EMERGENCY TELEPHONE SYSTEM

Municipal Code of Chicago tit. 3, ch. 3-64

in effect

Municipal Code of Chicago § 3-64-010 Title.

3-64-010 Title. This chapter shall be known and cited as the "emergency telephone system ordinance" and the surcharge herein imposed shall be known and cited as the "emergency telephone system surcharge". (Prior code § 189.1-1; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-020 Definitions.

3-64-020 Definitions. For the purposes of this chapter, when any of the following words or terms are used herein they shall have the meaning or construction ascribed to them in this section: "Advanced Service" means any telecommunications service with or without dynamic bandwidth allocation, such as but not limited to ISDN Primary Rate Interface (PRI), which, through the use of a DS-1, T-1 or other un-channelized or multi-channel transmission facility, is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency. As used in this section, "dynamic bandwidth allocation" means the ability of the facility or customer to drop and add channels, or adjust bandwidth, when needed in real time for voice or data purposes. As used in this section, "DS-1, T-1 or similar un- channelized or multi-channel transmission facility" means a facility that can transmit and receive a bit rate of at least 1.544 megabits per second (Mbps). "Board" means the Chicago Emergency Telephone System Board created by this chapter. "Department" means the department of finance of the City of Chicago. "Executive director" means the executive director of the city's office of emergency management and communications, responsible for the management and control of the city's emergency telephone system. "Regular Service" means any telecommunications service, other than Advanced Service, that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency. "Trunk line" means a transmission path, or group of transmission paths, connecting a subscriber's Private Branch Exchange ("P.B.X.") to a telecommunications carrier's public switched network. In the case of Regular Service, each voice grade communications channel or equivalent amount of bandwidth capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered a trunk line, even if it is bundled with other channels or additional bandwidth. In the case of Advanced Service, each DS-1, T-1 or other un-channelized or multi-channel transmission facility that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered a single trunk line, even if it contains multiple voice grade communications channels or otherwise supports two or more voice grade calls ("VCG") at a time; provided, however, that each additional increment of up to 24 voice grade channels of transmission capacity that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered an additional trunk line. Any other word or term not defined herein but defined in the Emergency Telephone System Act of the State of Illinois shall have the meaning ascribed to the word or term in that act. In this chapter, unless the context otherwise requires, words in the singular number include the plural, and in the plural include the singular; words of the masculine gender include the feminine and the neuter; and when the sense so indicates, words of the neuter gender may refer to any gender. (Prior code § 189.1-2; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 12-4-02, p. 99026, § 8.5; Amend Coun. J. 11-18-09, p. 76000, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3; Amend Coun. J. 11-21-17, p. 61858, Art. III, § 1)

Municipal Code of Chicago § 3-64-030 Surcharge imposed.

