[Ord. No. 335, 2-21-1962]
There is created and established a Police Department for the City, which shall consist of a Chief of Police, an Assistant Chief of Police, and such number of regular police officers and subordinate officers as may be designated as hereinafter provided.
[Ord. No. 335, 2-21-1962; Ord. No. 2040-26, 6-2-2026]
The Chief of Police and Assistant Chief of Police shall receive such compensation as the Council may from time to time direct by motion or resolution duly entered upon the minutes.
[Ord. No. 335, 2-21-1962]
The Chief of Police shall be appointed by the Mayor with the approval of the Council. He or she may be removed by the Mayor, but the Mayor shall report his or her act of removal to the Council at its next regular meeting or at a special meeting called for that purpose. The action of the Mayor shall be deemed final and conclusive unless a majority of those elected to the Council shall vote to reinstate the Chief of Police, in which case he or she shall be deemed reinstated as of the date of such Council action. Provided, further, the Council may itself remove the Chief of Police by a two-thirds vote of all its members.
[Ord. No. 335, 2-21-1962; Ord. No. 2040-26, 6-2-2026]
(a) 
The Chief of Police shall, under the general supervision and control of the Mayor, organize the Police Department and shall direct and supervise its personnel according and pursuant to organizational charts and job descriptions prepared by him or her. He or she shall supervise the jail and the equipment and property assigned to or used in or by the Department and shall, under the general supervision and control of the Mayor, discipline all members of the Department and see that they faithfully and punctually discharge and perform their duties.
(b) 
The Chief of Police shall be the conservator of the peace and quiet of the City, and when a violation of the City ordinances or general law comes to his or her knowledge, he or she shall cause complaint to be made and procure all possible necessary evidence for the successful prosecution of the offender.
(c) 
He or she shall have charge and supervision of the City jail and of all prisoners confined therein. He or she shall discharge such other duties in regard to the City jail as may be imposed upon him or her by law or the ordinances of the City.
(d) 
He or she shall cause to be entered by the proper officers in a book or other record kept for that purpose the real name in full of each person detained by the Police Department, the offense charged, the name of the prosecutor or other witnesses, the name of the police officer making the arrest, a list of all property, money or other valuable things found in the possession of the prisoner, the address of the prisoner, and a general physical description of the prisoner.
(e) 
He or she shall be responsible for the prompt service of all subpoenas, warrants, summons, attachments, scire facias and all notices or process whatsoever issued to or against any person or property out of the Municipal Court.
[Ord. No. 335, 2-21-1962]
The Assistant Chief of Police shall be second in command of the Department and in the absence of the Chief shall have and exercise all the powers conferred upon the Chief and shall be subject to all laws and ordinances governing the Chief.
[1]
Editor's Note: Former § 22-6, Appointment and terms of assistant chief and subordinate personnel, adopted 2-21-1962 by Ord. No. 335, was repealed 6-2-2026 by Ord. No. 2040-26.
[Ord. No. 335, 2-21-1962]
There shall be such number of subordinate officers and regular police officers as the Council may from time to time direct by motion or resolution duly entered upon the minutes; provided, however, the Mayor shall have the power and authority to increase the police force whenever he or she may deem it necessary for the preservation of peace and good order and the enforcement of municipal and general law. The fact that he or she has so increased the force shall be reported to the Council at its next meeting. If the Mayor shall desire that the increase in the force shall continue for any length of time beyond the date of the meeting to which the report is made he or she shall so state in the report and the Council shall by action duly entered upon the minutes either grant or reject the request or recommendation.
[Ord. No. 335, 2-21-1962]
Police officers shall have all power and authority of arrest, search and seizure and any other power and authority conferred upon police officers by the laws of the state and they shall have such duties and responsibilities as shall be prescribed by law and by their superiors in command.
[Ord. No. 746-06, 12-5-2005; Ord. No. 2040-26, 6-2-2026]
The following are established as charges for reports and miscellaneous items from the Police Department:
(1) 
A taped call if subpoena is provided from court: $25.
(2) 
Computer printed photo or an inmate profile: $25.
(3) 
Reports: accident/private property/incident offense/miscellaneous: $15.
(4) 
Processing of impounded motor vehicles: $50.
(5) 
Accident scene photos: $25.
(6) 
Fingerprint service: $25.
[Ord. No. 831-07, 5-29-2007]
(a) 
Any law enforcement officer who at the time of his or her retirement is employed by the City of Albertville, Alabama, Police Department shall receive, as part of his or her retirement benefit without cost, his or her badge and duty weapon. To be eligible for this benefit the employee must meet the following requirements:
(1) 
Be in good standing with the City of Albertville.
(2) 
Meet the requirements for retirement as determined under the City's retirement plan.
(3) 
Have a minimum of 10 years of continuous service with the City of Albertville.
(b) 
The City Council shall approve the request of the officer if the above requirements are met and he or she shall be awarded their weapon and badge.
(c) 
The Personnel Director of the City is directed to keep a record of all transactions related to the transfer of the weapon and badge to the employee under this section.
[Ord. No. 645-04, 8-2-2004]
For the purposes of this article, the following terms shall have the meanings herein ascribed to them:
ALARM or ALARM SYSTEM
Any mechanical or electrical device which is designed or used to emit a sound or signal signifying the occurrence of an unauthorized entry, fire or other occurrence requiring urgent attention and to which emergency units of the City are or may be expected to respond.
ALARM USER
The person who owns, leases or controls any building, structure, or facility wherein an alarm is installed and maintained.
AUDIBLE ALARM
Any alarm which, when activated, generates a sound in a place open to the public or which is audible beyond the premises in which it is installed.
COMMUNICATIONS CENTER
The facility used by the City to receive emergency and general information from the public to be dispatched to the respective emergency units and other departments utilizing the City's communications system.
FALSE ALARM
Any activation of an alarm system reasonably designed to require a response by emergency units of the City, except an alarm resulting from one of the following causes:
(1) 
Criminal activity or unauthorized entry.
(2) 
Fire.
(3) 
Earthquake.
(4) 
High winds causing structural damage.
(5) 
Flooding of protected premises.
(6) 
Lightning causing physical damage to the protected premises.
(7) 
Maintenance of alarm devices, provided that the City communications center is first notified before any testing or maintenance work.
(8) 
Unforeseen power failure.
[Ord. No. 645-04, 8-2-2004]
(a) 
No person shall install, maintain, or use an alarm system without first applying for and receiving an alarm system permit in accordance with the provisions of this article.
(b) 
No person shall install an alarm system in any structure unless a current alarm permit is visible at the installation location and the customer has an installation consent form signed and dated by the Police Department. The consent form is valid for 90 days. When that period expires, another consent form must be obtained before an alarm system can be installed.
(1) 
Failure to comply with this section will result in a service charge of $100 per occurrence to the alarm installer.
(2) 
Three violations of this section in a twelve-month period are grounds for the Fire Chief or Police Chief to suspend the installer from installing any new alarm systems in the City for a period of up to 30 days. The twelve-month period will be calculated from January 1, if no previous violation has been recorded, or from the date of the oldest violation that has been recorded.
(c) 
The alarm system installer will notify the Police Department, in writing, of the date that the system is installed and the installation consent form number and verify that the system is in good working order.
[Ord. No. 645-04, 8-2-2004]
Alarm permits shall be issued only for reported alarm systems. A reported alarm system is activated by report to the communications center from an individual or an alarm monitoring company. No new permits will be issued for an interconnected alarm system after January 1, 2005. An interconnected alarm system is activated by a direct line to the communications center. No permits for an alarm system installation will be issued unless a detectable address is visible from the nearest public road or street to the location.
[Ord. No. 645-04, 8-2-2004]
Application for a permit to install or use an alarm is made upon forms prepared and made available by the Police Chief and approved by the Fire Chief. The application is filed in the Police Department records office. The application includes:
(1) 
The full name, home address and telephone number, business address (if the alarm is being installed in a place of business) and telephone number of the alarm user.
(2) 
The address of the location at which the alarm is to be used.
(3) 
A description of the type of premises to be protected by the alarm.
(4) 
The type of alarm to be used, the type of signal or impulse emitted when actuated, the manufacturer of the device, and other identifying information as appropriate.
(5) 
The name, address and telephone number of the alarm installer and, if different, of the company which will service or maintain the alarm.
