Memphis Code of Ordinances § 9-16-1 Purpose and definitions.
Sec. 9-16-1. - Purpose and definitions.
A. Purpose.
1. The purpose of this chapter is to encourage alarm users and alarm systems contractors to maintain operational reliability, properly use alarm systems and to reduce or eliminate false alarm dispatch requests.
2. This chapter governs systems intended to summon police and fire emergency response and it sets forth the requirements for permits, establishes fees, provides for penalties for violations, establishes a system of administration and sets conditions for suspension or loss of permits.
3. The licensure requirements contained in this chapter shall only apply to those individuals and entities who are not required to be licensed by the state alarm contractor's licensing law, T.C.A. § 62-32-301 et seq.
4. 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. Definitions.
Alarm agent means any person employed by a licensed alarm systems contractor whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing or monitoring of an alarm system. This definition shall only include persons who work for an alarm systems contractor as defined in this section. The owners, managers, corporate officers and partners of all alarm systems contractors are classified as alarm agents. Further, any person who is not an alarm agent, who, as an employee of a licensed alarm systems contractor or a contractor for the alarm systems contractor, has access to confidential information of an alarm user or to monitor radio equipment, shall be considered an alarm agent.
Alarm dispatch request means a notification to the police or fire division by an alarm systems contractor that an alarm, either manual or automatic, has been activated at a particular alarm site.
Alarm site means a single premises or location where an alarm system is installed and capable of being operated. Each tenancy, served by a separate alarm system in a building or complex, shall be considered a separate alarm site requiring separate permits.
Alarm system means a device or equipment designed to emit or transmit an alarm signal. "Alarm system" does not include an alarm installed on a vehicle unless the vehicle is permanently located at a site or will cause emergency services to be dispatched.
Alarm systems contractor or contractor means any person, a firm, company, partnership, association or corporation, which sells, or attempts to sell, installs services or monitors alarm systems, signal devices, fire/life safety systems, alarms, burglar alarms, security cameras used to detect burglary, breaking and/or entering, intrusion, shoplifting, pilferage or theft. This definition shall not include persons who sell alarm systems strictly in an over-the-counter capacity in an established location or businesses where the alarm system is owned, operated and monitored by the same entity or proprietary alarm divisions of a company where the alarm user is also an employee of the alarm service provider.
Alarm user means any person, firm, partnership, corporation or other entity who (which) uses an alarm system.
Commercial alarm user means an alarm user required to register as [a] business with the Tennessee Department of Revenue or the City of Memphis.
Conversion means the transaction or process by which one alarm systems contractor begins the monitoring of an alarm system previously monitored by another alarm systems contractor.
Designated qualifying agent means any individual licensed by the board whose qualifications have been demonstrated to the metro alarm review board for overseeing and supervising alarm systems contractor operations of any classification or combination of classifications covered under this chapter.
Director means the director of police or fire services of the city.
Duress means a silent alarm system generated by activation at a key pad or device intended to signal a crisis situation requiring police response.
False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation or through the negligence of the owner or user of the alarm system, which activation results in a response by a law enforcement agency.
False alarm prevention class means a class operated or designated by the metro alarm office for the purpose of educating alarm users about the problems created by false alarm dispatches and in the responsible use of their alarm system.
False automatic fire alarm means the activation of any fire alarm system, which results in a response by the fire department caused by mechanical failure, malfunction, improper installation, lack of proper maintenance or any other response that is not activated by smoke, heat, fire or emergency condition for which the fire department personnel are unable to determine the apparent cause of the alarm activation. As required by T.C.A. § 62-32-321, no alarm shall be considered "false" if it is caused by a violent act of nature. Additionally, if an alarm is considered a false report as defined by T.C.A. § 39-16-502 the alarm owner will not be cited under this chapter for a false alarm.
Fire alarm system means an alarm or monitoring system that is intended to respond to or detect fire, heat, smoke or other byproducts of combustion.
Holdup alarm means a silent or audible alarm signal generated by the manual activation of a device at a commercial property intended to signal a robbery in progress.
