[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney 7-6-2020 by Ord. No. 2020-08.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 2, but was
renumbered to maintain the organization of the Code.
For the purposes of this chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this section:
Shall have the meaning set forth in the Village Code of Ordinances
as they regulate alcohol.
Any attack or series of attacks by an enemy of the United
States causing, or which may cause, substantial damage or injury to
civilian property or persons in the United States in any manner by
sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological,
chemical, bacteriological or biological means or other weapons or
processes, as defined by the Illinois Emergency Interim Executive
Succession Act, 5 ILCS 275/3(d), and as may be hereinafter amended.
A prohibition declared by the Village President during a
state of emergency or disaster against any person or persons (except
officials of any governmental authority acting with respect to a state
of emergency or disaster) being upon any alley, street, highway, parkway,
sidewalk, park, playground, parking lot, public property, other open
private property, or open private land adjacent to any of the foregoing
within the hours specified by the Village President in the proclamation
or declaration establishing such curfew.
An occurrence or threat of widespread or severe damage, injury
or loss of life or property resulting from any natural or technological
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, critical shortages of essential fuels and energy, explosion,
riot, hostile military or paramilitary action, public health emergencies,
or acts of domestic terrorism, as defined by the Illinois Emergency
Management Agency Act, 20 ILCS 3305/4, and as may be hereinafter amended.
The efforts of the state, the Village, and other political
subdivisions of the state to develop, plan, analyze, conduct, provide,
implement and maintain programs for disaster mitigation, preparedness,
response and recovery, as provided by the Illinois Emergency Management
Agency Act, 20 ILCS 3305/4, and as may be hereinafter amended.
The written plan of the Village describing the organization,
mission, and functions of the Village and supporting services for
responding to and recovering from disasters and shall include plans
that take into account the needs of those individuals with household
pets and service animals following a major disaster or emergency,
as defined by the Illinois Emergency Management Agency Act, 20 ILCS
3305/4, as amended.
Gasoline, kerosene, ether or any other liquid which is flammable,
combustible or explosive.
A group of individuals designated as a team by the governor
or director of the Illinois Emergency Management Agency (IEMA) to
train prior to and to be dispatched, if the governor or director of
IEMA so determines, to aid and reinforce the state and political subdivision
emergency management efforts in response to a disaster, as defined
by the Illinois Emergency Management Agency Act, 20 ILCS 3305/4, and
as may be hereinafter amended.
An occurrence or imminent threat of an illness or health
condition that:
Poses a high probability of any of the following harms:
A large number of deaths in the affected population;
A large number of serious or long-term disabilities in the affected
population; or
Widespread exposure to an infectious or toxic agent that poses
a significant risk of substantial future harm to a large number of
people in the affected population, as defined by the Illinois Emergency
Management Agency Act, 20 ILCS 3305/4, and as may be hereinafter amended.
Any riot, rout, affray, disorderly assembly or unlawful assembly
by three or more persons acting together which is determined by the
Village President to be substantially characterized by the use of
actual force or violence or by a clear and present danger of the use
of force and violence against persons or property in the Village or
by the clear and present danger of the use of force and violence so
as to interfere with the lawful and peaceable exercise of rights by
persons within the Village or the lawful and peaceable use of property
within the Village, as authorized by the Illinois Municipal Code,
65 ILCS 5/11-5-2, and as may hereinafter be amended.
A.
Whenever the Village President shall determine that a state of emergency
exists in accordance with the standards of the definition of "state
of emergency" as set forth in this chapter, the Village President
shall have the extraordinary power and authority to exercise by executive
order all such powers of the corporate authorities and other officers
of the Village as may be reasonably necessary or appropriate to respond
to the emergency, provided that prior to exercising any such extraordinary
power and authority, the Village President shall have executed, under
oath, a written declaration of a state of emergency containing the
following:
(1)
A statement of certain facts known to the Village President, either
directly or upon information and belief, which are believed by him/her
to constitute a state of emergency;
(2)
An express declaration that a state of emergency exists; and
(3)
Such further orders and directives as the Village President may deem
necessary or appropriate for the protection of the health, safety,
and general welfare of the public.
As authorized by the Illinois Emergency Management Agency Act,
3305/11, as may be hereinafter amended:
A.
