[Ord. 204, 7-2-1984]
The City of Le Roy and the geographical area located within
the corporate limits of the City of Le Roy.
A riot or unlawful assembly characterized by the use of actual
force or violence or any threat to use force if accompanied by immediate
power to execute such force by three or more persons acting together
without authority of law.
Any natural disaster or man-made calamity including flood, conflagration,
cyclone, tornado, earthquake or explosion within the corporate limits
of the City of Le Roy resulting in the death or injury of persons
or the destruction of property to such an extent that extraordinary
measures must be taken to protect the public health, safety and welfare.
A prohibition against any person or persons walking, running,
loitering, standing or motoring upon any alley, street, highway, public
property or vacant premises within the corporate limits of the City
during the hours in which a curfew has been imposed, excepting persons
officially designated to duty with reference to said civil emergency.
[Ord. 204, 7-2-1984; amended by 2003 Code]
The Mayor of the City is hereby granted extraordinary powers
and authority to exercise, by executive order, such of the powers
of the corporate authorities as may be reasonably necessary to protect
the public health, safety and welfare during a civil emergency, and
to respond to a civil emergency. Such extraordinary powers and grant
of authority shall include, but not by way of limitation, the following:
A.
Imposition of a general curfew applicable to such geographical areas
of the City or to the City as a whole as the Mayor deems advisable
and applicable during such hours of the day or night as the Mayor
shall deem necessary in the interests of the public safety and welfare.
B.
Order the closing of all retail liquor stores.
C.
Order the closing of all taverns.
D.
Order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating liquor and/or beer is permitted.
E.
Order the discontinuance of the sale of beer.
F.
Order the discontinuance of the sale, distribution or giving away
of gasoline or other liquid flammable or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle.
G.
Order the closing of gasoline stations and other establishments,
the chief activity of which is the sale, distribution or dispensing
of liquid flammable or combustible products.
H.
Order the discontinuance of the sale, distribution, dispensation
or giving away of any firearms or ammunition of any character whatsoever.
I.
Order the closing of any or all establishments or portions thereof,
the chief activity of which is the sale, distribution, dispensing
or giving away of firearms and/or ammunition.
J.
Order that no person shall consume any alcoholic beverages in a public
street or place which is publicly owned or in any motor vehicle driven
or parked thereon which is within the duly designated restricted area.
K.
Order that no person shall carry or possess any rock, bottle, club,
brick, or weapon, who uses or intends to use the same unlawfully against
the person or property of another.
L.
Order that no person shall make, carry, possess or use any type of
"molotov cocktail", gasoline based or petroleum based firebomb or
other incendiary missile.
M.
Order that no person shall enter any area designated by the Mayor
as a restricted area unless in the performance of official duties
or with written permission from the Mayor or his duly designated representative;
or such person shall prove residence therein.
N.
Issue such other orders as are imminently necessary for the protection
of the life and property of the residents of the City.
[Ord. 204, 7-2-1984]
When, in the judgment of the Mayor, a "civil emergency" as defined
herein is deemed to exist, the Mayor shall forthwith issue a statement
in writing, under oath, and executed by him, finding that such civil
emergency exists in accordance with standards hereinafter set forth,
which statement shall also set forth facts to substantiate such findings,
describe the nature of the emergency, and declare that a state of
emergency exists within the City, or within a particular geographic
portion of the City. Such statement shall be filed with the City Clerk
as soon as practicable.
[Ord. 204, 7-2-1984; amended by 2003 Code]
A state of civil emergency shall be deemed to exist when any
one or more of the following standards have been met:
A.
When a state of national emergency has been declared by the president
or other lawful authority of the United States government, which state
of emergency shall include the geographic area within which the City
is located.
B.
When a state of emergency shall be declared within the state by the
governor of the state or other lawful authority of the state, which
state of emergency shall be designated to include the geographic area
within which the City is located.
C.
When three or more persons, acting together without authority of
law, and threatening to use force, when accompanied by immediate power
or apparent immediate power to execute such force, or when using actual
force or violence, shall unlawfully assemble or riot within the City
or any geographic portion thereof.
D.
When any flood, cyclone, tornado or earthquake condition shall have
been declared by the lawful authorities of the McLean County government,
or by the McLean County emergency services and disaster agency coordinator
or director, or any lawful authority acting on behalf of the McLean
County government officials or McLean County emergency services and
disaster agency coordinator or director, and such condition shall
have been deemed by any of the aforesaid authorities to threaten the
City or any portion thereof.
E.
When any natural disaster or man-made calamity within the corporate
limits of City shall threaten imminent death or injury to five or
more persons, or the threat of imminent destruction to property within
an area constituting at least two blocks or the equivalent thereof
within the corporate limits of City, and such threat of imminent death
or injury to persons or threat of imminent destruction to property
may reasonably be assumed to threaten the health, safety and welfare
of a greater number of persons within the City, or of all persons
within the City.
[Ord. 204, 7-2-1984; amended by 2003 Code]
A state of emergency declared in accordance with the Title 2, Chapter 2-1, of this Code shall expire not to exceed seven days after said declaration.
[Ord. 204, 7-2-1984]
A state of emergency may be redeclared in accordance with the
provisions of this chapter, or may be extended by appropriate action
of the corporate authorities by ordinance setting forth the reasons
for the continuation of the state of emergency, and setting forth
the powers and authority which the Mayor may exercise, or which the
corporate authorities shall take in response to the state of emergency.
