[Adopted 6-19-2001 by Ord. No. 01-020; amended in its entirety 6-4-2002 by Ord. No. 02-023]
A.
Because of the possibility of the occurrence of disasters of unprecedented
size and destructiveness resulting from the detonation in this Village
or in a neighboring municipality of atomic or other explosives, or
from sabotage or other disloyal actions within, or from, fire, flood,
earthquake, or other natural or man-made causes, and in order to ensure
that the Village will be prepared to and will adequately deal with
any such disasters, preserve the lives and property of the people
of the Village and protect the public peace, health and safety in
the event of such a disaster, it is found and declared to be necessary:
(1)
To create a municipal emergency management agency.
(2)
To confer upon the Village President the extraordinary power and
authority set forth under Section 11-1-6 of the Illinois Municipal
Code (65 ILCS 5/11-1-6).
(3)
To provide for the rendering of mutual aid to other cities and political
subdivisions with respect to the carrying out of emergency management
operations.
B.
Whenever the President shall determine that a disaster or emergency exists in accordance with the definition thereof in § 27-3 of this article, the President shall have the extraordinary power (without otherwise limiting any powers granted to the President by this article or other applicable law) to exercise by executive order all powers of the corporate authorities and other officials or officers of the Village of Homer Glen as may be reasonably necessary to eliminate or minimize the dangers to the Village of the disaster or emergency, and to protect, promote and preserve the health, safety, morals, welfare and property of the residents of the Village; provided, however that prior to exercising any powers in such fashion, the President shall first be required to formally declare in writing and under oath that a state of disaster or emergency exists, which declaration shall be filed with the Village Clerk and shall contain (i) a statement of certain facts known to the President, whether directly, or upon information and belief after reasonable investigation, believed to constitute a disaster or emergency, (ii) an express declaration that such facts constitute a disaster or emergency, and (iii) such orders as may be necessary to protect the health, safety, morals, welfare and property of the residents of the Village. As soon as possible after executing such a declaration, the President shall cause the same to be published by posting copies of the same on the front door of the Village offices, on the front door of all locations where Village Board meetings are held, and at such other prominent locations in the Village as may be necessary in the President's discretion to disseminate the declaration of a state of disaster or emergency, as well as by distributing copies of the same to print and electronic media operating, broadcasting or having circulation within the Village. Any state of emergency or disaster declared by the President in accordance with the foregoing shall, unless sooner terminated by the President by a declaration of termination of disaster or emergency executed and published in the same manner as the declaration of the state of disaster or emergency, expire without further action as of the adjournment of the first regularly scheduled meeting of the Village Board held after the execution of the declaration of disaster or emergency; provided, however that the Village Board may from time to time by motion extend the declaration of the state of disaster or emergency and of all actions taken and orders issued thereunder for successive additional periods expiring at the sooner of the adjournment of the next successive meeting of the Village Board, 72 hours, or any other sooner time required by 65 ILCS 5/11-1-6 or the Illinois Emergency Management Act.
C.
It is further declared to be the purpose of this article and the
policy of the Village that all disaster or emergency management programs
of the Village be coordinated to the maximum extent with the comparable
functions of the federal and state governments, including their various
departments and agencies, of other municipalities and localities and
private agencies of every type, to the end that the most effective
preparation and use may be made of the available manpower, resources,
and facilities for dealing with any disaster that may occur.
Nothing in this article shall be construed to:
A.
Interfere with the course or conduct of a private labor dispute,
except that actions otherwise authorized by this article or other
laws may be taken when necessary to forestall or mitigate imminent
or existing danger to public health or safety.
B.
Interfere with dissemination of news or comment of public affairs;
but any communications facility or organization (including, but not
limited to, radio and television stations, wire services, and newspapers)
may be requested to transmit or print public service messages furnishing
information or instructions in connection with a disaster.
C.
