As used in this article, the following terms shall have the
meanings indicated:
A prohibition against any person or persons walking, running,
loitering, standing or motoring upon any alley, street, highway, public
property or vacant premises within the corporate limits of the Village,
excepting officials of any governmental unit and persons officially
designated to duty with reference to a state of emergency.
Either:
A riot or unlawful assembly characterized by the use of actual
force or violence or any threat to use force if accompanied by immediate
power to execute by three or more persons acting together without
authority of law; or
Any natural disaster or man-made calamity, including flood,
conflagration, cyclone, tornado, earthquake or explosion within the
corporate limits of the Village, resulting in the death or injury
of persons or the destruction of property to such an extent that extraordinary
measures must be taken to protect the public health, safety and welfare.
Whenever the Village President shall determine that there exists
a state of emergency in the Village, the Village President shall have
the extraordinary power and authority to exercise by executive order
all such powers of the corporate authorities and other officers of
the Village as may be reasonably necessary or appropriate to eliminate
or minimize the dangers arising from such state of emergency and for
the protection of the health, safety and general welfare of the public,
provided that prior to exercising any such extraordinary power and
authority, the Village President shall have executed under oath a
written declaration of emergency containing the following:
(A)
A statement of certain facts known to the Village President, either
directly or upon information and belief, which are believed by him
or her to constitute a state of emergency;
(B)
An express declaration of a state of emergency pursuant to this article;
and
(C)
Such further orders and directives as the Village President may deem
necessary or appropriate for the protection of the health, safety
and general welfare of the public.
After proclamation of a state of emergency by the Village President,
the Village President may order a general curfew applicable to such
geographical areas of the Village or to the Village as a whole, as
deemed advisable by the President, and applicable during such hours
of the day or night as deemed necessary by the President in the interest
of the public safety and welfare
After the proclamation of a state of emergency, the Village
President may also in the interest of public safety and welfare make
any or all of the following orders:
(A)
Order the closing of all liquor stores and establishments, including
restaurants and private clubs or portions thereof wherein the consumption
of alcoholic liquor is permitted.
(B)
Prohibit the sale, serving or giving away of any intoxicating liquor
in or by any store, restaurant, private club or other establishment
having an alcoholic liquor license issued by the Village.
(C)
Order the discontinuance of the sale of alcoholic liquor by any wholesaler
or retailer.
(D)
Order the discontinuance of selling, distributing or giving away
of gasoline or other liquid flammable or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle.
(E)
Order the discontinuance of selling, distributing, dispensing or
giving away of any firearms or ammunitions of any character whatsoever.
(F)
Such other orders as are imminently necessary for the protection
of life and property.
Upon issuance of the proclamation authorized, it shall be filed
with the Clerk as soon as practicable and the Police Chief shall notify
the news media of the Village and shall cause three copies of the
proclamation, declaring the existence of the state of emergency, to
be posted in three prominent places within the Village.
A state of emergency may be declared terminated at any time
by the Village President by a written declaration executed by the
Village President, and in any event a state of emergency shall expire
and terminate automatically and without any further act by the Village
President not later than the adjournment of the first regular meeting
of the Board of Trustees after execution of the declaration of emergency;
provided, however, that the Board of Trustees may from time to time
thereafter by motion extend such state of emergency and any orders
issued by the Village President in connection therewith until a time
fixed in such motion, but not later than (i) the adjournment of the
next succeeding meeting of the Board of Trustees, or (ii) 48 hours
after the time of such extension, whichever shall first occur.
It shall be unlawful for any person to violate the provisions
of any curfew or any other order issued by the President under the
provisions of this article, or to fail or refuse to obey promptly
any reasonable order, direction or command issued by any police officer
acting in the performance of his or her duty or power in the enforcement
of the provisions of this article for the preservation of the public
peace, health and safety.
Any person guilty of such violation shall upon conviction thereof
be punished by a fine for each offense in the amount set forth in
the Annual Fee Resolution.[1]