Whenever the Village President shall determine that a disaster exists
within the Village limits and in accordance with the standards of
the definition of "disaster" as set forth in this chapter, the Village
President shall have the extraordinary power and authority to exercise
by executive order all such powers of the corporate authorities and
other officers of the Village as may be reasonably necessary to or
appropriate to eliminate or minimize the dangers arising from the
disaster and for the protection of the health, safety, and welfare
of the public, provided that prior to exercising any such extraordinary
power and authority, the Village President shall have executed under
oath a written declaration of a local disaster containing the following:
(1)
A statement of certain facts known to the Village President, either
directly or upon information and belief, which are believed by him/her
to constitute a local disaster;
(2)
An express declaration that a local disaster exists; and
(3)
Such further orders and directives as the Village President may deem
necessary or appropriate for the protection of the health, safety,
and general welfare of the public.
B.
In the absence of the Village President, the same power and authority stated in Subsection A of this section shall be granted to those persons in the following line of succession:
C.
The effect of the Village President's declaration of a local
disaster is to activate the Village's emergency operations plan
and to authorize the furnishing of aid and assistance thereunder.
As authorized by the Illinois Municipal Code, 65 ILCS 5/11-1-5,
as may be hereinafter amended, concurrently with the execution of
a declaration of a state of emergency or a declaration of a local
disaster as provided under this chapter, or at any time after such
declaration but prior to the expiration thereof, the Village President
may in his/her sole discretion and in the interest of public safety
and welfare make any one or more or all of the following orders:
A.
Order the imposition of a curfew within certain hours specified by
the Village President in the order imposing such curfew;
B.
Order the discontinuance of sale, distribution, dispensing or giving
away of any flammable liquid, except sales of gasoline or fuel oil
delivered directly into a tank permanently affixed to a motor vehicle
or a building;
C.
Order such other safeguards and precautions as are, in the opinion
of the Village President, necessary or appropriate for the protection
of life and property in the Village and for the elimination of such
state of emergency, local disaster, or public health emergency; provided,
however, that such orders shall not supersede the regularly constituted
authority of the Village Administrator, Police Chief, Fire Chief,
or Public Works Director.
A.
As authorized by the Illinois Municipal Code, 65 ILCS 5/11-1-6, and
the Illinois Emergency Management Agency Act, 20 ILCS 3305/11, as
they may hereinafter be amended, as promptly as practicable after
the execution of any order or proclamation by the Village President
declaring, continuing, or terminating a state of emergency or a local
disaster, pursuant to the provisions of this chapter, such declaration
shall be filed with the Village Clerk and published by posting notices
thereof at the following locations and transmitting through the following
media:
(1)
On the outside of the front door of the Village Hall;
(2)
On the outside of the front door of the Village fire stations;
(3)
On the outside of the front door of the United States Post Office
in the Village;
(4)
On the Village's website as is practicable;
(5)
Through social media and other electronic media for broadcast and
publication, if possible; and
(6)
At such other place or places within the Village as the Village President
may in his/her discretion direct.
B.
In addition, the Village President may direct that copies of such
declaration of a state of emergency or local disaster be delivered
as soon as practicable to any newspapers published or circulated within
the Village and to such radio, television and other broadcasting stations,
either within or without the Village as may be reasonably necessary
or appropriate to effect notice of such declaration of a state of
emergency or local disaster to persons within the Village as promptly
as practicable. Nothing contained in this section shall be a condition
to any lawful arrest, prosecution or conviction of any person for
a violation of any provisions of this chapter, provided that the Village
President shall not have arbitrarily or capriciously failed or refused
to publish a declaration of a state of emergency or a local disaster
in accordance with the provisions hereof.
As authorized by the Illinois Municipal Code, 65 ILCS 5/11-1-6,
as may hereinafter be amended, a state of emergency may be declared
terminated at any time by the Village President by a written declaration
executed by the Village President and published in the manner provided
by this chapter, and in any event, a declaration of a state of emergency
shall expire and terminate automatically and without any further act
by the Village President not later than the adjournment of the first
regular meeting of the Village Board of Trustees after execution of
the declaration of emergency; provided, however, that the Village
Board may from time to time thereafter, by motion, extend such state
of emergency and any orders issued by the Village President in connection
therewith until a time fixed in such motion, but not later than:
As authorized by the Illinois Emergency Management Agency Act,
20 ILCS 3305/11, as may hereinafter be amended, any declaration of
a local disaster authorized by this chapter shall be effective for
seven days, at which time the Village Board shall meet in regular
or special session to determine whether or not the local disaster
still exists. If, in the opinion of the majority of the Village Board
the local disaster still exists, the declaration and any order of
the Village President shall continue in effect until the next regular
meeting of the Village Board, unless terminated by a majority vote
at a special meeting called for such purpose. Such declaration shall
not be continued or renewed for a period in excess of seven days except
by or with the consent of the Village Board.
A.