Affect the jurisdiction or responsibilities of police forces, fire-fighting
forces, units of the armed forces of the United States, or of any
personnel thereof, when on active duty; but state and local emergency
operations plans shall place reliance upon the forces available for
performance of functions related to disaster emergencies.
D.
Limit, modify, or abridge the authority of the President and the
Village Board to exercise any other powers vested in them under the
Constitution, statutes, or common law of this state, independent of
or in conjunction with any provisions of this article.
As used in this article, unless the context clearly indicates
otherwise, the following words and terms shall have the definitions
hereinafter ascribed:
The person appointed as provided for herein who shall have
the duty of carrying out the requirements of this article.
An occurrence or threat of widespread or severe damage, injury
or loss of life or property resulting from any natural or man-made
cause, including, but not limited to, fire, flood, earthquake, wind,
storm, hazardous materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, famine, air
contamination, blight, extended periods of severe and inclement weather,
drought, infestation, explosion, critical shortages of food, medical
supplies, potable water, essential fuels and energy, riot or hostile
military or paramilitary action. As used herein, "disaster" and "emergency"
shall have the same meaning and shall be interchangeable.
The functions created in accordance with the provisions of
this article to be performed by the Village in cooperation with other
political subdivisions to alleviate the effects of a disaster or emergency.
The efforts of the Village to develop, plan, analyze, conduct,
implement and maintain programs for disaster or emergency mitigation.
The written plan of the Village describing the organization,
mission and functions of the government and supporting services for
responding to and recovery from disasters or emergencies.
The preparation for and the carrying out of such functions,
other than functions for which military forces are primarily responsible,
as may be necessary or proper to prevent, minimize, repair and alleviate
injury and damage resulting from disasters caused by fire, flood,
earthquake, or other man-made or natural causes. These functions include,
without limitation, fire-fighting services, police services, emergency
aviation services, medical and health services, rescue, engineering,
warning services, communications, radiological, chemical and other
special weapons defense, evacuation of persons from stricken areas,
emergency assigned functions of plant protection, temporary restoration
of public utility services and other functions related to civilian
protection, together with all other activities necessary or incidental
to protecting life and property.
Any county, city, village, or incorporated town.
A.
There is hereby created an emergency management agency and a coordinator
of the emergency management agency, herein called the "Coordinator,"
who shall be the head thereof. The Coordinator shall be appointed
by the President with the advice and consent of the Village Board.
He or she shall serve at the pleasure of the President. During any
vacancy in the Coordinator position or any period of time in which
the Coordinator is unable to serve, the President or any person or
persons designated by him or her shall serve and act as the Acting
Coordinator.
B.
The Village of Homer Glen Emergency Management Agency shall obtain,
with Board approval, such technical, clerical, stenographic and other
administrative personnel, and may make such expenditures within its
appropriation thereof as may be necessary to carry out the purpose
of this article.
C.
The Coordinator, subject to the direction and control of the President,
shall be the executive head of the Village of Homer Glen Emergency
Management Agency, and shall be responsible under the direction of
the President for carrying out the program for emergency services
and disaster operations of the Village. He or she shall coordinate
the activities of all organizations for emergency services and disaster
operations within the Village and shall maintain liaison, and cooperate
with the civil defense and emergency management agencies and organization
of Will County, other counties and municipalities, and of the federal
and state governments.
D.
The Village of Homer Glen Emergency Management Agency shall develop
and revise the Village Emergency Operations Plan, subject to the approval
of the Village Board.
E.
In the development of the Emergency Operations Plan, the Village
of Homer Glen Emergency Management Agency shall interrelate with business,
labor, industry, agriculture, civic and volunteer organizations, and
community leaders.
F.
The Village of Homer Glen Emergency Management Agency shall:
(1)
Determine the requirements of the Village of Homer Glen for food,
clothing and other necessities in the event of an emergency.
(2)
Develop an Emergency Operations Plan that meets the standards promulgated by the Illinois Emergency Management Agency and the requirements of § 27-5C(2) hereof.
