(A)
Because of the possibility of the occurrence of disasters of unprecedented
size and destructiveness resulting from the explosion in this or in
a neighboring municipality of atomic or other means from without,
or by means of sabotage or other disloyal actions within, or from
fire, flood, earthquake, or other natural or man-made causes, and
in order to insure that this municipality will be prepared to and
will adequately deal with any such disasters, preserve the lives and
property of the people of this municipality 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 services and disaster agency;
(2)
To confer upon the Mayor the extraordinary power and authority set forth under Article I of this chapter.
(3)
To provide for the rendering of mutual aid to other cities and
political subdivisions with respect to the carrying out of emergency
services and disaster operations.
(B)
Whenever the Mayor determines after an investigation that a dangerous
situation or a potentially dangerous situation exists which could
cause death to individuals or serious injury to property or the health
and welfare of public, the Mayor may declare that a state of emergency
exists. The extraordinary powers may not be exercised until an ordinance
shall have been adopted which shall establish standards for the determination
by the Mayor of when the state of emergency exists and shall provide
that the Mayor may not exercise such extraordinary power and authority
except after signing under oath a statement finding that such standards
have been met, setting forth facts to substantiate such findings,
describing the nature of the emergency and declaring that a state
of emergency exists. This statement shall be filed with the Clerk
of the municipality as soon as practical. A state of emergency shall
expire not later than the adjournment of the first regular meeting
of the corporate authorities after the state of emergency is declared.
A subsequent state of emergency may be declared if necessary.
(C)
It is further declared to be the purpose of this Code and the policy
of the municipality that all emergency management programs of this
municipality 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 nation's manpower, resources,
and facilities for dealing with any disaster that may occur.
Nothing in this Code shall be construed to:
(A)
Interfere with the course or conduct of a private labor dispute,
except that actions otherwise authorized by this Code 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 Mayor 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 Code.
As used in this article, unless the context clearly indicates
otherwise, the following words and terms shall have the definitions
hereinafter ascribed:
The staff assistant to the Mayor with 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, air contamination,
blight, extended periods of severe and inclement weather, drought,
infestation, explosion, critical shortages of essential fuels and
energy, riot, or hostile military or paramilitary action.
The efforts of this municipality to develop, plan, analyze,
conduct, implement and maintain programs for disaster mitigation.
The written plan of the municipality describing the organization,
mission and functions of the government and supporting services for
responding to and recovery from disasters.
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 including,
without limitation, firefighting 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 or property.
Any county, city, village, or incorporated town.
(A)
There is hereby created an Emergency Services And Disaster Agency
and a Coordinator of the Emergency Services And Disaster Agency, herein
called the "Coordinator," who shall be the head thereof. The Coordinator
shall be appointed by the Mayor with the advice and consent of the
Board. He shall serve at the pleasure of the Mayor.
(B)
The Emergency Services and Disaster Agency shall obtain, with Board
approval, such technical, clerical, stenographic and other administrative
personnel, and may make such expenditures within their appropriation
therefor as may be necessary to carry out the purpose of this Code.
(C)
The Coordinator, subject to the direction and control of the Mayor,
shall be the executive head of the Municipal Emergency Service and
Disaster Agency, and shall be responsible under the direction of the
Mayor for carrying out the program for emergency services and disaster
operations of this municipality. He shall coordinate the activities
of all organizations for emergency services and disaster operations
within this municipality and shall maintain liaison, and cooperate
with, the civil defense and emergency management agencies and organization
of the county, other counties and municipalities, and of the federal
and state government. In the event of the absence, resignation, death,
or inability to serve by the Coordinator, the Mayor or any persons
designated by him shall be and act as Coordinator until a new appointment
is made as provided in this Code.
(D)
The Municipal Emergency Services and Disaster Agency shall take an
integral part in the development and revision of the local emergency
operations plan.
(E)
In the development of the emergency operations plan, the Municipal
Emergency Services And Disaster Agency shall interrelate with business,
labor, industry, agriculture, civic and volunteer organizations, and
community leaders.
