[Ord. 203, 7-2-1984; amended by 2003 Code]
A. 
Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from the explosion in the City or in a neighboring municipality of atomic devices or by 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 ensure that the City will be prepared to and will adequately deal with any such disasters, preserve the lives and property of the people of the City 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 65 Illinois Compiled Statutes 5/11-1-6, as amended.
3. 
To provide for the rendering of mutual aid to other cities and political subdivisions in the state 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 the public, the Mayor may declare that a state of emergency exists. These 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 a 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.[1] This statement shall be filed with the City Clerk 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.[2] A subsequent state of emergency may be declared if necessary.
[1]
Editor's Note: See Sections 5-4-2 and 5-4-3 of this Code.
[2]
Editor's Note: See also Section 5-4-5 of this Code.
C. 
It is further declared to be the purpose of this chapter and the policy of the City that all disaster functions of the City 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 City's, state's and nation's manpower, resources and facilities for dealing with any disaster that may occur.
[Ord. 203, 7-2-1984]
Nothing in this chapter shall be construed to:
A. 
Interfere with the course of conduct of a private labor dispute; except, that actions otherwise authorized by this chapter 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 emergency.
C. 
Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of armed forces of the United States, or of any personnel thereof, when on active duty; but state, local and interjurisdictional disaster emergency 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 City Council to exercise any other powers vested in them under the constitution, statutes, or common law of the state, independent of or in conjunction with any provisions of this chapter.
[Ord. 203, 7-2-1984; amended by Ord. 737, 6-16-1997; 2003 Code]
As used in this chapter, unless the context clearly indicates otherwise, the following words and terms shall have the definitions hereinafter ascribed:
DIRECTOR/COORDINATOR
The ESDA director with the duty of carrying out the requirements of this chapter. Throughout this chapter, wherever the terms "director" or "coordinator" shall be used, they shall be construed to be synonymous. The ESDA director shall normally be referred to as the "emergency services disaster agency director" or the "ESDA director".
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, oil spill or other water contamination, requiring emergency action to avert danger, epidemic, air contamination, blight, drought, infestation, explosion, riot, unlawful strike, or hostile military or paramilitary action. "Disaster" includes, but is not limited to, all occurrences and threats thereof which are contemplated by the concept of emergency services and disaster operations.
DISASTER OPERATIONS
The functions created in accordance with the provisions of this chapter to be performed by the City in cooperation with other political subdivisions to alleviate the effects of disaster.
EMERGENCY SERVICES
The preparation for and 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, firefighting services, police services, medical and health services, rescue, engineering, air raid 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 the preparation for and carrying out of the foregoing functions.
POLITICAL SUBDIVISION
Any county, City, village, or incorporated town.
UNITED STATES
The several states, the District of Columbia and the Panama Canal Zone.
[Ord. 203, 7-2-1984]
A. 
Agency Created; Composition:
1. 
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 Council, and shall serve at the pleasure of the Mayor.
2. 
The City emergency services and disaster agency shall obtain, with Council approval, such technical, clerical, stenographic and other administrative personnel, and may make such expenditures within its budget therefor as may be necessary to carry out the purpose of this chapter.
[Amended by 2003 Code]
B. 
Coordinator:
1. 
The coordinator, subject to the direction and control of the Mayor, shall be the executive head of the City emergency services 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 the City. He shall coordinate the activities of all organizations for emergency services and disaster operations within the City and shall maintain liaison and cooperate with the civil defense and disaster agencies and organization of McLean County, other counties and municipalities, and of the federal and state governments.
2. 
In the event of the absence, resignation, death or inability to serve of 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 chapter.
C. 
Agency Powers And Duties:
1. 
The City emergency services and disaster agency shall take an integral part in the development and revision of local and interjurisdictional disaster plans. In the development of local and interjurisdictional disaster plans, the municipal emergency services and disaster agency shall interrelate with business, labor, industry, agriculture, civic and volunteer organizations, and community leaders.
2. 
The City emergency services and disaster agency shall:
a. 
Determine the requirements of the City for food, clothing and other necessities in the event of an emergency;
b. 
Promulgate standards and requirements for local and interjurisdictional disaster plans;
c. 
Periodically review local and interjurisdictional disaster plans;
d. 
Establish a register of persons with types of training and skills in emergency prevention, preparedness, response and recovery;
e. 
Establish a register of mobile and construction equipment, and temporary housing available for use in a disaster;
f. 
Prepare, for issuance by the Mayor, ordinances, proclamations and regulations as necessary or appropriate in coping with disasters;
g. 
Cooperate with the federal, state and county governments and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response and recovery;
h. 
Initiate and coordinate planning for:
(1) 
The establishment of an emergency operating center.
(2) 
The implementation of a 911 system.
i. 
All other things necessary, incidental or appropriate for the implementation of this chapter.
[Ord. 203, 7-2-1984]
A. 
Powers And Duties:
1. 
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 chapter.
2. 
In performing his duties under this chapter, 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 chapter.
3. 
In performing his duties under this chapter, the Mayor is further authorized:
a. 
To make, amend and rescind all lawful necessary orders, rules and regulations of the local disaster plan to carry out the provisions of this chapter within the limits of the authority conferred upon him.
b. 
To cause to be prepared a comprehensive plan and program for the emergency services and disaster preparedness, response and recovery of the City, which plan and program 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 may include:
(1) 
Prevention and minimization of injury and damage caused by disaster.
(2) 
Prompt and effective response to disaster.
(3) 
Emergency relief.
(4) 
Identification of areas particularly vulnerable to disasters.
(5) 
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.
(6) 
Assistance to local officials in designing local emergency action plans.
(7) 
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.
(8) 
Preparation and distribution to the appropriate municipal officials of a municipal catalog of federal, state and private assistance programs.
(9) 
Organization of municipal manpower and chains of command.
(10) 
Coordination of federal, state and local disaster activities.
(11) 
Other necessary matters.
[Ord. 203, 7-2-1984]
c. 
In accordance with such plan and program for the emergency services and disaster preparedness, response and recovery of the City, and out of funds budgeted 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 ensure the furnishing of adequately trained and equipped forces for disaster operations.
d. 
Out of funds budgeted for such purposes, to make such studies and surveys of the industries, resources and facilities in the City as may be necessary to ascertain the capabilities of the City for disaster operations and disaster preparedness, response and recovery, and to plan for the most efficient emergency use thereof.
[Amended by 2003 Code]
4. 
The Mayor is authorized to designate space in a municipal building or elsewhere for the emergency services and disaster agency as its office.
B. 
Succession: In the event of the death, absence from the City, or other disability of the Mayor preventing him from acting under this chapter or for any other municipal purpose, and until the office is filled in the manner prescribed by law, the coordinator of emergency services and disaster agency shall succeed to the duties and responsibilities of the Mayor.
[Ord. 254, 11-4-1985]
All or any members of the emergency services and disaster agency organization of the City may be designated as members of a mobile support team created by the director of emergency services and disaster agency for the state as may be provided by law. The leader of the mobile support team shall be designated by the coordinator of the City emergency services and disaster agency.
[Ord. 203, 7-2-1984; amended by Ord. 254, 11-4-1985; 2003 Code]
A. 
The City Council, by its annual budget, 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 budget. Nothing herein contained shall prohibit any member of the agency from receiving compensation from the state disaster agency under any provisions of that agency.
B. 
Members of the City emergency services and disaster agency who are paid employees or officers of the City, if called for training by the director of emergency services and disaster agency for the state, shall receive for the time spent in such training the same rate of pay as is attached to the position held under the City emergency services and disaster agency. Members who are not employees or officers of the City shall receive for such training time such compensation as may be established by the City Council. Any member of a mobile support team who is a City employee or officer while serving on call to duty by the governor of the state, or the director of the emergency services and disaster agency for the state, shall receive 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 such compensation as may be provided by law. The City may receive from the state Treasurer and allocate to the appropriate fund any reimbursement by the state to the City for expenses incident to training members of the emergency services and disaster agency as may be prescribed by the state director of the emergency services and disaster agency, compensation for services and expenses of members of the mobile support team while serving outside the City, and any other reimbursement made by the state incident to emergency services and disaster agency activities as may be provided by law.
[Ord. 203, 7-2-1984]
Each person, whether compensated or noncompensated, who is appointed to serve in any capacity in a department of the City emergency services and disaster agency shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in the City, which oath shall be filed with the coordinator of the City 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 now 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 City emergency services and disaster 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.
[Ord. 203, 7-2-1984; amended by 2003 Code]
A. 
Declaration:
1. 
A local disaster emergency may be declared only by the Mayor or City Council. If declared by the Mayor, it shall not be continued for a period in excess of 13 days except by or with the consent of the City Council. 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 City Clerk.
2. 
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 interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.
3. 
No interjurisdictional agency or official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions.
B. 
Suspension Of City Rules And Regulations: 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,[1] 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"[2]; provided, that if the City Council meets at such time, he shall act subject to the directions and restrictions imposed by the City Council.
[1]
Editor's Note: See Section 5-4-2 of this Code.
[2]
Editor's Note: See 20 ILCS 3305/1 et seq.
[Ord. 203, 7-2-1984]
A. 
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 the state for reciprocal disaster assistance in case of disaster too great to be dealt with unassisted, which arrangements 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 until filed with and approved in writing by the state director. Such arrangements shall be consistent with the state emergency services and disaster operations plan and program, and in the event of such a disaster as described in Section 2-1-3 of this chapter, it shall be the duty of each local and interjurisdictional department for emergency services and disaster operations to render assistance in accordance with the provisions of such mutual aid arrangements.
B. 
Assistance: If such disaster as is described in Section 2-1-3 of this chapter occurs in the City, and the services of persons who are competent to practice any profession, trade or occupation are required in the City to cope with the disaster situation, and it appears that the number of persons licensed or registered in the City 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 the City pursuant to the order of the head of that political subdivision and upon the request of the City, or if otherwise requested so to do by the Mayor or the coordinator of the City, during the time the disaster condition continues, practice such profession, trade or occupation in the City without being licensed or registered in the City.
[Ord. 203, 7-2-1984; amended by 2003 Code]
The City 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 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 City Administrator as may be appropriate.
[Ord. 737, 6-16-1997]
A. 
City Of Le Roy: The City, the emergency services and disaster agency, and the officers, agents, employees, and representatives of the City, and members of the City emergency services and disaster agency are not liable for the death or any injury to persons or damage to property as a result of their emergency management response or recovery activities done in compliance with this chapter or in compliance with the Illinois emergency management agency act (as amended[1]) and the rules and regulations promulgated thereunder, except in cases of wilful negligence or misconduct. This section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under the Illinois emergency management agency act, under the worker's compensation act,[2] or under the worker's occupational diseases act,[3] 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.
[Amended by 2003 Code]
[1]
Editor's Note: See 20 ILCS 3305/1 et seq.
[2]
Editor's Note: See 820 ILCS 305/1 et seq.
[3]
Editor's Note: See 820 ILCS 310/1 et seq.
B. 
Real Estate Owners: 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 disaster training exercise, 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 premises under such license, privilege, or other permission, or for negligently causing loss of, or damage to, the property of such person.
C. 
Contract Holders: Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, in the performance of a contract with, and under the direction of, the state, the county, or the county ESDA, or the City, or the City ESDA, under the provisions of the Illinois emergency management agency act (as amended), 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 wilful misconduct.
[Amended by 2003 Code]
D. 
Persons Providing Assistance:
1. 
Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, who renders assistance or advice at the request of the state, county, county ESDA, or the City or City ESDA, during an actual or impending disaster, 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 wilful misconduct.
2. 
The immunities provided in Subsection D1 of this section 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.
[Ord. 203, 7-2-1984]
A. 
Intent Of City:
1. 
It is the intent of the City Council and declared the policy of the City that every effort shall be made to provide funds for disaster emergencies.
2. 
It is the City Council's intent that the first recourse shall be to funds regularly budgeted to the agency. If the City Administrator finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, he may make application for funds from the state disaster relief fund. If monies available from the fund are insufficient, and if the City Administrator 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 City Council for the purpose of enacting ordinances as the Council may deem necessary to transfer and expend monies budgeted 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 Council is capable of convening in session to enact such ordinances for the transfer, expenditure or loan of such monies, the Mayor is authorized to carry out those decisions until such time as a quorum of the Council can convene.
3. 
Nothing contained in this subsection shall be construed to limit the Mayor's authority to apply for, administer or expend grants, gifts, or payments in aid of disaster prevention, preparedness, response or recovery.
B. 
Budget; Levy Of Tax: The City Council may budget for emergency services and disaster operations in the manner provided by law for budgeting for the ordinary expenses of such political subdivision. The Council 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 City 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.
[Amended by 2003 Code]
C. 
Acceptance Of Services, Gifts, Grants Or Loans: Whenever the federal or state governments, or any agency or officer thereof, or whenever any person, firm or corporation shall offer to the City services, equipment, supplies, materials or funds by way of gift or grant for purposes of emergency services and disaster operations, the City, acting through the Mayor and through its Council, may accept such offer and, upon such acceptance, the Mayor or the Council may authorize any City officer to receive such services, equipment, supplies, materials or funds on behalf of the City.
[Ord. 203, 7-2-1984]
A. 
Provisions Filed; Effect: 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 chapter in the office of the City 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 Section 2-1-9 of this chapter, the provision relating to the effective date of any rule, regulation, order or amendment issued pursuant to this chapter 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 City Clerk, accompanied by a certificate stating the reason for the emergency.
B. 
Enforcement: The City emergency services and disaster agency established pursuant to this chapter, 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.
[Amended by 2003 Code]
C. 
Copies Available: The City 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 services and disaster agency shall furnish such orders, rules and regulations to the agency.
[Ord. 203, 7-2-1984]
In carrying out the provisions of this chapter, 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 City 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.
[Ord. 203, 7-2-1984]
When in the judgment of the Mayor or City Council, as provided herein in Subsection 2-1-9A of this chapter, a local disaster emergency requires the termination or reduction of electrical service, the Mayor or City Council shall forthwith declare in writing the existence of the emergency condition and order the termination or reduction.
[Ord. 203, 7-2-1984; amended by 2003 Code]
Any person convicted of violating this chapter or any order hereunder shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code.