[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The following words, terms and phrases, when used in this article,
shall have the meanings indicated in this section, except where the
context clearly indicates a different meaning:
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, epidemic, or man-made calamity, including
outbreak of disease, flood, conflagration, cyclone, tornado, earthquake
or explosion, or eminent threat of any of those events within the
corporate limits of the Village, resulting in or threatening 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.
A prohibition against any person walking, running, loitering,
standing or motoring upon any alley, street, highway, public property
or vacant premises within the corporate limits of the Village, except
officials of any governmental unit and persons officially designated
to duty with reference to said civil emergency.
Whenever an emergency as defined in § 30-1-1 of this article exists, the Mayor is authorized to declare the existence of a local state of emergency by means of a written declaration of the Mayor, under oath, setting forth the facts which constitute the emergency, describing the nature of the emergency and declaring that a local state of emergency exists in accordance with the definitions set forth in this article. This declaration must be filed with the Municipal Clerk as soon as practicable after issuance.
After proclamation of a local state of emergency by the Mayor,
he or she may order a general curfew applicable to such geographical
areas of the Village, or to the Village as a whole, as he or she deems
reasonable and advisable, and applicable during such hours of the
day or night as he or she deems necessary in the interest of the public
safety and welfare.
After the proclamation of a local state of emergency, the Mayor
may also, in the interest of public safety and welfare, and to address
this issues caused threatened by the emergency, make take any or all
of the following actions by executive order during the state of emergency:
(A)
All actions reasonably necessary to respond to the emergency;
(B)
Approve previously appropriated expenditures of the Village for the
purpose of continuing the operations of the municipality;
(C)
In the event the local state of emergency extends beyond the current
fiscal year and a new budget has not been approved, the Mayor shall
be authorized to approve new spending by the Village during the existence
of the local state of emergency;
(D)
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;
(E)
Order
the discontinuance of the sale of alcoholic liquor by any wholesaler
or retailer;
(F)
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;
(G)
Order
the discontinuance of selling, distributing, dispensing or giving
away of any firearms or ammunition of any character whatsoever.
The declaration herein authorized shall be effective or until
the adjournment of the next regular or special meeting of the Board
of Trustees of the Village, unless sooner terminated by a proclamation
of the Mayor or his or her interim emergency successor indicating
that the civil emergency no longer exists. The Mayor or his or her
interim emergency successor shall have the power to reproclaim the
existence of an emergency during the time said emergency exists.
Upon issuing the proclamation herein authorized, the municipal
clerk shall notify the news media situated within the Village, and
shall cause at least four copies of the proclamation declaring the
existence of the emergency and any curfew to be posted at the following
places within the Village: the Village hall, the police station, the
post office, and in the area of any curfew.
Nothing contained in this article shall be construed to impair
the powers contained in this Code giving powers to the Police and
Fire Departments, but shall be construed together with existing ordinances
now in effect for the safety and welfare of the citizens of the Village.