(6) 
The name, residence address and telephone number, and business address and telephone number of at least two responsible adults who may be contacted by either the Police Department or the alarm company if the alarm is actuated and the alarm user cannot be located. These individuals must be able, within 15 minutes after being contacted, day or night, to contact the alarm user, or, in the absence of the alarm user, secure the premises after the police investigation or other City response to an emergency is completed. At least one of these individuals must live in the City or police jurisdiction. If the alarm is monitored by an alarm company which has authority to and has contracted to secure the premises at any time that it becomes necessary, then contact information for that company will be sufficient in lieu of information on two individuals.
(7) 
Such other relevant information as the Police Chief or Fire Chief may reasonably require.
(8) 
The signature of the alarm user and the signature of the individual or agent of the company, if any, installing the alarm.
[Ord. No. 645-04, 8-2-2004]
(a) 
Premises included. Each permit shall apply to no more than one closed circuit system serving no more than a single business (located at the same address) or property address. A duplex must have a separate alarm system for each side.
(b) 
Transferability. Alarm permits are not transferable. Each applies only to the premises for which it is granted and only so long as the person to whom it is granted remains in possession of the premises.
(c) 
No fees suspended or refunded. No fee shall be abated or reduced for a period of service interruption. No fees shall be refunded in the event of termination or disconnection of any alarm system for any reason.
(d) 
Term of permit. An alarm permit is valid for three years, being issued on a calendar year basis, beginning in January 1 of the year of issuance.
(e) 
Renewal. Application for a renewal permit is made in the same manner as application for the initial permit. Upon payment of the permit fee and receipt of the application form, the Police Department shall issue renewal permits to all whose prior permits have not been revoked or suspended.
(f) 
Maintaining current information on file. The alarm user shall notify the Police Department within three days, in writing, of any change in the information contained in the application form on record. Failure to notify the Police Department may result in suspension of the permit.
[Ord. No. 645-04, 8-2-2004; Ord. No. 686-04, 12-6-2004; Ord. No. 959-09, 2-16-2009]
(a) 
Interconnected alarm.
(1) 
Connection fee. No new alarm may be directly connected to the communications center. Any alarm that is presently connected to the center may continue to do so until the connection is terminated.
(2) 
Interconnected alarm. For each interconnected alarm system, the annual fee is $120. The fee is due on or before January 1 of each year. A notice that payment is due shall be sent by the Police Department each year.
(b) 
Reported alarm. For each reported alarm system the fee for residential users is $15 for each three-year period and the fee for business users is $25 for each three-year period. The fee shall not be prorated in the event that the permit is issued at a time other than January 1. The permit shall be issued to the alarm user, even if the alarm is monitored by an alarm company.
(c) 
The penalty for failure to register an alarm by January 31 of the year set for renewal shall be set in the amount of $25, and the penalty collected, or to be collected, under this article within the corporate limit and police jurisdiction of the City shall be used for general fund purposes.
[Ord. No. 645-04, 8-2-2004]
Within 15 days of acquiring premises protected by an existing alarm system, the new alarm user must obtain a permit. Failure to obtain the required permit within this period will result in a service charge penalty of $25 in addition to the permit fee.
[Ord. No. 645-04, 8-2-2004]
(a) 
Service charge for repeated false alarms. If an alarm generates repeated false alarms, the alarm user shall pay to the City a service charge of $100 for the sixth false alarm in a twelve-month period and $25 for each false alarm thereafter during the same twelve-month period. False alarms occurring during the first 30 days after an alarm is installed shall not be counted for the purposes of this section. The service charge shall be due by the 10th day of the month following written notice of the assessment. All service charges will be doubled after the 12th false alarm received in a twelve-month period.
(b) 
Revocation of permit.
(1) 
If an alarm generates more than 12 false alarms within a twelve-month period, not counting those occurring within 30 days of its installation, or if the Police Department or Fire Department is unable to obtain assistance in securing the premises following a response to the alarm, or if there is any other violation of this article, then the Chief of the appropriate department may revoke the permit for the system.
(2) 
Any alarm system that generates 24 false alarms within a three-year period will have its permit revoked. If the permit is revoked on this basis, the alarm system must be disabled from activation (including audible alarms) or notifying any outside company or the Police Department. Any alarm user whose permit is revoked under this provision may not apply for another alarm permit or install an alarm system for a period of one year.
