§ 9-16-12. General rules and regulations—Appeal—Loss or suspension—Reinstatement.

A.

Establishment of office of alarm administrator. There is established the office of alarm administrator, under the supervision of the city treasurer, to oversee the installation, service, maintenance and use of alarm security systems in the city and unincorporated areas of the County of Shelby, who shall be in charge of operations. The office shall be operated as a self-funding unit and revenues received by such office are to be used exclusively for the continued operation of the office, except that any surplus funds at the end of each fiscal year shall be divided on a pro rata basis between the Memphis Police Department, Shelby County Sheriff's Office, Memphis Fire Department and Shelby County Fire Department to off-set the costs of responding to false alarms. This provision shall include any surplus that currently exist in the accounts of the office at the time of adoption of this amendment. For purposes of this section, the term pro rata shall mean the percentage of false alarms answered by the Memphis Police Department and Memphis Fire Department in the city limits of Memphis versus the percentage of false alarms answered by the Shelby County Sheriff's Office and the Shelby County Fire Department outside the Memphis city limits.

B.

Metro alarm administrator. The metro alarm administrator shall act as executive director, and his or her appointment shall be by the metro alarm review board with approval of the mayor of the city and the county board of commissioners. The metro alarm administrator shall:

1.

Designate a method and form for verification;

2.

Designate a method, form and telephone numbers for the communication of alarm dispatch requests;

3.

Develop a procedure to accept verification cancellation of alarm dispatch requests;

4.

Develop a check system to ensure that monitoring service companies are verifying alarms; calling notification lists; and notifying the alarm dispatch center of alarm cancellations;

5.

The administrator shall oversee the creation and implementation of an alarm user awareness class.

C.

Metro alarm review board. Appeals will be heard by the metro alarm review board. The metro alarm review board shall consist of six members as follows: a dispatcher or other person appointed by the director, a dispatcher or other person appointed by the sheriff, two local alarm business representatives appointed by the western region members of the TBFAA Alarm Association, and two members of the public-at-large; one shall be a citizen of the city and shall be appointed by the city mayor, and one shall be a citizen of the unincorporated areas of the County of Shelby and shall be appointed by the county board of commissioners.

D.

Duties of metro alarm review board.

1.

The metro alarm review board may promulgate reasonable written standards, rules and regulations that may be necessary for the purposes of assuring the quality, efficiency and effectiveness of police emergency alarm communications and of administering and enforcing the provisions of this chapter and chapters 2-28 through 2-36. Such standards, rules and regulations shall be open to inspection by the public.

2.

As of the effective date of this section, no person shall engage in or hold themselves out as engaging in alarm or alarm systems contracting without first being certified in accordance with this chapter and chapters 2-28 through 2-36, unless such person is required to be licensed under the state alarms contractor's licensing law.

3.

No person shall do business under this chapter unless the business entity has in its employ a qualifying agent who is duly licensed under the state alarm systems contractor's licensing law or, if exempt from the law, is duly licensed as set forth under the provisions of this chapter and chapters 2-28 through 2-36. The qualifying agent, who is licensed under this chapter, shall be in a management position and be responsible for overseeing the quality of operations of the alarm business.

4.

In the event that the qualifying agent of an alarm business ceases to perform such agent's duties as qualifying agent, the business entity shall notify the board within 30 working days. The business entity must obtain a substitute qualifying agent within 30 days after the original qualifying agent ceases to serve as qualifying agent unless the board, in its discretion, extends this period for good cause for a period not to exceed three months.

5.

The certification application shall designate at least one qualifying agent who is or shall be licensed for the certified business. The certification application shall designate for which classification the applicant is seeking a certification.

6.

No alarm business contractor may participate in a joint venture to provide equipment or services which require certification under this chapter unless all parties to the joint venture are certified in accordance with this chapter.

7.

No alarm business may subcontract the provision of equipment or services requiring a certification under this chapter to any uncertified person, firm or association.

8.

No person shall act as an alarm business contractor under a certification without having a licensed qualified agent who holds a valid license in the category for which business is sought or work is to be done.

9.

No person shall act as a qualifying agent without a valid license issued by the metro alarm review board, unless such person is required to be licensed under the state alarm contractor's licensing law.

10.

