As used in this article, the following terms shall have the meanings indicated:
CURFEW
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.
STATE OF EMERGENCY
Either:
(A) 
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
(B) 
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]
[1]
Editor's Note: See Ch. A25, Fees.