[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.
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:
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".
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.
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.
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.
Any county, City, village, or incorporated town.
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;
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.
[Ord. 203, 7-2-1984]
The testing of outdoor warning devices shall be held only on
the first Tuesday of each month at 10:30 a.m. in the morning.
[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]
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.