(F)
The Municipal Emergency Services and Disaster Agency shall:
(1)
Determine the requirements of the municipality 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;
(3)
Biannually review and revise the local emergency operations
plan;
(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 Mayor, 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 Code and in implementing programs for disaster prevention, preparation,
response and recovery;
(9)
Do all other things necessary, incidental or appropriate for
the implementation of this Code.
(A)
The Mayor shall have the general direction and control of the Emergency
Services And Disaster Agency, and shall be responsible for the carrying
out of the provisions of this article.
(B)
In performing his duties under this article, the Mayor 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 defined in this Code.
(C)
In performing his duties under this article, the Mayor is further
authorized:
(1)
To make, amend and rescind all lawful necessary orders, rules
and regulations of the local disaster plan to carry out the provisions
of this article within the limits of the authority conferred upon
him.
(2)
To cause to be prepared a comprehensive plan and program for
the emergency management of this municipality which plan and program
shall be integrated into and coordinated with disaster plans of the
state and federal governments and other political subdivisions, and
which plan and program may 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)
Other necessary matters.
(3)
In accordance with such plan and program for the emergency management
of this municipality, and out of funds appropriated for such purposes,
to procure and preposition 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 insure 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 this municipality
as may be necessary to ascertain the capabilities of the municipality
for the emergency management phases of preparedness, response, and
recovery, and to plan for the most efficient emergency use thereof.
(D)
The Mayor is authorized to designate space in a municipal building,
or elsewhere for the emergency services and disaster agency as its
office.
(A)
It is the intent of the Village Board and declared to be the policy
of the municipality 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 Mayor finds
that the demands placed upon these funds in coping with a particular
disaster are unreasonably great, and the Governor has proclaimed the
municipality a disaster, he may make application for funds from the
State Disaster Relief Fund. If monies available from the fund are
insufficient, and if the Mayor finds that other sources of money to
cope with the disaster are not available or are insufficient, he 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
borrow monies from the United States government or other public or
private sources. If less than a quorum of the members of the Village
Board is capable of convening in session to enact such ordinances
for the transfer, expenditure or loan of such monies, the Mayor is
not authorized to carry out those decisions until such time as a quorum
of the Village Board can convene.
(C)
Nothing contained in this section shall be construed to limit the
Mayor'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 may be declared only by the Mayor or Village
Board. If declared by the Mayor, it shall not be continued for a period
in excess of seven days except by or with the consent of the Village
Board. Any order or proclamation declaring, continuing or terminating
a local disaster emergency shall be given prompt and general publicity,
and shall be filed promptly with the Municipal Clerk.
(B)
The effect of a declaration of a local disaster emergency is to activate
any and all applicable local emergency operations plans and to authorize
the furnishing of aid and assistance thereunder.
(C)
During a local disaster emergency, the Mayor may suspend the provisions
of any municipal ordinance prescribing procedures for the conduct
of municipal business, or the orders, rules and regulations of any
municipal 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,[1] provided that, if the Village Board meets at such time,
he shall act subject to the directions and restrictions imposed by
that body.
[1]
Editor's Note: See 20 ILCS 3305/1 et seq.
The testing of disaster devices including outdoor warning sirens
shall be held only on the first Tuesday of each month at 10:00 in
the morning.
The coordinator for emergency services and disaster operations may, in collaboration with other public agencies within his immediate vicinity, develop or cause to be developed mutual aid arrangements with other political subdivisions, municipal corporations or bodies politic within this state 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 each of such 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 state director. Such arrangements shall be consistent with the state and local emergency management operations plan and program, and in the event of such disaster as described in § 30-3-3 of this chapter, it shall be the duty of each local and department for emergency services and disaster operations to render assistance in accordance with the provisions of such mutual aid arrangements.
The local Emergency Services and Disaster Agency shall ascertain
what means exist for rapid and efficient communications in times of
disaster emergencies. The agency 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 Mayor as appropriate.
Neither the municipality, the agency or any member thereof or
any person acting at their 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 regulation
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 would otherwise be entitled
under this act under the Worker's Compensation Act or the Worker's
Occupational Diseases Act,[1] 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.
[1]
Editor's Note: See 820 ILCS 305/1 et seq., and 820 ILCS 310/1
et seq., respectively.