3-64-030 Surcharge imposed. A. A surcharge is hereby imposed upon billed subscribers of telecommunications services within the corporate limits of the city other than "wireless communications service" as defined by Section 7-50-010 of this Code. The surcharge shall be imposed at the monthly rate set forth below per voice grade communications channel between a subscriber's premises and the public switched network capable of providing access to the 9-1-1 emergency telephone system; except that where multiple voice grade communications channels are connected between the subscriber's premises and the public switched network through a private branch exchange service (P.B.X.), five surcharges shall be imposed on every such Regular Service provisioned Trunk line leaving the subscriber's premises and 12 surcharges shall be imposed on every Advanced Service provisioned Trunk line leaving the subscriber's premises, and where an Advanced Service Trunk line supports at least two but fewer than twenty-three simultaneous VGCs, a telecommunication carrier may elect to impose fewer than twelve surcharges per such Trunk line as provided in subsection (D) herein; and where multiple voice grade communications channels are connected to the public switched network through a telecommunications carrier's central office centrex-type service, five surcharges shall be imposed on the number of P.B.X. trunk equivalents for such system as determined by a P.B.X. trunk equivalency table based on generally acceptable telecommunications engineering principles and approved by the comptroller. (1) Through December 31, 2017, the surcharge shall be imposed at the monthly rate of $3.90 per voice grade communications channel between a subscriber’s premises and the public switched network capable of providing access to the 9-1-1 emergency telephone system. (2) Beginning January 1, 2018 and through December 31, 2020, the surcharge shall be imposed at the monthly rate of $5.00 per voice grade communications channel between a subscriber's premises and the public switched network capable of providing access to the 9-1-1 emergency telephone system. (3) Beginning January 1, 2021, the surcharge imposed shall be at the monthly rate of $5.00 per voice grade communications channel between a subscriber's premises and the public switched network capable of providing access to the 9-1-1 emergency telephone system, unless the maximum rate authorized by the General Assembly is lower, in which case the rate shall be the maximum rate authorized by the General Assembly. B. The telecommunications carrier collecting the surcharge may deduct three percent of the gross amount of the surcharges collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge and may deduct network or other 9-1-1 system charges then due the carrier, as shown on an itemized bill. C. The term "telecommunications" for purpose of this section shall be defined as in subsection 3-73-020 Q. of this Code. D. For an Advanced Service provisioned Trunk line connected between the subscriber's premises and the public switched network through a P.B.X., where such Advanced Service provisioned Trunk line is capable of transporting at least two but fewer than twenty-three simultaneous VGCs per such Trunk line, the telecommunications carrier collecting the surcharge may elect to impose surcharges in accordance with the table herein provided, without limiting any telecommunications carrier's obligations to otherwise keep and maintain records. Any telecommunications carrier electing to impose fewer than twelve surcharges per an Advanced Service provisioned Trunk line shall keep and maintain records adequate to demonstrate the VGC capability of each such Advanced Service provisioned Trunk line with fewer than twelve surcharges imposed; provided that twelve surcharges shall be imposed on an Advanced Service provisioned Trunk line regardless of the VGC capability where a telecommunications carrier cannot demonstrate the VGC capability of such Advanced Service provisioned Trunk line. Facility | VGC | 911 Surcharges Advanced Service provisioned Trunk line | 18-23 | 12 Advanced Service provisioned Trunk line | 12-17 | 10 Advanced Service provisioned Trunk line | 2-11 | 8 (Prior code § 189.1-3; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 10-3-90, p. 21506; Amend Coun. J. 11-15-95, p. 11995; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 12-2-98, p. 85604; Amend Coun. J. 3-31-04, p. 20916, § 3.19; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 11-18-09, p. 76000, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3; Amend Coun. J. 7-30-14, p. 84576, § 1; Amend Coun. J. 11-21-17, p. 61858, Art. III, § 1)

Municipal Code of Chicago § 3-64-040 Surcharge in addition to other charges and fees.

3-64-040 Surcharge in addition to other charges and fees. The surcharge herein imposed is in addition to any other surcharges, taxes or fees authorized by law. (Prior code § 189.1-4; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-050 Surcharge collection - Remittance return.

3-64-050 Surcharge collection - Remittance return. A. The telecommunications carrier shall collect this surcharge and remit it to the department on a monthly basis, not later than 30 days after it is collected by the carrier, or the last day of the month following the month it was collected by the carrier, whichever occurs later. The remittance return shall be in a form prescribed by the comptroller and shall include any information the comptroller deems necessary. The remittance return shall be filed and signed by an officer or authorized representative of the carrier. B. Notwithstanding any other provision of this chapter, (1) all returns shall be filed with the department on an annual basis on or before August 15 of each year in accordance with Sections 3-4-186 and 3-4-189 of this Code, (2) all remittances shall be made in accordance with either Section 3-4-187 (payment of actual tax liabilities) or Section 3-4-188 (payment of estimated taxes), and (3) the provisions of Sections 3-4-186, 3-4-187, 3-4-188 and 3-4-189 shall control over any contrary provisions in this chapter regarding the subject covered by those sections. (Prior code § 189.1-5; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 12-2-98, p. 85604; Amend Coun. J. 11-17-99, p. 18040, § 2.1; Amend Coun. J. 3-31-04, p. 20916, § 3.20; Amend Coun. J. 11-17-10, p. 106597, Art. V, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

Municipal Code of Chicago § 3-64-060 Deposit of receipts into emergency telephone system fund.

3-64-060 Deposit of receipts into emergency telephone system fund. The department shall transmit receipts of the surcharge to the board for deposit into the emergency telephone system fund. (Prior code § 189.1-6; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-070 Records and bookkeeping.

