Memphis Code of Ordinances § 9-16-3 Alarm user permits; responsibilities.
Sec. 9-16-3. - Alarm user permits; responsibilities.
A. Required.
1. No alarm user shall operate, or cause to be operated, an alarm system unless a valid alarm permit has been issued by the metro alarm office.
2. It is the responsibility of the alarm user to obtain a permit for each alarm system.
3. Alarm permits must be renewed each year on or before July 1 of each calendar year by the alarm user when the alarm systems contractor provides an alarm or monitoring service to an alarm user.
4. All duties and responsibilities for the use of and/or operation of a non-permitted alarm system operation at an alarm site and the obligation to pay all fines, penalties and other amounts authorized in this article in connection with such system shall be imposed on the alarm user.
5. A separate alarm permit is required for each alarm site. Multi-unit facilities must have a valid alarm permit for each unit. An alarm system may not be operated, used, installed or monitored to protect more than one alarm site.
6. If a licensed alarm systems contractor uses an alarm system to protect its own premises, it shall obtain a permit for such system as required in this section.
7. Upon submission of a completed permit form and the permit fee, the metro alarm office shall have discretion to issue an alarm permit to an applicant unless the applicant has:
a. Failed to provide proof of requisite alarm system requirements;
b. Failed to pay a fine assessed under this section;
c. Had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected to the satisfaction of the metro alarm administrator.
If the metro alarm administrator denies an application for a permit, the individual seeking the license may file an appeal with the metro alarm board.
8. The issuance of an alarm permit authorizing the use of an alarm system shall not create any duty or liability on the part of the city or guarantee any police or fire department or other response from the city. Nothing in this article shall be construed to waive the city's governmental immunity from suit or from liability.
B. Application information.
1. Except as otherwise set out here below, each permit application or request must include the following information:
a. The name, address, and telephone numbers of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this section;
b. The name, address, and telephone numbers of the alarm systems contractor providing alarm or monitoring services to the alarm permit holder;
c. The classification of the alarm site as residential, commercial, medical, or government owned facility;
d. If the alarm is housed at an individual facility or the alarm system is housed at a multi-unit facility, whichever is applicable;
e. Signed certification from the alarm user and the alarm systems contractor stating;
(1) The date of installation;
(2) The name, address, telephone number, Tennessee Alarm Contractor's License number and Tennessee Qualifying Alarm Agent's license number for the alarm systems contractor performing the alarm system installation, and responsible for providing repair service to the alarm system. If the alarm systems contractor is not required to be licensed under the Tennessee Alarm Contractor's Licensing Law, all provisions in section 9-16-7 of this chapter shall be met by the alarm systems contractor in addition to all other provisions under this chapter and chapters 2-28 through 2-33 prior to an alarm user permit being issued;
(3) The name, address, telephone number, state alarm contractor's license number and the state qualifying alarm agent's license number for the monitoring company or central station if different from the alarm systems contractor performing the responsibilities listed in this section. If the monitoring company is not required to be licensed under the state alarm contractor's licensing law, all revisions in section 9-16-7 of this chapter shall be met by the monitoring company in addition to all other provisions under this chapter and chapters 2-28 through 2-33;
(4) A list containing the names, addresses and telephone numbers of at least two persons and at least one of those individuals must have keys and keypad numbers for the residential alarm site;
(5) That a set of written operating instructions for the alarm system;
(6) That the alarm systems contractor has trained the applicant, including instructions on how to avoid false alarms and the penalties, fines and consequences for false alarms under this chapter have been provided to the alarm user;
(7) A certificate from an alarm systems contractor duly licensed under the state alarm contractor's licensing board signed by the designated qualifying agent stating that the alarm system has been tested. If the alarm systems contractor is not required to be licensed under state alarm contractor's licensing board, then all provisions in section 9-16-7 of this chapter in addition to all other provisions under this chapter and chapters 2-28 through 2-33 shall be met by both the alarm systems contractor and the designated qualifying agent; and
(8) Entities identified as proprietary under definition in section 9-16-1 are exempt and provide only that information as required by the metro alarm administrator; and
f. Classification of the alarm site as being equipped with duress alarm, panic alarm, hold up alarm, or remote visual inspection if applicable.
2. Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue or renew a permit.
3. An alarm permit cannot be transferred to another person or another address, except as provided for in subsection 19-16-3(F)(2). An alarm user shall inform the alarm administrator of any change that alters any information listed on the permit application within five business days.
C. Fees.
1. All fees, fines and penalties owed by an applicant must be paid before a permit may be issued or renewed. Payments will not be accepted on current fees, fines and penalties until past due fees, fines and penalties are paid in full. The permit fee shall be issued by the metro alarm administrator, or alarm administrator's designee, upon the following conditions:
a. There shall be a $30.00 permit fee for the first year for residential customers. There shall be a $60.00 permit fee for the first year for commercial customers.
b. There shall be an annual renewal fee of $10.00 for residential customers and $25.00 for commercial customers. Renewal fees become delinquent after July 30 of each calendar year. Fees paid after July 30 will include a delinquent fee of $30.00 for residential customers and $60.00 for commercial customers.
c. It is the responsibility of the alarm user to renew the permit for each active alarm or monitoring system.
D. The metro alarm administrator may deny the renewal of permits based if the permit holder has outstanding fees, fines or penalties which have been incurred as a result of the use of the system have not been paid. If an applicant has false alarm citations pending in the administrative process or a court system, then a permit may be issued or renewed at the discretion of the metro alarm administrator.
