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A. Automobile alarms. The provisions of this chapter shall not apply to audible alarms affixed to automobiles.
B. Alarm officer. The provisions of this chapter shall not apply to any alarm system installed or maintained by the Alarm Officer, or any alarm that is otherwise exempted by law from the provisions of this chapter.
C. Telephone systems. The provisions of this chapter shall not apply to any auxiliary device installed by a telephone company to protect telephone company systems that might be damaged or disrupted by the use of an alarm system.
(Ord. 1068, passed 5-18-04)
A. Permit. No person shall use or operate an automatic dialing device without having an alarm system permit.
B. Application for permit and permit conditions.
1. Applications for permits under this section shall be made on such forms as may be prescribed by the Alarm Permit Coordinator and shall be signed by the alarm subscriber and the person who provides or installs such device;
2. The device must be programmed to initiate and deliver the recorded message or signal only to such city telephone number or numbers as may be assigned by the Alarm Permit Coordinator;
3. The alarm subscriber must notify the Alarm Permit Coordinator if the use of such device is discontinued; and
4. Each user of an automatic dialing device is subject to payment of reimbursement fees for false alarms pursuant to § 8.38.100.
C. Application and inspection fees. Each application shall be accompanied by an alarm system application fee as established by resolution of the City Council. If in the opinion of the Alarm Permit Coordinator an inspection of the premises where such device is to be located is necessary or desirable, an inspection fee shall be paid. Prior to issuing any such permit, the Alarm Permit Coordinator may require an applicant to present for examination and inspection the device which the applicant propose to install and such other information relating to such device as may be necessary to establish its adequacy and suitability for the purpose intended.
D. Permit. Any permit issued by the Alarm Permit Coordinator pursuant to the provisions of this section shall specify the city telephone number or numbers to which any such device may be programmed. It shall be unlawful for the persons to whom such a permit is issued to utilize any city telephone number other than the number or numbers specified in such permit.
E. Revocation of permit. Any permit issued pursuant to the provisions of this section may be revoked by the Alarm Permit Coordinator at any time for any of the following reasons:
1. The use of such device or devices substantially impairs the city's communications facilities.
2. Failure to properly maintain and service such device.
3. Failure to pay any amounts due by reason of the malfunctioning of such device.
4. Maintaining a public nuisance alarm, as described in § 8.38.110.
F. Except as otherwise provided in this section, all provisions of this chapter shall apply to automatic dialing devices.
(Ord. 1068, passed 5-18-04; Am. Ord. 1072, passed 7-20-04)
A. Audible alarm systems similar to sirens. It is unlawful to install or maintain on the exterior or interior of any building, an alarm system which upon actuation emits a sound which is similar to sirens in use on emergency vehicles or vehicles used for civil defense purposes.
B. Miscellaneous. It is unlawful to install, use, maintain or deliberately activate any alarm system designed to detect burglaries or robberies for any purpose other than reporting such burglaries, robberies, or other crimes involving risk of personal harm or property damage. Deliberately activating an alarm for any purpose other than a condition that the alarm is intended to detect, is a misdemeanor.
(Ord. 1068, passed 5-18-04)
A. Except as provided in § 8.38.140 B, the first violation of any provision of this chapter occurring within a one (1) year period shall be punishable as an infraction. Each violation thereafter within such one (1) year period shall be punishable as a misdemeanor.
B. The conviction of any person for violation of any provision of this chapter shall not release such person from paying any business taxes, charges, fees, license fees, or reimbursement for false alarm charges due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy.
(Ord. 1068, passed 5-18-04)
Nothing in this chapter shall be deemed to impose any liability on the part of the City of Brea as to any alarm subscriber or to any other person, as a result of any defect in an alarm system, failure of the city to receive an alarm, or failure of the city to respond to any alarm regulated by this chapter, whether false or not. The City Council declares that it shall be entirely within the discretion of each police officer receiving a report of an alarm activation, as to whether or not to respond to such alarm, and that the City of Brea assumes no duty to respond to any alarm as a result of the enactment of this chapter or the issuance of any permit hereunder.
(Ord. 1068, passed 5-18-04)
The violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Ord. 1068, passed 5-18-04)