ARTICLE IV. - ALARM SYSTEMS *(1)
*Footnotes: --- (1) --- Editor's note— Ord. No. 2012-19, § 2(Att.) adopted Mar. 26, 2012, repealed the former Art. IV, §§ 12-45—12-53, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Code 1997, §§ 7-3-101—7-3-108; and Ord. No. 98-3, adopted Feb. 9, 1998.
Sec. 12-45. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Activate means to set off an alarm system indicating in any manner an incidence of burglary, robbery, fire, etc.
Alarm system means any device which is designed to be used for the detection of fire or unauthorized entry into a building or property. The term "alarm system" means any device for alerting others of fire or of the commission of an unauthorized entry except systems installed in motor vehicles, self-contained smoke detectors and medical alert alarms. The term "alarm system" includes direct dial telephone devices, audible alarms and monitored alarms.
Automatic dialing device means an alarm system which automatically sends over by telephone a message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.
False alarm means the activation of an alarm system that results in contact to the Mt. Juliet Police Department and is not caused by:
- Criminal activity or unauthorized entry;
- Severe weather conditions;
- Fire causing structural damage to the protected premises, which is demonstrated in writing from the fire department within 15 days of the occurrence;
- Telephone line malfunction, which is demonstrated in writing from the service provider within 15 days of the occurrence.
Fire officer means the director of the county emergency management authority (WEMA).
Hearing officer means an employee of the City of Mt. Juliet designated by the chief of police to act as an impartial arbitrator at hearings related to the enforcement of the herein chapter.
Law enforcement officer means the chief of police of the city.
Responsible party means the person designated as the "responsible party" in the alarm registration filed with the city.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-46. - Enforcement, violation and penalty.
(a) Any person may cause a false alarm.
(b) It shall be a violation of this Code for any person to have a functioning alarm system in the city without having obtained a permit as required by this Code.
(c) It shall be a violation to lease or sell an alarm system in the city without ensuring compliance with this Code.
(d) It shall be a violation of this Code to set off a false alarm to test a system.
(e) Service charges for false alarms or other violations shall be $25.00 each.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-47. - Notification required; permit fees.
(a) Every person who shall own, operate or lease any alarm system within the city, shall, prior to use of the alarm system, give notice to the law enforcement officer, on forms to be provided and obtain a permit.
(b) The information on the forms shall include:
- The type, make and model of each alarm device and, if the alarm system is monitored, by whom;
- Whether installed in a residential or commercial premises;
- The name, address, business and home telephone number of the owner of lessee of the alarm system;
- The name, address, and telephone number of the responsible party.
- Within ten days following any change of circumstances which renders obsolete any of the information submitted, the alarm user shall file an amendment to his information setting forth the currently accurate information. No additional fee shall be required unless the change has terminated the permit.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-48. - Registration fee.
Each responsible party shall pay an annual registration fee, only once per calendar year, of $10.00 for each alarm system on residential property and $25.00 for each alarm system on commercial property. Registration fees shall be due on March 31 for alarms beginning with the letter A—G, June 30 for alarms beginning with the letter H—M, September 30 for alarms beginning with the letter N—S, December 31 for alarms beginning with the letter T—Z of each year. Permit fees shall be placed in the city general fund. Fees for direct monitoring by the city, when not prohibited by T.C.A § 62-32-321(a)(2)(A), shall be $120.00 per month.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012; Ord. No. 2016-12, 3-28-2016)
Sec. 12-49. - Employee training.
Each owner, operator, or lessee shall be responsible for training employees, servants or agents in the proper operation of his alarm system. Training shall include the numbers to call after a false alarm and how to shut the system off after activation.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-50. - Address identification.
Each person renting or owning property shall comply with section 12-48, pertaining to address numbers, and shall post the alarm registration sticker near the front door so as to be clearly visible from the front of the building.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-51. - Audible alarms.
All audible alarms shall be equipped with an automatic shutoff to function within 20 minutes of the alarm sounding. This section shall not apply to fire alarms.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-52. - Automatic dialing devices.
Automatic dialing devices shall:
- Not call the 911 emergency line. Such devices shall be restricted to dialing the nonemergency police communications phone numbers. No automatic dialer shall dial any fire communications phone number. (See T.C.A § 7-86-118).
- Have a clearly understandable recording.
- Be programmed to repeat its message a minimum of two times.
- Automatically reset itself so as to not continuously call police communications phone numbers.
- Be programmed to give the owner's or resident's name and the exact street number and name.
- Be programmed to state that it is an alarm. The device shall not say a burglary or robbery is in progress.
- State the hours the property is occupied if the alarm is used as a robbery or panic alarm as well as burglar alarm.
- State whether the device has notified a third party and the identity of the third party.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-53. - False alarms.
Required reports of corrective action and disconnection.
- The responsible party shall bear responsibility for false alarms.
- A response to an alarm shall result when fire or police department personnel discover or are notified of an activation of an alarm system. If the user or user's agent calls the dispatcher within five minutes of activation it shall not be considered a false alarm unless an officer has already arrived on the scene or a fire truck has moved in response to the alarm.
- For all false alarms in excess of three in a permit year, the responsible party shall be billed a $25.00 service charge per false alarm for allowing a false alarm to be conveyed to the police department.
- Activations caused by violent acts of nature shall not be considered false alarms provided the owner of the alarm notifies the hearing officer of the violent act of nature within 15 days of the event. No act of nature shall be deemed to be a violent act of nature unless some physical damage is done to the property of the alarm system. (See T.C.A. § 62-32-321).
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-54. - Appeals.
(a) A hearing officer shall be appointed by the chief of police to hear appeals from alarm users on the issue of whether the alarm system in question activated a false alarm.
(b) Upon receipt of any false alarm bill from the city, the responsible party shall have ten days to make a written request for a hearing before the hearing officer.
(c) At the hearing, which must be scheduled and conclude within 15 days from receipt of the request the responsible party shall have the right to present evidence.
(d) The hearing officer shall make written findings available to the alarm user and the chief of police within ten days from the date the hearing is concluded.
(e) A decision by the chief of police to accept or reject the hearing officer's findings shall be made within ten days from the receipt of the above findings by the chief of police.
(f) Until all of the steps set forth in this section have been completed, the false alarm in question will be considered to have been genuine and will not be considered the basis for the prima facie presumption that the involved alarm system is malfunctioning.
(g) Upon receipt of the chief of police's finding, the alarm user may appeal, in writing, to the Mt. Juliet city court within 30 days.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-55. - Service charge assessments.
(a) It is hereby determined that all false alarms constitute a public nuisance. The responsible party shall be billed a $25.00 service charge per false alarm occurrence after the third such false alarm in any year. Each service charge incurred shall be billed and payment shall be made within 30 days. Failure to make payment within 30 days may result in the responsible party's permit being revoked and collection action to be taken.
(b) Any permit revoked shall not be reinstated until all outstanding false alarm service charges are paid in full together with a $25.00 reinstatement fee.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)
Sec. 12-56. - Notices.
(a) Notice or billing from the city to any responsible party shall be deemed to have been given or rendered on the date such notice or billing is deposited in the U.S. Mail, first class postage, prepaid, addressed to the permit holder at the address shown in the city's permit records. A certificate signed by the person who mailed the notice shall be prima facie evidence of the facts stated therein with respect to such notice.
(b) Notice to the city of payment shall be effective when received at the appropriate city office.
(Ord. No. 2012-19, § 2(Att.), 3-26-2012)