For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
CIVIL EMERGENCY
A.
A riot or unlawful assembly characterized by the use of actual
force or violence, or any threat to use force or violence if accompanied
by immediate power to execute by three or more persons acting together
without authority of law.
B.
Any natural disaster or human-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.
CURFEW
A prohibition against any person walking, running, loitering,
standing, bicycling, motoring, or otherwise traveling on 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 the civil
emergency.
Whenever an emergency as defined in §
35-25 exists, the President shall declare the existence of such an emergency, but in doing so he or she must sign under oath a statement setting forth the facts which constitute the emergency, describe the nature of the emergency, declare that a state of emergency exists, and shall file the same with the Village Clerk as soon as practicable.
After proclamation of a civil emergency by the President, he
or she may order a general curfew applicable to any geographical areas
of the Village, or to the Village as a whole, as he or she deems advisable,
and applicable during such hours of the day or night as he or she
deems necessary in the interests of the public safety and welfare.
After the proclamation of a civil emergency, the 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 retail liquor stores, including taverns
and private clubs or portions thereof wherein the consumption of intoxicating
liquor and beer is permitted.
B. Order the discontinuance of the sale of alcoholic liquor by any wholesaler
or retailer.
C. Order the discontinuance of selling, distributing, or giving away
gasoline or other liquid flammable or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle.
D. Order the closing of gasoline stations and other establishments,
the chief activity of which is the sale, distribution, or dispensing
of liquid flammable or combustible products.
E. Order the discontinuance of selling, distributing, dispensing, or
giving away of any firearms or ammunition of any character whatsoever.
F. Order the closing of any or all establishments or portions thereof,
the chief activity of which is the sale, distribution, dispensing,
or giving away of firearms or ammunition.
G. Where necessary to protect against escaping dangerous gases, explosion,
or other dangerous physical conditions, order the evacuation of any
part or all of the Village.
H. Issue such other orders as are imminently necessary for the protection
of life and property.
The proclamation herein authorized shall be effective for a
period of 48 hours unless sooner terminated by a proclamation of the
President indicating that the civil emergency no longer exists. The
President shall have the power to reproclaim the existence of a civil
emergency at the end of each forty-eight-hour period during the time
the civil emergency exists.
Upon issuing the proclamation herein authorized, the Chief of
Police shall notify the news media situated within the Village and
all members of the Village Board, and shall cause copies of the proclamation
declaring the existence of the emergency to be prominently posted
at each of the following places within the Village:
B. The fire protection district building.
C. The Village's banking institutions.
Nothing contained in this article shall be construed to impair
the powers contained in this article giving powers to the Police and
Fire Protection District, but shall be construed together with existing
ordinances now in effect for the safety and welfare of the citizens
of the Village.