Memphis Code of Ordinances § 9-16-5 False alarms fees and penalties; dispatch records; appeals.
Sec. 9-16-5. - False alarms fees and penalties; dispatch records; appeals.
A. Fines.
1. An alarm user shall be subject to fines, warnings, civil penalties, and suspension or revocation of permit after the first false alarm dispatch from July 1 to June 30 based upon the following schedule:
No. of False Alarm Dispatches for Police for permitted alarms | Action Taken | Fine | Fees
1 | Written Notice | No Fine | No Fees
2—6 | Written Notice | $50.00 | Cost of service
7 or more | Written Notice, potential revocation of permit, ordinance and/or board summons, future alarms may be considered false in nature and may require additional confirmation prior to response. | $50.00 | Cost of service + court costs and fines
No. of Unintentional Dispatches for Fire | Action Taken | Fine | Fees
1 | Written Notice | No Fine | No Fees
2 or more | Written Notice and/or board summons. | $50.00 | Cost of service + court costs and fines
No. Hold Up Alarms for permitted systems | Action Taken | Fine | Fees
1 | Written Notice | No Fine | No Fees
2 or more | Written Notice | $50.00 | Cost of service + additional resource service cost
1 Cost of service and additional resource service cost ([subsections 9-16-5(A)(9) and (10)])
2. Any false or unintentional alarm from an unpermitted alarm shall result a fee of $20.00 (for additional admininstrative costs) plus the permit fee and cost of service.
3. Any individual or entity which receives notice of a false alarm may dispute the false alarm by filing with the metro alarm office, within 30 business days of the notification of the false alarm, a notice of dispute. The metro alarm administrator will review any such notice of dispute. If the metro alarm administrator denies the dispute the matter may be appealed to the metro alarm board dispute committee within five business days of the administrative decision. Adjudication of disputes before the metro alarm board dispute committee shall be governed by sections 9-16-10, 9-16-12 and 9-16-13. A failure to timely file a notice of dispute shall constitute an admission of the facts contained in the false alarm notice.
4. Disputes for commercial alarms verified by in-person confirmation that result in a false disposition, must be notarized statement by the individual that verified the incident.
5. Failure to comply with fines, penalties within 60 days of issuance may result in mandatory revocation of permit, online mandatory class approved by metro alarm office and review by the metro alarm office. Failure to complete online mandatory class may result in a $150.00 penalty.
6. Failure to comply with the above conditions may result in alarm user being summoned before the metro alarm board dispute committee or into city court, or other court of competent jurisdiction, by issuance of a mandatory summons issued by authorized officers.
7. Any owner, user or operator of any alarm system found to have violated this section two times or more in any permit period, which runs from shall also be liable for a service fee to the city for the actual cost of any response by law enforcement or emergency personnel, and for the actual cost to the city for any interruption of public services or closure of public facilities reasonably necessitated by response to such false alarm, in an amount up to the maximum allowed by state law. Additionally, any owner, user or operator of any alarm system will also be responsible for the admininstrative fees associated with the enforcement of this chapter.
8. Except for fire or mechanically-activated water flow alarm devices and alarm systems owned and operated by any governmental entity or subdivision, upon a finding that an owner, user or operator has violated this section six times in any permit year which runs from July 1 to June 30, said owner, user or operator shall further be prohibited from operating the alarm system at issue in such a manner as to be the sole basis for a request for response by law enforcement personnel for a the remainder of the permit year from the date of such finding.
9. The metro alarm office shall collect the fines and civil penalties for false alarms in accordance with this section. Failure to comply with any of the action prescribed by this section within the time period required by the alarm office shall be considered an ordinance violation and the alarm user shall be subject to additional civil penalties.
10. The Memphis police director shall submit to the metro alarm office an amount commensurate to the cost of officers answering false alarms for approval by resolution no less than three months prior to the end of the fiscal year in every even numbered year. The Memphis fire director shall submit to the metro alarm office an amount commensurate to the cost of the fire department answering false alarms for approval by resolution no less than three months prior to the end of the fiscal year in every even numbered year.
11. The metro alarm administrator shall submit the amounts set forth in subsections [(8) and (9)] along with the administrative costs associated with enforcement of this chapter for approval by resolution on or before the second council meeting in May of each year.
B. Non-permitted alarm system.
1. Any person operating a non-permitted alarm system (whether revoked or suspended) will be subject to a false alarm penalty in addition to any other fines. Persons operating an alarm system that was never permitted shall receive written notice and will have ten business days after such violation to apply for a permit. The metro alarm office shall send a certified letter to users that have not applied within the ten days notifying alarm user that a false alarm fine and service fees will be levied if application is not complete a total of 30 days after the original violation. In addition, alarm user will further be prohibited from operating the alarm system at issue in such a manner as to be the sole basis for a request by law enforcement personnel until application has been submitted and all fees and fines have been paid.
2. Any subsequent false alarm calls to a non-permitted alarm system shall also be liable for a service fee to the city for the actual cost of any response by law enforcement or emergency personnel, and for the actual cost to the city for any interruption of public services or closure of public facilities reasonably necessitated by response to such false alarm, along with the admininstrative costs associated with enforcement of this chapter and in an amount up to the maximum allowed by state law and a fee of $20.00 for the failure to have a permit.
C. Reports. All alarm installation companies providing services in the city shall, prior to activation, send the alarm office application for permit. In addition, alarm monitoring firms shall provide after the fifth day of the end of each month, a list of any and all locations where alarm monitoring services are provided. Such list shall remain confidential to the extent allowed by law.
(Ord. No. 5729, § 1(28-130), 8-20-2019)