Keypad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters. Each keypad with a separate physical address is considered a separate alarm and each keypad is required to be permitted.
Malicious fire false alarm means the intentional false reporting to the fire division of an emergency condition, or the intentional setting off of an alarm system which will cause another person to report the signal to the fire division. However, this definition is not to include the testing of an alarm system by a licensed alarm systems contractor alarm business under guidelines established by the metro alarm administrator.
Malicious police false alarm means the intentional false reporting to the police of a police emergency condition, or the intentional setting off of an alarm system which will cause another person to report the signal to the police. However, this definition is not to include the testing of an alarm system by a licensed alarm systems contractor under guidelines established by the metro alarm administrator.
Metro alarm administrator means the administrator of the alarm office.
Metro alarm office means the office of the city having the responsibility to administer the permitting and oversight of alarm systems, alarm system contractors and alarm agents subject to the authority of this chapter and chapters 2-28 through 2-33 and the regulations and procedures established by the metro alarm review board.
Metro alarm review board. The metro alarm review board shall consist of six members as follows: the metro alarm administrator; a dispatcher or other person designated by the police director; a person designated by the memphis fire director; a resident of the city who shall be appointed by the mayor subject to approval by city council; and two licensed alarm contractors who shall be appointed by the mayor subject to approval by city council.
Metro alarm review board dispute committee. The metro alarm review board dispute committee shall consist of five members, consisting of the metro alarm administrator and four persons designated by the metro alarm review board.
Monitoring means the process by which an alarm systems contractor receives signals from alarm systems and relays an alarm dispatch to the city for the purpose of summoning police response to the alarm site.
Multi-unit alarm system means an alarm system covering multiple individual units or alarm sites. Each alarm site within a multi-unit alarm system must have a separate alarm permit.
Non-permitted alarm system means an alarm system for which no valid alarm permit is in existence.
Notice means written notice of false alarm by U.S. mail addressed to the person to be notified at his or her last known address.
Officer means a city police officer.
Panic alarm means a silent alarm signal generated by the manual activation of a device in a residence intended to signal a crisis requiring police response.
Person means an individual, corporation, partnership, association, organization or similar entity.
Police emergency alarm system means an assembly of equipment or devices which is designed, arranged or used for the detection of a hazardous condition or an unauthorized entry or attempted entry into a building, structure or facility, or for alerting persons of a hazardous condition or the commission of an unlawful act within a building, structure or facility, and which emits a sound, or transmits a signal or message when activated, to which annunciation a law enforcement agency or other service agency may be summoned to respond, but shall exclude a proprietary system.
Proprietary system means an alarm system emitting alarm or supervisory signals from within a control center, the control center being under the supervision of the proprietor of the protected premises. If a proprietary system includes any signal visible or audible outside the protected premises, it thereby becomes a police emergency alarm system as defined in this section.
Remote visual inspection means a visual inspection of the premises protected by the burglar alarm system which is accomplished through the use of a video camera or other similar device to capture real time visual images of the premises to the alarm system user, alarm company operator, private guard responder, or person or entity authorized by the alarm system user. The visual images must be sufficiently discernable to permit the viewer to confirm that an unauthorized entry, attempted unauthorized entry, or other crime has occurred at the premises protected by the burglar alarm system.
Residential alarm user means an alarm user that uses an alarm on private property and is not considered a commercial alarm user.
Signature means the act of signing one's name or making a mark in lieu thereof; the name of a person written with his or her own hand to signify that the writing which precedes is in accordance with his or her wishes or intentions; or an electronic marking or signature made to serve as an indication of the party's execution or authentication of the document and intent to be bound by it.
Signed certification means the act of a handwritten signature certifying receipt or an electronic signature certifying receipt.
Verify means, to contact the alarm site by telephonic or other electronic means in order to verify as required by subsection 9-16-3(E) the validity of the alarm before requesting a police dispatch.
(Ord. No. 5729, § 1(28-126), 8-20-2019)