No person shall sell and install, service, monitor or respond to alarm signals, signal devices, burglar alarms, television or still cameras used to detect burglary, breaking and/or entering, intrusion, shoplifting, pilferage or theft in violation of this chapter or chapters 2-28 through 2-36 or the rules adopted hereunder.

11.

No person shall advise anyone as to the need, quality, or quality of alarm systems and sell such systems unless certified, licensed or registered as may be required under this chapter and chapters 2-28 through 2-36.

E.

Exclusions from requirement.

1.

Equipment manufacturers not providing direct sales, monitoring and/or installation of service to system end users;

2.

Equipment distributors or suppliers not offering sales, monitoring or installation services directly to the system users;

3.

Individual property owners personally installing an alarm system within the owner's residence, except that the individual property owner shall be responsible for registration of his or her alarm system, and will sign a document stating that the system was installed properly, that he or she is capable of servicing and maintaining the system, and that he or she will maintain the system in proper working order;

4.

Direct sellers and installers dealing exclusively with alarm systems for motor vehicles, except those vehicle systems that will cause police or emergency services to be summoned;

5.

Medical alert or medical monitoring services to individuals made available by a hospital or an affiliate of a hospital, provided those medical alert or medical monitoring services shall not cause police emergency services to be summoned;

6.

Any business whose business is not to monitor or service alarm systems:

a.

And the servicing/monitoring of the alarm system is done by direct employees of the same business;

b.

The alarm system is the exclusive property of, or is leased by, the business;

c.

The alarm system is designed to protect only the commercial premises leased by the business endeavor or commercial premises owned by the business endeavor and not leased to another; and

d.

If the activation of the alarm system causes police to respond, it is not a proprietary system.

F.

Revocation, suspension or loss of alarm permit.

1.

A person commits an offense if he or she operates an alarm system during the period in which his or her alarm permit is suspended or revoked.

2.

Unless there is separate indication that there is a crime in progress, the respective law enforcement office may refuse police response to an alarm dispatch request at an alarm site for which the alarm permit is revoked.

G.

Appeal from denial, suspension or revocation of permit.

1.

Decision.

a.

If the alarm administrator denies the issuance or renewal of a permit, or suspends or revokes a permit, he or she shall send written notice of his or her action and a statement of the right to appeal, by certified mail, return receipt requested, to both the applicant or alarm user and the alarm business.

b.

The applicant or alarm user may appeal the decision of the alarm administrator to the metro alarm review board by filing a written request for a review setting forth the reasons for the appeal within 20 days after receipt of the notice from the alarm administrator. An alarm business may submit the request for review on behalf of an alarm user.

c.

Filing of a request for appeal shall stay the action by the alarm administrator suspending or revoking a permit until the metro alarm review board has completed their review. If a request for appeal is not made within the 20-day period, the action of the alarm administrator is final.

2.

Hearing. Alarm users shall be entitled to a hearing before the metro alarm review board within 60 days of receipt by the board of the notice of appeal. An alarm business may submit a request for hearing on behalf of the alarm user.

3.

Board review. The alarm review board shall conduct a formal hearing and consider the evidence by any interested person(s). The board shall make its decision on the basis of a preponderance of the evidence presented at the hearing including, but not limited to, certification that alarm users have been provided additional alarm system training, that a defective part has been repaired or replaced, or that the cause of the false alarm has been otherwise determined and corrected. The board must render a written decision within 30 days after the conclusion of the hearing. The board shall affirm, reverse or modify the action of the alarm administrator. The decision of the metro alarm review board is final as to administrative remedies.

H.

Reinstatement of permit. A person whose alarm permit has been revoked may be issued new permit if the person:

1.

Submits an updated application and pays a $50.00 permit fee;

2.

Pays, or otherwise resolves, all citations and fines; and

3.

Submits a certificate from an alarm business designated qualifying agent licensed under the provisions of this chapter and chapters 2-28 through 2-36, or the applicable statutes of the state, stating that the alarm system has been inspected, repaired or upgraded to meet current industry standards.

(Code 1985, § 28-137; Ord. No. 4640, § 1, 1-19-1999; Ord. No. 4847, §§ 10—15, 2-20-2001; Ord. No. 5527, § 6, 7-16-2013)