If such disaster as is described in § 30-3-3 occurs in this municipality and the services of persons who are competent to practice any profession, trade or occupation are required in this municipality to cope with the disaster situation and it appears that the number of persons licensed or registered in this municipality 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, if a member of another political subdivision rendering aid in this municipality pursuant to the order of the head of that political subdivision and upon the request of the municipality, or if otherwise requested so to do by the Mayor or the coordinator of this municipality, during the time the disaster condition continues, practice such profession, trade or occupation in this municipality without being licensed or registered in this municipality.
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. The Village
Board may also levy for emergency services and disaster operations
a tax not to exceed 0.05% of the full, fair cash value as equalized
or assessed by the Department of Revenue on all taxable property in
the municipality for the current year. However, the amount collectible
under such a levy shall in no event exceed $0.25 per capita. The annual
tax shall be in addition to and in excess of the amount authorized
to be levied for general corporate purposes.
Whenever the federal or state governments, or any agency or
officer thereof, or whenever any person, firm or corporation shall
offer to the municipality services, equipment, supplies, materials
or funds by way of gift or grant for purposes of emergency management,
the municipality, acting through the Mayor or through its Village
Board, may accept such offer and upon such acceptance the Mayor or
the Village Board may authorize any officer of the municipality to
receive such services, equipment, supplies, materials or funds on
behalf of the municipality.
(A)
The Mayor shall file a copy of every rule, regulation or order and any amendment thereof made by him pursuant to the provisions of this article in the office of the Municipal 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 Mayor as is described in § 30-3-7, 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 Municipal Clerk, accompanied by a certificate stating the reason for the emergency.
(B)
The Emergency Services and Disaster 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
local Emergency Services and Disaster 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 Management
Agency shall furnish such orders, rules and regulations to the agency.
In carrying out the provisions of this article, the Mayor and
the coordinator of the emergency services and disaster agency are
directed to utilize the services, equipment, supplies and facilities
of existing departments, offices and agencies of the municipality
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 services and disaster agency.
If any provision of this article or the application thereof
to any person or circumstances be held invalid, such invalidity shall
not affect such other provisions or applications of the article which
can be given effect without the invalid provision or application,
and to this end the provisions of this article are hereby declared
to be severable.
(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 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 municipality under the provisions
of this Code, shall not be civilly liable for causing 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 municipality 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 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 therefore.
In the event of the death, absence from the municipality or
other disability of the Mayor preventing him from acting under this
article or for any other municipal purpose, and until the office is
filled in the manner prescribed by law, the Coordinator of the Emergency
Services And Disaster Agency shall succeed to the duties and responsibilities
of the Mayor.
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 this article. Nothing herein contained shall prohibit any member
of the Agency from receiving compensation from the State of Illinois
Emergency Management Agency under any provisions of that agency.
Each person, whether compensated or noncompensated, who is appointed
to serve in any capacity in the municipal Emergency Service and Disaster
Agency shall, before entering upon his duties, take an oath, in writing,
before the Coordinator of the municipal Emergency Service and Disaster
Agency before a person authorized to administer oaths in this municipality,
which oath shall be filed with the coordinator of the Emergency Services
and Disaster Agency, and which oath shall be substantially as follows:
"I, __________, do solemnly swear (or affirm) that I will support
and defend and bear true faith and allegiance to the Constitution
of the United States and the Constitution of the State of Illinois,
and the territory, institutions and facilities thereof, both public
and private, against all enemies, foreign and domestic; that I take
this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter. And I do further swear (or affirm)
that I do not advocate, nor am I, nor have I been a member of any
political party or organization that advocates the overthrow of the
government of the United States or of this state by force or violence;
and that during such time I am affiliated with the Village, I will
not advocate nor become a member of any political party or organization
that advocates the overthrow of the government of the United States
or of this state by force or violence."
(A)
Declaration of Emergency Condition. When, in the judgment of the Mayor or Village Board, as provided herein in § 30-3-7(A), a local disaster emergency requires the termination or reduction of electrical service, the Mayor or Village Board shall forthwith declare in writing the existence of the emergency condition and order the termination or reduction.
Any person convicted of violating this article or any order
thereunder shall be punished by a fine of not exceeding $750.