§ 9-16-5. False alarms fines; dispatch records; appeals.

A.

Fines.

1.

On-site written notice and a warning letter shall be provided to the permit holder after each false alarm. An alarm user shall have a properly licensed alarm business inspect his or her alarm system after three false alarm dispatches in a one-year period. After four false alarm dispatches, the alarm user must have a properly licensed alarm business modify the alarm system to be more false alarm resistant or provide additional user training as appropriate. Notification signed by the alarm business qualifying agent shall be provided to the metro alarm review board confirming the above procedures. If there is a reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the alarm administrator may require a conference with an alarm user and the alarm business responsible for the repair of the alarm system to review the circumstances of each false alarm. The alarm business, responding authority or alarm user may also request a conference.

2.

An alarm user shall be subject to fines, warnings, and suspensions or revocation of permit after the third false alarm dispatch within the 12-month period based upon the following schedules:

Number of False Alarm Dispatches	Action Taken	Fines
1	On-site written notice and warning letter #1.	No fine
2	On-site written notice and warning letter #2.	No fine
3	On-site written notice, warning letter #3 and mandatory alarm users class.	No fine
4	On-site written notice, letter to user requiring alarm inspection from metro alarm review board, certified inspection letter from alarm company to board and mandatory fine.	$25.00
5	On-site written notice, letter to user requiring alarm inspection from metro alarm review board, certified inspection letter from alarm company to board and mandatory fine.	$25.00
6	On-site written notice, letter to user requiring alarm inspection from metro alarm review board, certified inspection letter from alarm company to board and mandatory fine and service fee.	$25.00
7	On-site written notice, letter to user requiring alarm inspection, mandatory fine and service fee.	$25.00
8 or more	On-site written notice, mandatory fine, service fee and revocation of permit	$25.00

 

a.

Failure to comply with the above conditions will result in alarm operator being summoned into city court, or a court of competent jurisdiction, by issuance of a mandatory court summons issued by authorized officers. In accordance with City Code section 1-24-1, Fine and penalties, violators are subject to a fine of up to $50.00, for each separate violation, with each day constituting a separate offense.

b.

Any owner, user or operator of any alarm system, as defined in section 9-16-1 found to have violated this section six times or more in any 12-month period 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.

3.

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 eight times in any 12-month period, 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 period of one year from the date of the finding.

4.

In the event an alarm user is experiencing maintenance issues with his alarm, the alarm company may contact the alarm administrator and inform him that the company is currently working to correct system problems. The alarm administrator with notice to the metro alarm review board and Memphis Police Department shall note on the alarm user's file that the system is currently under maintenance and any false alarms incurred during a 30-day period after notification from the alarm company shall not be counted against the alarm user. The alarm company shall have the responsibility of notifying the alarm administrator in writing that the problem has been resolved. Should the alarm problem persist for a period longer than 30 days then the alarm administrator with approval from the metro alarm review board shall have the option to remove the exception or extend the maintenance period for an additional period of time.

B.

An alarm user shall be subject to civil penalties, warnings, and suspensions or revocation of the permit after the fifth false alarm dispatch within a 12-month period based upon the following schedules:

Number of False Alarm Dispatches	Action Taken	Civil Penalties
1	On-site written notice.	No fine
2	On-site written notice.	No fine
3	On-site written notice and warning letter #1.	No fine
4	On-site written notice, warning letter #2 and mandatory false alarm reduction class.	No fine
5	On-site written notice, warning letter #3 and mandatory civil penalty.	$25.00
6	On-site written notice, letter to user requiring alarm inspection from metro alarm review board, certified inspection letter from alarm company to board and mandatory civil penalty.	$25.00
7	On-site written notice, mandatory civil penalty and revocation of permit.	$25.00
8 or more	On-site written notice, mandatory civil penalty, costs, revocation of permit and future alarms may be considered false in nature and will require additional confirmation prior to response.	$25.00

 

1.

The alarm office shall collect the 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 the penalty provisions of section 1-24-1.

2.

In the event an alarm user is experiencing maintenance issues with his or her alarm, the alarm company may contact the alarm administrator and inform him or her that the company is currently working to correct system problems. The alarm administrator, with notice to the metro alarm review board and city police department, shall note on the alarm users file that the system is currently under maintenance and any false alarms incurred during a 30-day period after notification from the alarm company shall not be counted against the alarm user. The alarm company shall have the responsibility of notifying the alarm administrator in writing that the problem has been resolved. Should the alarm problem persist for a period longer than 30 days then the alarm administrator with approval from the metro alarm review board shall have the option to remove the exception or extend the maintenance period for an additional period of time up to 30 days.

3.

All alarm installation companies providing services in the city and the county shall, after the fifth day of the month following installation, send the alarm office all installations for the preceding 30-day period. 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.

C.

Any person operating a non-permitted alarm system (whether revoked or suspended) will be subject to a citation and a false alarm penalty (as defined in section 9-16-12) in addition to any other fines. Persons operating an alarm system that was never permitted shall receive a citation 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.

D.

An alarm user with three false alarm dispatches shall be required to attend the false alarm user class. Failure to attend the class shall result in a $150.00 penalty.

E.

The Memphis Police Director shall submit to the Memphis City Council an amount commensurate to the cost of officers answering false alarms for approval by resolution on or before the second council meeting in May of each year. The cost for fiscal year 2014 is $90.00 for a police false alarm.

F.

The Memphis Fire Director shall submit to the Memphis City Council an amount commensurate to the cost of the fire department answering false alarms for approval by resolution on or before the second council meeting in May of each year. The cost for fiscal year 2014 is $250.00 for a fire false alarm.

(Code 1985, § 28-130; Ord. No. 4640, § 1, 1-19-1999; Ord. No. 4847, § 4, 2-20-2001; Ord. No. 5328, §§ 1—3, 2-9-2010; Ord. No. 5374, §§ 1, 2, 9-28-2010; Ord. No. 5527, §§ 2—5, 7-16-2013)