(3)
Biannually review and revise the local Emergency Operations Plan,
subject to the approval of the Village Board.
(4)
Establish a register of persons with types of training and skills
in emergency prevention, preparedness, response and recovery.
(5)
Establish a register of government and private response resources
available for use in a disaster.
(6)
Prepare, for issuance by the President, ordinances, proclamations
and regulations as necessary or appropriate in coping with disasters.
(7)
Cooperate with the federal, state and county government and any public
or private agency or entity in achieving any purpose of this article
and in implementing programs for disaster prevention, preparation,
response and recovery.
(8)
Initiate and coordinate planning for the establishment of an emergency
operating center.
(9)
Do all other things necessary, incidental or appropriate for the
implementation of this article.
A.
The President shall have the ultimate direction and control of the Village of Homer Glen Emergency Management Agency, and shall be responsible through the Coordinator for the carrying out of the provisions of this article, and shall have the power to declare a state of disaster or emergency and to exercise the powers authorized thereby in accordance with § 27-1B of this article.
B.
In performing his duties under this article, the President is authorized
to cooperate with state and federal governments and with other municipalities
and political subdivisions in all matters pertaining to emergency
services and disaster operations as defined in this article.
C.
In performing his or her duties under this article, the President
is further authorized:
(1)
To make, amend and rescind all lawful necessary orders, rules and
regulations of the Village of Homer Glen Emergency Operations Plan
to carry out the provisions of this article within the limits of the
authority conferred upon him or her.
(2)
To cause to be prepared by the Village of Homer Glen Emergency Management
Agency the Village of Homer Glen Emergency Operations Plan, which
shall be a comprehensive plan and program for the emergency management
of the Village which shall be integrated into and coordinated with
disaster plans of the state and federal governments and of other political
subdivisions, and which plan and program shall include:
(a)
Prevention and minimization of injury and damage caused by disaster.
(b)
Prompt and effective response to disaster.
(c)
Emergency relief.
(d)
Identification of areas particularly vulnerable to disasters.
(e)
Recommendations for zoning, building and other land-use controls,
safety measures for securing permanent structures and other preventive
and preparedness measures designed to eliminate or reduce disasters
or their impact.
(f)
Assistance to local officials in designing local emergency action
plans.
(g)
Authorization and procedures for the erection or other construction
of temporary works designed to protect against or mitigate danger,
damage or loss from flood, conflagration or other disaster.
(h)
Organization of municipal manpower and chains of command.
(i)
Coordination of local emergency management activities.
(j)
Such provisions as are needed to conform to the standards of
the Illinois Emergency Management Agency.
(k)
Other necessary matters.
(3)
In accordance with such plan and program for the emergency management
of the Village, and out of funds appropriated for such purposes, to
procure and pre-position supplies, medicines, materials and equipment,
to institute training programs and public information programs, and
to take all other preparatory steps, including the partial or full
mobilization of emergency services and disaster organizations in advance
of actual disaster to ensure the furnishing of adequately trained
and equipped forces for disaster operations.
(4)
Out of funds appropriated for such purposes, to make such studies
and surveys of the industries, resources and facilities in the Village
as may be necessary to ascertain the capabilities of the Village for
the emergency management phases of preparedness, response, and recovery,
and to plan for the most efficient emergency use thereof.
D.
The President is authorized to designate space in a municipal building
or elsewhere for the Village of Homer Glen Emergency Management Agency
as its office.
A.
It is the intent of the Village Board and declared to be the policy
of the Village that every effort shall be made to provide funds for
disaster emergencies.
B.
It is the Village Board's intent that the first recourse shall be
to funds regularly appropriated to the agency. If the President finds
that the demands placed upon these funds in coping with a particular
disaster are unreasonably great, and the Governor of Illinois or the
President of the United States has proclaimed the Village of Homer
Glen a disaster area, he or she may make application for funds therefrom.
