ORDINANCE NO. BL2016-384

An ordinance abolishing the alarm appeals board created by enactment of Ordinance No. O91-1523, by amending Chapters 10.60 and 6.64 of the Metropolitan Code of Laws pertaining to alarm systems and commercial solicitors.

WHEREAS, on April 3, 1991, the Metropolitan Council of Nashville and Davidson County adopted Ordinance No. O91-1523 § 7, thereby creating an administrative body to be known as the alarm appeals board; and,

WHEREAS, Section 10.60.080 of the Metropolitan Code of Laws provided for enforcement by the alarm appeals board of violations of Chapter 10.60 of the Metropolitan Code of Laws, and gave the alarm appeals board authority to determine whether the alarm permit shall be revoked or the appeal upheld; and,

WHEREAS, the Tennessee General assembly adopted Public Chapter No. 212, effective July 1, 1993, and later amended by Tenn. Pub. Acts, Chapter 667, 2002, which act authorized the Metropolitan County Council to designate Division IV of the Metropolitan General sessions Court as the Environmental Court; and,

WHEREAS, on March 18, 1994, the Metropolitan County Council adopted Ordinance No. O94-930, formally designating Division IV of the Metropolitan General Sessions Court as the Environmental Court of the Metropolitan Government; and,

WHEREAS, this Environmental Court was established for the purpose of addressing violations of the Metropolitan Code of Laws pertaining to health, housing, fire, land subdivision, building and zoning, and it maintains jurisdiction thereof; and,

WHEREAS, Division IV of the General Sessions Courts of Nashville and Davidson County renders unnecessary the continued existence and operation of the alarm appeals board, as violations of the requirements of Chapter 10.60 can be brought before the Environmental Court; and,

WHEREAS, Section 6.64.160 of the Metropolitan Code of Laws designated the alarm appeals board to hear appeals for denials or revocations of commercial solicitation permits; and,

WHEREAS, it is desirable to designate the Metropolitan Clerk to hear all appeals for denials or revocations of commercial solicitation permits after the alarm appeals board is abolished; and,

WHEREAS, the alarm appeals board was not established or created by the Charter of the Metropolitan Government of Nashville and Davidson County, but rather by ordinance; and therefore the Metropolitan Council may likewise abolish said board by ordinance; and,

WHEREAS, it is to the benefit of the citizens of the Metropolitan Government that the alarm appeals board be abolished, thereby eliminating redundancy and uncertainty regarding the proper authority for enforcement of the Metropolitan Code of Laws regarding alarm systems.

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

Section 1. Section 10.60.080 of the Metropolitan Code of Laws is repealed in its entirety.

Section 2. The alarm appeals board shall transfer all records as directed by Division IV of the General Sessions Court of Nashville and Davidson County, Tennessee.

Section 3. Section 6.64.020 of the Metropolitan Code of Laws is amended by deleting the following definition:
“Board” means the board of alarm appeals as created in Section 10.60.080 of the Metropolitan Code.”

Section 4. Section 6.64.160 of the Metropolitan Code of Laws is amended by deleting the word “Board” wherever it appears therein and replacing it with “Clerk”.

Section 5. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Shulman, Doug Pardue

LEGISLATIVE HISTORY
Introduced:	September 6, 2016
Passed First Reading:	September 6, 2016
Referred to:	Public Safety, Beer, and Regulated Beverages Committee Rules and Confirmations Committee
Passed Second Reading:	September 20, 2016
Passed Third Reading:	October 4, 2016
Approved:	October 5, 2016
By: