For the purpose of this article, 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, maintaining, moving, repairing, replacing, selling, servicing, responding 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 article.
"Applicant"
means a person, firm or corporation who files an application for a permit as provided in this article.
"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 Buena Park.
"Day"
means a calendar day.
"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 or her 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 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.
"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.
(Prior code § 3A-1)
No person shall engage in, conduct or operate as an alarm agent without registering his or her name and filing a copy of his or her state identification card with the chief of police. No fee or application shall be required for such registration.
(Prior code § 3A-2)
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 article.
(Prior code § 3A-3)
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 article shall be issued by the finance director and shall be nontransferable.
(Prior code § 3A-4)
A. 
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 article. If the proposed system complies with this article, the finance director shall cause a permit to be issued.
B. 
An alarm permittee may be allowed a direct connection to the Buena Park police or fire alarm system, provided facilities are available for direct connection. Each alarm permit holder whose system directly connects with the Buena Park fire or police department shall pay to the city, on or before July 1st of each year, a fee set forth by resolution of the city council.
(Prior code § 3A-5)
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 article has violated any provisions of this article, rules or regulations made pursuant to this article, including but not limited to false alarms which exceed the numbers permitted pursuant to this article, or has refused to pay the false alarm prevention payment as provided in Section 5.08.090, the chief of police may suspend the permit.
B. 
If an alarm permit is suspended, as provided hereunder, it shall be deemed suspended and not used for ten 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 such ten-day period, to pay the delinquent false alarm prevention payment, or to period an appeal to the appeals board, the permit shall be revoked at the expiration of the ten-day period, and the alarm system may not thereafter be used until a new permit is issued.
(Prior code § 3A-6)
A. 
There is created an appeals board within the police department of the city. The members of the board shall be appointed by the chief of police and shall be three in number.
B. 
In the event a permit is suspended as provided in this article, 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. Such notice of appeal shall be filed not later than ten days after service of notice of suspension as provided in this chapter.
C. 
The appeals board shall consider the appeal not less than five days from the date on which the appeal is made and not later than fifteen 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 and make such recommendation to the police chief.
(Prior code § 3A-7)
If an appellant is aggrieved by any action of the appeals board, the appellant may appeal to the city council, pursuant to the provisions of Section 5.00.320 of this title.
(Prior code § 3A-8; amended during 1990 codification)
A. 
When emergency messages, signals or notices are received by the police or fire department that evidence a failure to obtain a permit or comply with any other requirement under this article, the chief of police or fire chief, as the case may be, or their designee is authorized to demand that the owner or lessee of the alarm system initiating such message, signal or notice, or his or her representative, disconnect the alarm system until it is made to comply with said requirements.
B. 
Any person who maintains or has an alarm connected to the police alarm system or fire 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 in an amount specified by resolution of the city council. This payment shall not apply during the first thirty days following the installation of a new system.
C. 
All alarm permits may be suspended or revoked as provided in this article, in addition to the payment of the prevention payment as provided in this chapter.
(Prior code § 3A-9; amended during 1990 codification; Ord. 1260 § 2, 1991)
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. Fire alarm systems shall be approved by the State Fire Marshal when such systems are of a type subject to fire marshal approval. The city reserves the right to inspect all systems installed within the city.
(Prior code § 3A-10)
The alarm permittee shall supply on his or her 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 days of the change.
(Prior code § 3A-11)
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 shutoff.
(Prior code § 3A-12)
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.
(Prior code § 3A-13)
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 backup power supply must be capable of at least four hours of operation.
(Prior code § 3A-14)
Permittees shall notify the Buena Park fire or police department emergency equipment dispatcher prior to any service, test, repair, maintenance, adjustment, alterations or installations of systems which would normally result in a fire or police response, which might activate a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm.
(Prior code § 3A-15)
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.
(Prior code § 3A-16)
Any person who maintains or operates a telephone alarm system which is intended to automatically transmit a signal message or warning to any city police department or fire department telephone lines shall comply with the provisions of this article.
(Prior code § 3A-17)
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.
(Prior code § 3A-18)
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 emergency unit, or damage caused by delay in responding to any alarm by any city officer, employee or agent.
(Prior code § 3A-19)
Any person who violates any provision of this chapter shall be guilty of a misdemeanor. 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.
(Prior code § 3A-20; amended during 1990 codification)