Sen. David Luechtefeld
Filed: 4/30/2010
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| 1 | AMENDMENT TO HOUSE BILL 4973
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| 2 | AMENDMENT NO. ______. Amend House Bill 4973, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Illinois Municipal Code is amended by | ||||||
| 6 | adding Section 11-5.3-2 as follows: | ||||||
| 7 | (65 ILCS 5/11-5.3-2 new) | ||||||
| 8 | Sec. 11-5.3-2. False alarms. | ||||||
| 9 | (a) The corporate authorities of each municipality may, by | ||||||
| 10 | ordinance, impose a fine against an entity making more than 3 | ||||||
| 11 | false alarms within a 12-month period at a single location. The | ||||||
| 12 | fine may not exceed the following: (i) $100 per false alarm for | ||||||
| 13 | the fourth through sixth false alarm, (ii) $200 per false alarm | ||||||
| 14 | for the seventh through tenth false alarm, and (iii) the | ||||||
| 15 | maximum fine allowed for ordinance violations under Section | ||||||
| 16 | 1-2-1 for the eleventh or subsequent false alarm. | ||||||
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| 1 | (b) The following may not be considered false alarms: | ||||||
| 2 | (1) Alarms activated by the installation, repair, | ||||||
| 3 | maintenance, or testing of an alarm if the designated | ||||||
| 4 | emergency services contact is notified in advance by the | ||||||
| 5 | alarm company or alarm user actually conducting the | ||||||
| 6 | installation, repair, maintenance, or testing. | ||||||
| 7 | (2) Alarms activated by the installation, repair, or | ||||||
| 8 | testing of telephone or electrical lines or related | ||||||
| 9 | equipment. | ||||||
| 10 | (3) Alarms activated by an act of God including, but | ||||||
| 11 | not limited to, earthquakes, floods, winds, or storms. | ||||||
| 12 | (4) Alarms activated by an attempted illegal entry of | ||||||
| 13 | which there is physical evidence. | ||||||
| 14 | (5) Alarms activated by an individual or group of | ||||||
| 15 | individuals engaged in or assisting in the act of retail | ||||||
| 16 | theft in violation of Article 16A of the Criminal Code of | ||||||
| 17 | 1961. | ||||||
| 18 | (6) Alarms activated by a surge or loss of electrical | ||||||
| 19 | power or telephone service to the alarm system. | ||||||
| 20 | (c) Each municipality adopting a false alarm ordinance | ||||||
| 21 | shall designate one emergency services contact for alarm | ||||||
| 22 | companies and alarm users to notify in the event the activity | ||||||
| 23 | of the alarm company or alarm user may or does trigger a false | ||||||
| 24 | alarm. The emergency services contact designated by the | ||||||
| 25 | municipality shall notify the alarm user, in writing, within 14 | ||||||
| 26 | days after each recorded false alarm. The alarm user shall have | ||||||
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| 1 | 14 days to appeal the designation. The municipality shall | ||||||
| 2 | provide in writing to each alarm company and alarm user which | ||||||
| 3 | interfaces with the municipality the details of the false alarm | ||||||
| 4 | ordinance and the contact information for the emergency | ||||||
| 5 | services contact. | ||||||
| 6 | (d) An alarm user may raise as an affirmative defense to a | ||||||
| 7 | violation of this Section that the alarm user has taken all | ||||||
| 8 | reasonable measures to eliminate false alarms. Those | ||||||
| 9 | reasonable measures must include all of the following: | ||||||
| 10 | (1) using an alarm system that is installed and | ||||||
| 11 | maintained by an alarm company; | ||||||
| 12 | (2) having documentary evidence that the alarm system | ||||||
| 13 | was installed, inspected, or tested by an alarm company | ||||||
| 14 | within the previous 12 months; and | ||||||
| 15 | (3) making every reasonable effort to have a | ||||||
| 16 | responsible person arrive at the protected premises within | ||||||
| 17 | a reasonable period of time if requested by the emergency | ||||||
| 18 | services contact to perform one or more of the following | ||||||
| 19 | acts: (i) deactivate the alarm system, (ii) provide access | ||||||
| 20 | to the alarm location, or (iii) provide alternative | ||||||
| 21 | security for the alarm location. | ||||||
| 22 | (e) For the purposes of this Section, "alarm company" means | ||||||
| 23 | any firm, person, partnership, corporation, or other legal | ||||||
| 24 | entity required to be licensed by the State that, with respect | ||||||
| 25 | to any alarm installed upon any premises within the | ||||||
| 26 | municipality, has servicing, maintenance, or monitoring duties | ||||||
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| 1 | or responsibilities under the terms of any agreement or | ||||||
| 2 | arrangement with an alarm user. | ||||||
| 3 | For the purposes of this Section, "alarm user" means any | ||||||
| 4 | person, firm, partnership, corporation, or other legal entity | ||||||
| 5 | in control of any building, premise, structure, or facility | ||||||
| 6 | upon which an alarm is maintained. | ||||||
| 7 | For the purposes of this Section, "false alarm" means any | ||||||
| 8 | alarm system activated when a situation requiring the response | ||||||
| 9 | of police, fire, or emergency medical services does not exist | ||||||
| 10 | and is caused by the inadvertence, negligence, or intentional | ||||||
| 11 | act of an alarm company or alarm user, or a malfunction of the | ||||||
| 12 | alarm. | ||||||
| 13 | (f) A home rule municipality may not regulate false alarms | ||||||
| 14 | in a manner that is more restrictive than this Act. This | ||||||
| 15 | Section is a limitation under subsection (i) of Section 6 of | ||||||
| 16 | Article VII of the Illinois Constitution on the concurrent | ||||||
| 17 | exercise by home rule units of powers and functions exercised | ||||||
| 18 | by the State. | ||||||
| 19 | (g) This Section does not apply to ordinances in effect as | ||||||
| 20 | of April 1, 2010. ".
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