3-64-070 Records and bookkeeping. Every telecommunications carrier required to collect the surcharge imposed herein shall keep accurate and complete books and records of the collection of the surcharge and how it was calculated, including any source documents and other pertinent papers and documents. All such books and records which are required to be kept by this chapter shall, at all times during business hours of the day, be subject to inspection by the department or its authorized agents and employees. (Prior code § 189.1-7; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-080 Comptroller - Powers and duties.

3-64-080 Comptroller - Powers and duties. The comptroller is hereby empowered to adopt, promulgate and enforce rules and regulations relating in any way to the administration and enforcement of this chapter, including provisions for the reexamination, correction, and amendment of all returns. The comptroller or any agent or employee designated in writing by him, is hereby authorized to examine the books and records of any taxpayer during regular business hours, in order to verify the accuracy of any return made, or if no return was made to ascertain the surcharge imposed by this chapter, and also may conduct investigations and issue subpoenas to any person in order to accomplish these tasks. (Prior code § 189.1-8; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

Municipal Code of Chicago § 3-64-090 Uniform revenue procedures ordinance applicable.

3-64-090 Uniform revenue procedures ordinance applicable. The provisions of the uniform revenue procedures ordinance shall apply to and supplement this chapter to the extent they are not clearly inconsistent herewith and the surcharge shall be deemed a revenue measure for purposes of the application of that ordinance. (Prior code § 189.1-9; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-100 Emergency Telephone System Board - Created - Membership.

3-64-100 Emergency Telephone System Board - Created - Membership. There is hereby created the Chicago Emergency Telephone System Board, to be composed of at least five members appointed by the Mayor of Chicago subject to the approval of the City Council. At least three members of the Board shall be representatives of the City’s public safety departments that use the 9-1-1 emergency telephone system, including, but not limited to, a representative from the City’s Department of Police, Fire Department, and Office of Emergency Management and Communications. One member of the Board shall be a public member who is a resident of the City. All members of the Board shall be appointed on the basis of their ability and experience. Members of the Board shall serve without compensation, but shall be reimbursed for their actual and necessary expenses. The Mayor shall designate one member of the Board to serve as chairman, one to serve as vice chairman, and one to serve as secretary. (Prior code § 189.1-10; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 7-16-25, p. 30677, § 1)

Municipal Code of Chicago § 3-64-110 Board - Appointment and term.

3-64-110 Board - Appointment and term. The mayor shall initially appoint members to serve terms expiring July 1, 1991, 1992, 1993, 1994 and 1995, respectively. Successors shall be appointed for five-year terms. Members shall serve until their successors are appointed and qualified. (Prior code § 189.1-11; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-120 Board - Quorum.

3-64-120 Board - Quorum. Three members of the board shall constitute a quorum. All action taken by the board shall be pursuant to the affirmative vote of at least three members. (Prior code § 189.1-12; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-130 Board - Meetings.

3-64-130 Board - Meetings. The board shall meet at least quarterly. Notice and conduct of such meetings shall be in accordance with the Illinois Open Meetings Act. (Prior code § 189.1-13; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-140 Board - Powers and duties.

3-64-140 Board - Powers and duties. The board shall have the following powers and duties: (1) Planning a 9-1-1 system; (2) Coordinating and supervising the implementation, upgrading or maintenance of the system, including the establishment of equipment specifications and coding system; (3) Receiving monies from the surcharge imposed under this chapter and from any other source, for deposit into the emergency telephone system fund; (4) Authorizing all disbursements from the fund; (5) Hiring, on a temporary basis, any staff necessary for the implementation or upgrade of the system; (6) Any other power consistent with and in furtherance of the purposes of this chapter; provided, however, that such powers do not extend to those areas in which the executive director has been granted power in accordance with Section 3-64-145 of the Municipal Code. (Prior code § 189.1-14; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 12-4-02, p. 99026, § 8.5)

Municipal Code of Chicago § 3-64-145 Executive director - Appointment / powers and duties.

3-64-145 Executive director - Appointment / powers and duties. The executive director shall be responsible for the general management and control of the 9-1-1 system. He or she shall have the authority to authorize the expenditure of funds (other than funds derived from the surcharge authorized by this chapter which will remain under the control of the board as set forth in Section 3-64-140 of this chapter) appropriated for the 9-1-1 system in accordance with such appropriations. Except as provided herein, the executive director shall have the authority to appoint and discipline employees, and to exercise such other powers consistent with and in furtherance of the purposes of this chapter. (Added Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-150 Board - Applicability of governmental ethics ordinance.

3-64-150 Board - Applicability of governmental ethics ordinance. Members and employees of the board shall be subject to the applicable provisions of the governmental ethics ordinance, Chapter 2-156 of this Code. (Prior code § 189.1-15; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-160 Emergency telephone system fund.

3-64-160 Emergency telephone system fund. There is hereby established the emergency telephone system fund. The city treasurer, ex officio, shall be custodian and treasurer of the fund. The city treasurer shall maintain books and accounts concerning the fund in the manner prescribed by the board. The city treasurer shall be liable on his official bond for the proper performance of his duties relating to the fund. All interest accruing on the fund shall remain in the fund. No expenditures may be made from the fund except upon the direction of the board by resolution passed by three members of the board. Expenditures from the fund shall be made only to pay for the costs associated with the following: (1) The design of the emergency telephone system; (2) The coding of an initial master street address guide data base, and update and maintenance thereof; (3) The repayment of the monies advanced for the implementation of the system; (4) The charges for automatic number identification and automatic location identification equipment, a computer aided dispatch system that records, maintains, and integrates information, mobile data transmitters equipped with automatic vehicle locators, and maintenance, replacement and update thereof to increase operational efficiency and improve the provision of emergency services; (5) The nonrecurring charges related to installation of the emergency telephone system and the ongoing network charges; (6) The initial acquisition and installation, or the reimbursement of costs therefore to other governmental bodies that have incurred those costs, of road or street signs that are essential to the implementation of the emergency telephone system and that are not duplicative of signs that are the responsibility of the jurisdiction charged with maintaining road and street signs. Funds may not be used for ongoing expenses associated with road or street sign maintenance and replacement; (7) Other products and services necessary for the implementation, upgrade and maintenance of the system and any other purpose related to the operation of the system, including costs attributable directly to the construction, leasing or maintenance of any buildings or facilities or costs of personnel attributable directly to the operation of the system. Costs attributable directly to the operation of an emergency telephone system do not include the costs of public safety agency personnel who are, and equipment that is, dispatched in response to an emergency call; (8) The defraying of expenses incurred to implement Next Generation 9-1-1, subject to the conditions set for in the Act; (9) The implementation of a computer aided dispatch system or hosted supplemental 9-1-1 services; (10) The design, implementation, operation, maintenance, or upgrade of wireless 9-1-1, E9-1-1, or NG9-1-1 emergency services and public safety answering points; (11) Any anti-terrorism or emergency preparedness measures, including, but not limited to, preparedness planning, providing local matching funds for federal or state grants, personnel training, and specialized equipment, including surveillance cameras, as needed to deal with natural and terrorist-inspired emergency situations or events; (12) Any other purposes that may be authorized by State law. (Prior code § 189.1-16; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631; Amend Coun. J. 11-21-17, p. 61858, Art. III, § 1)

Municipal Code of Chicago § 3-64-165 Employees of the 9-1-1 system.

3-64-165 Employees of the 9-1-1 system. Sworn police and uniformed fire service members assigned to the 9-1-1 system at the request of the executive director shall remain members of their respective departments subject to the disciplinary authority of the superintendent of police and fire commissioner, respectively; provided, however, that the executive director shall be responsible for the general management and control of emergency communications personnel. (Added Coun. J. 9-10-97, p. 51631)

Municipal Code of Chicago § 3-64-170 Severability.

3-64-170 Severability. If any provision of this chapter or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid application or provision, and to this end each such invalid provision or invalid application of this chapter is severable, unless otherwise provided by this chapter. In particular, but without limitation, each provision creating an exception to or an exemption or exclusion from the imposition of the surcharge is severable. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had any such unconstitutional or otherwise invalid provision or application not been included. (Prior code § 189.1-17; Added Coun. J. 12-6-89, p. 9623; Amend Coun. J. 9-10-97, p. 51631)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2608303Fetched: 10/24/2026