An ordinance amending Chapter 10.60 of the Metropolitan Code of Laws by making certain technical and procedural modifications regarding burglar and fire alarm permits, violations, revocations, and appeals.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section 10.60.010 of the Metropolitan Code of Laws shall be and the same is hereby amended by amending the definition of “False alarm” by deleting the phrase “All false subsequent activation” and substituting in lieu thereof the phrase “All subsequent false activations”.

Section 2. Section 10.60.020 of the Metropolitan Code of Laws shall be and the same is hereby amended by amending subsection A. to read as follows:

“A. Every person who shall own, operate or lease any alarm system, as defined in this chapter, within the metropolitan Nashville and Davidson County, Tennessee area, whether existing or to be installed in the future, shall, prior to use of the alarm system, give notice to the Metropolitan Clerk on forms to be provided, and obtain a permit. The information submitted on the forms shall include:
1. The name of the alarm company;
2. Whether installed in a residential or commercial premises;
3. The name, address, business and/or home telephone number of the owner or lessee of the alarm system;
4. The names, addresses and telephone numbers of at least two persons to be notified in the event of an alarm activation, including the name, address, and telephone number of at least one local person to be responsible for the alarm system.”

Section 3. Section 10.60.070 of the Metropolitan Code of Laws shall be and the same is hereby amended by amending subsection D. to read as follows:

“D. After the allowable false alarms, as set out in the definition for false alarms in Section 10.60.010, each person who owns, operates, leases or controls any premises, commercial or residential, having an alarm system, shall be cited to metropolitan court for any response to a false alarm. No disconnection shall be ordered on any premises required by law to have an alarm system in operation.”

Section 4. Section 10.60.080 of the Metropolitan Code of Laws shall be and the same is hereby amended as follows:

1. By amending subsection A. to read as follows:

“A. Beginning with the sixth false burglary alarm, a fourth false robber/panic alarm or a fourth false fire alarm, or upon failure of the permit holder to make a reasonable effort to comply with the requirements of this chapter, the metropolitan police department or fire department may file a request for revocation of the permit with the board of appeals. The Metropolitan Clerk shall notify the permit holder that a request for revocation has been filed with the board of appeals. An appeal of the proposed revocation must be filed in writing and accompanied by an appeals fee of fifty dollars within fifteen days of receipt of the notice by the permit holder, or the permit may be revoked by the board. Upon receipt of a written appeal and appeals fee, a hearing shall be set before the board in accordance with its rules and regulations to determine whether or not the permit shall be revoked or the appeal upheld. The appeals fee shall be refunded only upon a determination by the board that the permit holder has not exceeded the allowable false alarms.”

2. By amending subsection B. to read as follows:

“B. Reinstatement of a revoked permit may occur upon filing a written request for reinstatement accompanied by a nonrefundable reinstatement fee of fifty dollars, and after a hearing before the board to determine whether or not to reinstate the permit.”

3. By deleting the provisions of subsection F. in its entirety.

Section 5. Section 10.60.100 of the Metropolitan Code of Laws be and the same is hereby amended as follows:

1. By amending subsection D. by adding after the phrase “purposefully fail to respond” the phrase “or have his designee respond”.

2. By amending subsection G. by deleting the phrase “fifty dollars” and substituting in lieu thereof the phrase “twenty-five dollars”.

Section 6. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson

LEGISLATIVE HISTORY
Introduced:	September 7, 2004
Passed First Reading:	September 7, 2004
Referred to:	Budget & Finance Committee Public Safety Committee
Passed Second Reading:	September 21, 2004
Passed Third Reading:	October 5, 2004
Approved:	October 6, 2004
By: