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:
COORDINATOR
The staff assistant to the Mayor with the duty of carrying
out the requirements of this article.
DISASTER
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.
EMERGENCY MANAGEMENT
The efforts of this municipality to develop, plan, analyze,
conduct, implement and maintain programs for disaster mitigation.
EMERGENCY OPERATIONS PLAN
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.
EMERGENCY SERVICES
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.
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, 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 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.
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.
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."
Any person convicted of violating this article or any order
thereunder shall be punished by a fine of not exceeding $750.