
When emergency messages are received by the police department that evidence a failure to comply with the requirements of this chapter or a permit issued hereunder, the chief of police is authorized to demand that the owner or lessee of the alarm system initiating such messages, or his representative, disconnect the alarm system until it is made to comply with the requirements.
B. 
The owner or lessee of any alarm system shall be assessed a fee as established by resolution of the city council for each false alarm in excess of three during any calendar year period beginning January 1 and ending on December 31 of the same year, paid to the finance director for deposit in the general fund.
C. 
An alarm permit may be suspended or revoked as provided in Section 5.36.070, in addition to the payment of the prevention payment as provided in this section, or in the event of failure to pay the false alarm fees.
(Ord. 1043 § 1, 1978; Ord. 1411, 1991; Ord. 1424 § 7, 1992; Ord. 1810 § 2, 2019)
All alarm systems and appurtenant equipment in-stalled within the city shall meet or exceed the highest standards which may hereafter be established by the city. Fire alarm systems shall be approved by the State Fire Marshal when the systems are of a type subject to Fire Marshal's approval. The city reserves the right to inspect all alarm systems subject to all applicable laws including Code of Civil Procedure Section 1822.50, et seq.
(Ord. 1043 § 1, 1978; Ord. 1424 § 8, 1992)
All audible alarm systems, excluding the fire alarms which sound indicating the functioning of an automatic fire sprinkler system shall include an automatic shutoff feature designed to cut off sound within fifteen minutes in the residential area and within twenty minutes within the commercial area maximum after activation. The systems, however, shall include an automatic resetting device which shall cause the subject system to be rearmed upon automatic shutoff. A battery backup power supply must maintain the alarm system for a minimum of four hours in case of power failure.
(Ord. 1043 § 1, 1978; Ord. 1424 § 9, 1992)
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.
(Ord. 1043 § 1, 1978)
A. 
It is 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.
B. 
No person shall use, permit or cause to be used any telephone device or telephone attachment that automatically selects a public primary trunk line of the city or police department and then reproduce any prerecorded message to report any burglary, robbery or other emergency.
C. 
No person shall use, or allow to be used, any direct-dial telephone device which automatically dials a city or police department telephone number.
(Ord. 1043 § 1, 1978; Ord. 1424 § 10, 1992)
Subscribers of direct alarms terminating at the monitor module at the police department shall pay a yearly monitoring fee as determined by the city's fee schedule. The fee for the applicable year shall be paid on or before January 1st of the applicable year, or upon connection of the system. Monitoring fees are nonrefundable in the event the system is disconnected.
(Ord. 1043 § 1, 1978)
The permit fees established by resolution of the city council shall apply to any direct alarm systems installed. The permit fees shall apply to all businesses and residents with both existing alarms and those installed after the resolution date. The monitoring fee established by this chapter shall apply to all systems, irrespective of when the system is in-stalled or connected.
(Ord. 1043 § 1, 1978; Ord. 1424 § 11, 1992)
The city 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 alarm by any city office, employee or agent.
(Ord. 1043 § 1, 1978)
A. 
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 or imprisonment in the county jail not exceeding six months. 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.
B. 
Any person violating any of the provisions of this chapter who has previously been found guilty of a misdemeanor under this chapter for violation of the same section within the past twelve-month period, may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment for a period not to exceed six months, or both such fine and imprisonment.
C. 
The operation of any alarm system contrary to the provisions of this chapter shall be, and is hereby deemed to be, unlawful and a public nuisance. The city may commence an action at law or in equity in any court of competent jurisdiction against such violator to compel compliance with the provisions of this chapter.
(Ord. 1043 § 1, 1978; Ord. 1424 § 12, 1992)