(3) 
If a permit is revoked, for any reason, the following must occur before the revocation will be lifted:
a. 
Every person that occupies or uses the premises and may have occasion to use the alarm system must be instructed and trained by the company that installed the alarm system regarding its proper use and operation and the penalties for noncompliance. The alarm installer must certify in writing to the alarm user and the Police Department that this training has been provided to the named individuals.
b. 
Any new employee of an alarm installer must be certified as being licensed by the State of Alabama Electronic Security Board of Licensure and as having received at least four hours of in-house training in the proper use and operation of the system and the penalties for noncompliance before being allowed to work. The alarm installer will provide a copy of this certification to the Police Department within five days of completion.
c. 
Written notice of assessment or revocation. The Chief of the appropriate department, or his or her designee, shall send written notice of an assessment or permit revocation under this section by certified mail to the alarm user and the alarm company, if any, responsible for monitoring the alarm system. The notice shall set out the consequences of the assessment or revocation and the method of appealing it.
d. 
Effects of revocation of permit. If a permit for an interconnected alarm system is revoked, the system's connection to the communication center shall be terminated. If the permit for a reported alarm system is revoked, then the alarm user shall promptly disconnect or disable the system.
e. 
Hospitals, nursing homes, senior citizen facilities, schools, and churches. Notwithstanding any provisions of this article, no hospital, church, nursing home, multi-unit senior citizen housing facility, jail, school (both primary and secondary) or child care facility licensed by the Alabama Department of Human Resources and caring for more than five children shall be subject to permit revocation or termination of alarm response service. No service charges will be applied until the sixth false alarm in a twelve-month period and then at the rate of $25 per occurrence. However, the Chief of the department affected by repeated false alarms from such a facility may order that the service charge be doubled for false alarms after the 10th false alarm in a twelve-month period, not including those during the first 30 days after installation of the alarm. This subsection does not apply to post-secondary educational facilities, both publicly and privately owned and/or funded.
f. 
Appeal of assessment or revocation.
1. 
To Chief of Police Department or Fire Department. Within 14 days of the receipt of written notice of an assessment or permit revocation under this section, the alarm user may apply in writing to the Fire Chief, in the case of a fire alarm, or the Police Chief, in the case of any other alarm, for reconsideration of the assessment or revocation. The Chief, for good cause shown, may determine that the assessment or revocation was made in error or may postpone or waive the assessment or revocation, and may condition such postponement or waiver on compliance with reasonable conditions. The Chief shall respond to the request for reconsideration within seven days after receiving it. If no timely response is received from the Chief, then the request shall be deemed denied.
2. 
To City Council. Within 14 days after receiving the Chief's decision or after the time for his or her ruling has expired, the alarm user may appeal the decision to the City Council by notifying the City Clerk in writing of such appeal. The City Council shall conduct a hearing on the appeal within 28 days and shall hear evidence presented by the appellant and by the appropriate Chief or his or her representative. The Council may affirm the decision of the Chief or may enter any other decision which could have been entered by the Chief.
[Ord. No. 645-04, 8-2-2004]
If a permit to operate an alarm system is revoked, it shall be unlawful for the alarm user to fail to disable the alarm or in some manner to assure that the activation of the alarm will not cause a sound audible to the public nor generate a signal which will be received by or reported to the communication center.
[Ord. No. 645-04, 8-2-2004]
It shall be unlawful for any person to program an automatic dialing device to dial any telephone number issued to the City or to use or maintain a device programmed for the purpose of reporting an alarm. It shall be unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is so programmed within 12 hours after receipt of written notice from the City that the device is so programmed. This section shall not apply to interconnected fire alarms permitted by this article.
[Ord. No. 645-04, 8-2-2004]
No person shall use or install an audible alarm system that is not automatically silenced within 10 minutes after being activated unless a new act or circumstance triggers the sensor to activate. No provision of this article shall be applicable to a "lifeline" emergency notification system.
[Ord. No. 645-04, 8-2-2004]
A current copy of the alarm regulations established in this article will be provided to the alarm user each time an alarm permit is issued. The alarm user must sign for the copy of the regulations. Every alarm installation or monitoring company that is licensed to do business in the City will be sent a copy of the regulations, by personal delivery, or by first-class mail, whenever this article is amended.