Full Text of HB4815 96th General Assembly
HB4815sam004 96TH GENERAL ASSEMBLY
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Sen. David Luechtefeld
Filed: 5/27/2010
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09600HB4815sam004 |
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LRB096 16805 RLJ 41707 a |
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| AMENDMENT TO HOUSE BILL 4815
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| AMENDMENT NO. ______. Amend House Bill 4815, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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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| (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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| 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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| 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, premises, 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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