If such monies are insufficient, and if the President finds that other
sources of money to cope with the disaster are not available or are
insufficient, he or she shall issue a call for an immediate session
of the Village Board for the purpose of enacting ordinances as the
Village Board may deem necessary to transfer and expend monies appropriated
for other purposes, or to borrow monies from the United States government
or other public or private sources. If less than a quorum of the members
of the Board is capable of convening in session to enact such ordinances
for the transfer, expenditure or loan of such monies, the President
is authorized to carry out those decisions until such time as a quorum
of the Board can convene.
C.
Nothing contained herein shall be construed to limit the President's
authority to apply for, administer and expend grants, gifts, or payments
in aid of disaster prevention, preparedness, response or recovery.
A.
A local disaster emergency shall mean a state of disaster or emergency declared by the President in accordance with the requirements of § 27-1B of this article.
B.
The effect of a declaration of a local disaster emergency is to activate
the response and recovery aspects of the Village of Homer Glen Emergency
Operations Plan and to authorize the furnishing of aid and assistance
and provision of services thereunder.
C.
During a local disaster emergency, the President may suspend the
provisions of any municipal ordinance prescribing procedures for the
conduct of municipal business, or the order, rules and regulations
of any municipal department agency, if strict compliance with the
provisions of any ordinance, rule or regulation would in any way prevent,
hinder or delay necessary action in coping with the emergency, as
authorized by the Illinois Emergency Management Agency Act (20 ILCS
3305/1), provided that, if the Village Board meets at such time, he
or she shall act subject to the directions and restrictions imposed
by that body.
The testing of any disaster warning devices utilized by the
Village of Homer Glen, including outdoor warning sirens, shall be
held only on the first Tuesday of each month at 10:00 a.m.
The Coordinator may, in collaboration with other public agencies within the immediate vicinity, develop or cause to be developed mutual aid arrangements with other political subdivisions, municipal corporations or bodies politic within this state (or with other states or political subdivisions of other states to the extent permitted by law) for reciprocal disaster response and recovery in case a disaster is too great to be dealt with unassisted. The mutual aid shall not, however, be effective unless and until approved by the Village Board and by each of the other political subdivisions, municipal corporations or bodies politic as are parties thereto, in the manner provided by law, and unless and until filed with and approved in writing by the Director of the Illinois Emergency Management Agency. Such arrangements shall be consistent with the Illinois and Village of Homer Glen Emergency Operations Plan, and in the event of such a disaster as described in § 27-3 of this article, it shall be the duty of each local, state or federal department for emergency services and disaster operations to render assistance in accordance with the provisions of such mutual aid arrangements.
The Village of Homer Glen Emergency Management Agency shall
ascertain what means exist for rapid and efficient communications
in times of disaster emergencies, and shall consider the desirability
of supplementing these communications resources or of integrating
them into a comprehensive system or network. In studying the character
and feasibility of any system or its several parts, the agency shall
evaluate the possibility of multipurpose use thereof for general municipal
and local governmental purposes. The agency shall make recommendations
to the President as appropriate.
To the fullest extent allowed by applicable law, neither the
Village, the Agency or any member thereof or any person acting at
its direction, engaged in any emergency services and disaster operations
or disaster activities, while complying with or attempting to comply
with this article or any rule or regulations promulgated pursuant
to this article, is liable for the death of or any injury to persons,
or damage to property, as a result of such activity. This section
does not, however, affect the right of any person to receive benefits
to which he or she would otherwise be entitled under this article,
under the Worker's Compensation Act (820 ILCS 305/1 et seq.) or the
Worker's Occupational Diseases Act (820 ILCS 310/1 et seq.), or under
any pension law, and this section does not affect the right of any
such person to receive any benefits or compensation under any Act
of Congress.