E. Commercial alarm users. The following provisions are applicable to commercial alarm users who have at least six false alarms from July 1 to June 30 of any year.
1. Commercial alarm users may be required to show proof an alarm system with the ability to confirm validity of the alarm prior to police dispatch.
2. A commercial alarm system must confirm an unauthorized entry or attempted unauthorized entry upon the premises, building or structure protected by alarm system.
3. In-person confirmation: confirmation may be made by the alarm system user, other person at or near the scene of the activation, private guard responder. An in-person confirmation shall include an observation of or inspection of the premises.
4. Digital verification: on-site digital verification may be made by an alarm systems contractor or alarm user verifying the validity of alarm through digital surveillance. The images must confirm unauthorized entry or attempted unauthorized entry.
F. Multi-unit alarm systems.
1. Alarm systems in multi-unit dwelling contracted for by individual tenant. If an alarm system is installed by an individual tenant in an apartment complex unit, the tenant may provide the name of a representative of the apartment owner or property manager who can grant access to the apartment to the alarm business which is providing any services to the alarm user pertaining to the alarm system.
A tenant of a multi-unit dwelling shall not operate an alarm system in a residential unit before an alarm permit has been issued by the alarm administrator. The fees for this permit and the renewal of this permit shall be the same as the fees and renewal for a residential alarm site.
For the purpose of enforcing this section against an individual residential unit, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's residential unit.
2. Alarm systems in multi-unit dwelling within residential units contracted by owner or property manager. If the owner or property manager of a multi-unit dwelling provides alarm systems in each residential unit as an amenity, then the owner or property manager of the multi-unit dwelling shall not operate an alarm system in each residential unit before an alarm permit has been issued by the alarm administrator. The permits are transferable from tenant to tenant at the same alarm site. Each living unit within the multi-unit dwelling shall be considered one alarm site and be required to be permitted. The fees for this permit and the renewal of this permit shall be the same as the fees and renewal for a residential alarm site.
All units shall be required to be permitted if the alarm system is active, regardless of the unit's occupancy status.
For purposes of assessing fines and enforcing this section, the master alarm permit holder is responsible for payment of fines for false alarm dispatches emitted from the alarm systems in residential units.
3. Alarm systems in multi-unit facility contracted for by individual alarm user. If an alarm system is installed by an individual alarm user, the individual alarm user may provide the name of a representative of the multi-unit facility or property manager who can grant access to the unit to the alarm business which is providing any services to the individual alarm user pertaining to the alarm system.
An individual alarm user in a multi-unit facility shall not operate an alarm system in the multi-unit facility before an alarm permit has been issued by the alarm. The fees for this permit and the renewal of this permit shall be the same as the fees and renewal for a commercial alarm site
For the purpose of enforcing this section against an individual alarm user, the individual alarm user is responsible for false alarm dispatches emitted from the individual's alarm system.
4. Alarm systems in multi-unit facility contracted by the owner or property manager. If the owner or property manager of a multi-unit facility provides alarm systems in each unit as an amenity, then the owner or property manager of the multi-unit facility shall be required to obtain a permit, or apply for a permit for each unit and show proof of a permit prior to activating the alarm system. The permits are transferable from tenant to tenant at the same alarm site. However, if the owner or property manager requires individual tenants to apply for and obtain permits, the permit shall not be transferable. Regardless, each unit within the multi-unit facility shall be considered one alarm site and be required to be permitted. The fees for this permit and the renewal of this permit shall be the same as the fees and renewal for a commercial alarm site.
All units shall be required to be permitted if the alarm system is active, regardless of the unit's occupancy status.
For purposes of assessing fines and enforcing this section, the master alarm permit holder is responsible for payment of fines for false alarm dispatches emitted from the alarm systems in multi-unit facilities.
G. Permit duration and renewal.
1. A permit shall expire at midnight on June 30 of each calendar year. The permit must be renewed annually, for a fee of $10.00 for residential users and $25.00 for commercial users by the metro alarm administrator. The alarm administrator may notify the alarm user of the need to renew prior to the expiration of the permit. It is the responsibility of the alarm user to renew the permit prior to the expiration date. Failure to renew will be classified as use of a non-permitted alarm system and penalties shall be assessed without waiver; except, if the alarm system is installed after January 1, but before July 1 of each calendar year, and the permit fee was paid, the alarm site will not be subject to an annual renewal fee until the following July 1, provided the alarm site has not exceeded its false alarm threshold two false alarms.
2. Fees paid after July 30 will include a delinquent fee of $30.00 for residential customers and $60.00 for commercial customers.
3. If an alarm user does not have a proper permit, the alarm user will be charged an additional $20.00 for administrative costs associated with false alarms.
H. Proper alarm systems operation and maintenance. An alarm user shall:
1. Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm dispatches;
2. Make every reasonable effort to respond or cause a representative to respond to the alarm system's location within a reasonable amount of time when notified by the city or the alarm company to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises;
3. Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report; and
4. Adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of the alarm system will sound for no longer than 15 minutes after being activated. This shall provision shall not apply to duress, hold up, panic or glass break signals.
5. The alarm user or permit holder shall cause a properly sized and easy to locate address of the alarm company to be placed at the alarm site as determined by the metro alarm administrator.
(Ord. No. 5729, § 1(28-128), 8-20-2019)