HISTORY[1]
[1]
Editor's Note: This chapter was amended 3-27-2020 by Ord. No. 2020-17 to update titles and
nomenclature. This ordinance: 1) changed the chapter title from "Civil
Defense" to "Emergency Management"; 2) changed all agency titles from
"Emergency Services and Disaster Agency" to "Emergency Management
Agency"; 3) changed the abbreviation "E.S.D.A." to "EMA"; and updated
all statutory references from the "State E.S.D.A. Act of 1975" to
the "Illinois Emergency Management Agency Act."
A.
The purpose of this Ordinance is to create
the City of Bloomington Emergency Management Agency to be known as
Bloomington EMA. There is thus hereby created the Bloomington Emergency
Management Agency whose purpose is to prevent, minimize, repair, and
alleviate any injury or damage resulting from disaster caused by enemy
attack, sabotage, or other hostile action, or from any natural or
man-made disaster as defined in and in accordance with "The Illinois
Emergency Management Agency Act."
B.
Bloomington EMA shall consist of the Director/Coordinator
and such additional members as may be appointed by the Mayor of Bloomington
and approved by a majority vote of the City Council.
[Ord. No. 1981-48]
A.
The Director/Coordinator of Bloomington
EMA shall be appointed by the City Manager. The Director/Coordinator
shall have direct responsibility for the organization, administration,
training and operation of the Bloomington EMA subject to the direction
and control of the City Manager as provided by statute.
B.
In the event of the absence, resignation,
death, or inability of the Director/Coordinator to serve in this function,
the City Manager or any person designated by him shall be and act
as Director/Coordinator until a new appointment is made. The Director/Coordinator
shall prepare a Comprehensive Plan and program for disaster preparedness,
emergency response, utilization of resources, and recovery of Bloomington
from any disaster emergency. This Comprehensive Plan shall be tested,
revised, and coordinated with the State and Federal government as
required.
Bloomington EMA shall perform such
functions within the City as shall be prescribed by State Emergency
Management Agency plan and program prepared by the Governor of the
State of Illinois, and such orders, rules and regulations as may be
promulgated by the Governor, and in addition shall perform such duties
outside the corporate limits as may be required pursuant to any Mutual
Aid Agreement with any other political subdivision, municipalities
or quasi-municipality entered into as provided by the Illinois
Emergency Management Agency Act.
A.
All or any members of the City organization
may be designated as members of a Mobile Support Team created by the
Director of the State EMA as provided by law.
B.
The leader of such Mobile Support Team
shall be designated by the Director/Coordinator of the Bloomington
EMA organization.
C.
Any member of a Mobile Support Team who
is a City employee or officer while serving on call to duty to the
Governor, or the State Director, shall receive the compensation and
have the powers, duties, rights and immunities incident to such employment
or office. Any such member who is not a paid officer or employee of
the City, while so serving, shall receive from the State reasonable
compensation provided by law.
[Ord. No. 1981-48]
The Director/Coordinator of EMA may
negotiate Mutual Aid Agreements with other counties or political subdivisions
of the State, but no such Agreement shall be effective until it has
been approved by the City Council and by the State Director of EMA.
The Bloomington Emergency Management
Agency shall ascertain what means exist for rapid and efficient communications
and shall coordinate all available communications resources in times
of Disaster Emergencies. The Agency shall consider the desirability
of supplementing those communication resources with available State
resources or of integrating them into a comprehensive State or State-Federal
Communications System or Network.
If the Governor proclaims that a
disaster or emergency exists or in the event of an actual enemy attack
upon the United States, it shall be the duty of the City EMA to cooperate
fully with the County EMA and with the Governor in the exercise of
emergency powers as provided by law.
Members of the Emergency Management
Agency who are paid employees or Officers of the City, if called for
training by the State Director of EMA, shall receive for the time
spent in such training the same rate of pay as is attached to the
position held; members who are not such City employees or officers
shall receive for such training time such compensation as may be established
by the City Council.
The State Treasurer may receive and
allocate to the appropriate fund any reimbursement by the State to
the City for expenses incident to training members of the EMA prescribed
by the State Director of EMA, compensation for services and expenses
of members of the mobile support team while serving outside Bloomington,
and any other reimbursement made by the State incident to EMA activities
as provided by law.
A.
The Director/Coordinator of EMA is authorized
to make purchases or enter into contracts necessary to place the City
in a position to combat effectively any disaster resulting from the
explosion of any nuclear or other bomb or missile and to protect public
health and safety, protect property, and provide emergency assistance
to victims in the case of any disaster. Said purchases or entry into
contracts can only be done upon the approval of a majority of the
Bloomington City Council.
B.
In the event of enemy-caused, man-made
or other natural disaster, the City Director/Coordinator of EMA is
authorized on behalf of the City to procure such services, supplies,
equipment or material as may be necessary for such purposes in view
of the exigency without regard to the statutory procedures or formalities
normally prescribed by law pertaining to City contracts or obligations
as authorized by "The Illinois Emergency Management Agency Act," provided
that if the City Council is meeting at the time of such disaster,
he shall act subject to the directions and restrictions imposed by
that body.
[Ord. No. 1981-48]
A.
Whenever a local disaster emergency exists,
the Mayor, or Acting Mayor, may declare its existence by means of
a written declaration setting forth the facts which constitute the
emergency and shall perform the duties and obligations of Mayor prescribed
in this Division. In the absence of the Mayor, the Acting Mayor may
declare its existence by means of a written declaration setting forth
the facts which constitute the emergency and shall otherwise perform
the duties and obligations of the Mayor until the Mayor returns to
the position of Mayor. Any order or proclamation shall be given prompt
and general publicity and shall be filed promptly with the Bloomington
City Clerk.
(1)
Curfew. After proclamation of a local disaster
emergency by the Mayor or Acting Mayor, he may order a general curfew
applicable to such geographical areas of the City or to the City as
a whole as he deems advisable and applicable during such hours of
the day or night as he deems necessary in the interest of the public
safety and welfare.
[Ord. No. 1981-48]
(2)
Other prohibitions. After the proclamation
of a local disaster emergency, the Mayor or Acting Mayor of the City
of Bloomington may also in the interest of the public safety and welfare,
make any or all of the following orders:
(a)
Order the discontinuance of selling,
distributing, or giving away gasoline or other liquid flammable or
combustible products in any container whatsoever or in other than
a gasoline tank properly affixed to a motor vehicle or in any other
manner related to locations or containers thereof;
(b)
Order the discontinuance of selling,
distributing, dispensing, or giving away of any firearms or ammunition
of any particular type or of all types whatsoever;
(c)
Issue such other orders as are necessary
for the protection of life and property;
(d)
Prohibiting the selling of alcoholic
liquor.
[Ord. No. 1981-48]
(3)
Effective period. Each proclamation herein
authorized shall be effective for a period of 48 hours unless sooner
terminated by a proclamation of the Mayor indicating that the local
disaster emergency no longer exists. The Mayor shall have the power
to reproclaim the existence of a local disaster emergency at the end
of each forty-eight-hour period during the time the said emergency
exists. The Mayor may make no more than two consecutive proclamations
after the initial proclamation without the consent of the City Council.
[Ord. No. 1981-48]
(4)
Public notice. Upon issuing any proclamation
herein authorized, the Fire Chief or any other authorized representative
of the City shall notify local news media and shall cause three copies
of the proclamation declaring the existence of the emergency to be
posted at the following places within the City of Bloomington: City
Hall, Bloomington Public Library, and the Post Office.
[Ord. No. 1981-48]
(5)
The effect of a declaration of a local
disaster emergency is to activate the response and recovery aspects
of any and all applicable local or inter-jurisdictional disaster emergency
plans and authorize the furnishing of aid and assistance thereunder.
[Ord. No. 1981-48]
Every person appointed to serve in
any capacity in the City EMA organization shall before, entering upon
his duties, subscribe the following oath which shall be filed with
the Director/Coordinator:
"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 a political party or organization that advocates the overthrow
of the government of the United States or of this State by force or
violence; that during such time as I am affiliated with the Bloomington
Emergency Management Agency, 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."
The Mayor of Bloomington is authorized
to designate space in a City building or elsewhere as may be provided
for by the City Council for the Bloomington Emergency Management Agency
as its office.
[Ord. No. 1976-115]
The City Council may make an appropriation
for EMA purposes in the manner provided by law, and may levy an additional
for EMA purposes only, a tax not to exceed $0.05 per $100 of assessed
value of all taxable property in addition to all other taxes, as provided
by "The Illinois Emergency Management Agency Act." However, that amount
collectible under such levy shall in no event exceed $0.25 per capita.