If such a disaster as is described in § 27-3 occurs in the Village and the services of persons who are competent to practice any profession, trade or occupation are required in the Village to cope with the disaster and it appears that the number of persons licensed or registered in the Village to practice such profession, trade or occupation may be insufficient for such purpose, then any persons who are licensed elsewhere to practice any such profession, trade or occupation may practice such profession, trade or occupation in the Village without being licensed or registered in the Village during such disaster.
The Village Board may make appropriations for emergency services
and disaster operations in the manner provided by law for making appropriations
for the ordinary expenses of such political subdivision.
Whenever the federal or state governments, or any agency or
officer thereof, or whenever any person, firm or corporation shall
offer to the Village services, equipment, supplies, materials or funds
by way of gift or grant for purposes of emergency management, the
Village, acting through the President or through the Village Board,
may accept such offer; and upon such acceptance the President or the
Village Board may authorize any officer of the Village to receive
such services, equipment, supplies, materials, or funds on behalf
of the Village.
A.
A copy of every rule, regulation or order and any amendment thereof made pursuant to the provisions of this article shall be filed in the office of the Village Clerk. No such rule, regulation or order, or any amendment thereof, shall be effective until 10 days after such filing; provided, however, that upon the declaration of such a disaster emergency by the President as is described in § 27-7, the provision relating to the effective date of any rule, regulation order or amendment issued pursuant to this article and during the state of such disaster emergency is abrogated, and said rule, regulation, order or amendment shall become effective immediately upon being filed with the Village Clerk, accompanied by a certificate stating the reason for the emergency or a copy of the declaration of the state of disaster or emergency to which said rule, regulation, order or amendment relates.
B.
The Village of Homer Glen Emergency Management Agency established
pursuant to this article, and the Coordinator thereof, shall execute
and enforce such orders, rules and regulations as may be made by the
Governor under authority of the Illinois Emergency Management Agency
Act. The Village of Homer Glen Emergency Management Agency shall have
available for inspection at its office all orders, rules and regulations
made by the Governor or under this authority. The State Emergency
Services and Disaster Agency shall furnish such orders, rules and
regulations to the Agency.
In carrying out the provisions of this article, the President
and the Coordinator of the Emergency Management Agency are directed
to utilize the services, equipment, supplies and facilities of existing
departments, offices and agencies of the Village to the maximum extent
practicable, and the officers and personnel of all such departments,
offices and agencies are directed, upon request, to cooperate with
and extend such services and facilities to the Coordinator and the
Emergency Management Agency.
A.
Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants a license or privilege,
or otherwise permits the designation or use of the whole or any part
or parts of such real estate or premises for the purpose of sheltering
persons during an actual or impending disaster, or a mock or practice
disaster response activity, together with his or her successors in
interest, if any, shall not be civilly liable for negligently causing
the death of, or injury to, any person on or about such real estate
or premises under such license, privilege or other permission, or
for negligently causing loss of, or damage to, the property of such
person.
B.
Any private person, firm or corporation and employees and agents
of such person, firm, or corporation in the performance of a contract
with, and under the direction of, the Village under the provisions
of this article shall not be civilly liable for causing the death
of, or injury to, any person or damage to any property except in the
event of willful misconduct.
C.
Any private person, firm or corporation, and any employee or agency of such person, firm or corporation, who renders assistance or advice at the request of the Village shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct. The immunities provided in this Subsection C shall not apply to any private person, firm or corporation, or to any employee or agent of such person, firm or corporation, whose act or omission caused in whole or in part such actual or impending disaster and who would otherwise be liable therefor.
The Village Board, by its annual appropriations ordinance, may
provide for the payment of the salary of the Coordinator and such
other office staff and personnel as may be expressly provided for
in the ordinance. Nothing herein contained shall prohibit any member
of the agency from receiving compensation from the State of Illinois
Emergency Management Agency.
Each person, whether compensated or uncompensated, who is appointed
to serve in any capacity in a department of the Village of Homer Glen
Emergency Management Agency, shall, before entering upon his or her
duties, take an oath.