Whenever, due to a declaration of a state of emergency resulting
from the effects of enemy attack or the anticipated effects of a threatened
enemy attack, it becomes imprudent, inexpedient or impossible to conduct
the affairs of local government at the regular or usual place or places
thereof, the corporate authorities may meet at any place within or
outside of the Village limits on the call of the Village President
or any two members of the Village Board, and shall proceed to establish
and designate, by ordinance, resolution, or other manner, alternate
or substitute sites or places as the emergency temporary location
or locations of government where all or any part of the public business
may be transacted and conducted during the emergency situation. Such
sites or places may be within or without the territorial limits of
the Village, provided that the Village has the consent of the public/private
owner, as defined by the Illinois Emergency Government Relocation
Act, 50 ILCS 5/1, and as may hereinafter be amended.
B.
During the period when the public business is being conducted at
the emergency temporary location or locations, the governing body
and other officers of the Village shall have and possess and shall
exercise at such location or locations all of the executive, legislative,
and judicial powers and functions conferred upon such body and officers
by or under the laws of the State of Illinois. Such powers and functions
may be exercised in the light of the exigencies of the emergency situation
without regard to or compliance with time-consuming procedures and
formalities prescribed by law and pertaining thereto, and all acts
of such body and officers shall be valid and binding as if performed
within the territorial limits of the Village, as defined by the Illinois
Emergency Government Relocation Act, 50 ILCS 5/2, and as may hereinafter
be amended.
The Village fire chief of the Sidney Fire Protection District
shall serve as the Village's emergency management coordinator
and, as authorized by the Illinois Emergency Management Agency Act,
20 ILCS 3305/10, as may hereinafter be amended, shall serve as the
Village's liaison officer who shall facilitate the cooperation
and protection of the Village in the work of disaster mitigation,
preparedness, response, and recovery with applicable governmental
bodies, relief services, police and emergency authorities, and any
other organizations. In the event of the absence, resignation, death
or inability of the Village Fire Chief to serve as the emergency management
coordinator and as the liaison officer, in the absence of either the
Village Fire Chief, the same power and authority stated above shall
be granted to those persons listed in the following line of succession:
The liaison officer shall prepare for the corporate authorities
of the Village an emergency operations plan which shall conform to
the tenets of the National Incident Management System and shall serve
as a link between the Village and other local municipalities and the
State of Illinois in disaster response and recovery efforts, as authorized
by the Illinois Emergency Management Agency Act, 20 ILCS 3305/1 et
seq., as may hereinafter be amended.
The Village President or his/her designee shall annually notify
the Illinois Emergency Management Agency of the manner in which the
Village is providing or securing emergency management, identify the
Village's liaison officer and furnish such other information
requested by the Illinois Emergency Management Agency, as authorized
by the Illinois Emergency Management Agency Act, 20 ILCS 3305/10(f),
as may hereinafter be amended.
As authorized by the Illinois Emergency Management Agency Act,
20 ILCS 3305/10(j), as may hereinafter be amended, the Village liaison
officer or the Village Administrator may negotiate new mutual aid
agreements, or revise existing agreements with other municipal corporations
or political subdivisions of the state; however, no such agreement
shall be effective until it has been approved by the Village Board.
However, those mutual aid agreements already in effect shall remain
in effect. The Village liaison officer or the Village Administrator
may negotiate new memorandums of understanding, or revise existing
memorandums of understanding with private entities for the provision
of shelter, goods and services for Village residents during a declaration
of local disaster; however, no such memorandum of understanding shall
be effective until it has been approved by the Village Board. However,
those memorandums of understanding already in effect shall remain
in effect.
In the event of a declaration of a local disaster or public
health emergency, the Village liaison, Village Administrator, and
Village President are authorized, on behalf of the Village, to procure
such shelter, services, supplies, equipment or material as may be
necessary in view of the exigency without regard to statutory procedures
or formalities normally prescribed by law pertaining to Village contracts
or obligations, provided that the Village liaison, Village Administrator
and Village President, where reasonably available, shall all agree
to each act of procurement to be made under this section, as authorized
by the Illinois Emergency Management Agency Act, 20 ILCS 3305/10(j),
as may hereinafter be amended.
A proclamation of disaster by the Governor of Illinois pertaining
to any part of the geographic area of the Village shall activate the
Village's emergency operations plan and authorizes the deployment
and use of any forces that the emergency operations plan applies and
as well as the use or distribution of any supplies, equipment, and
materials and facilities assembled, stockpiled or arranged to be made
available under any mutual aid agreement, memorandum of understanding
or other lawful arrangement relating to disasters, as provided by
the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(11),
as may hereinafter be amended.
As authorized by the Illinois Emergency Management Agency Act,
20 ILCS 3305/8, as may hereinafter be amended, employees and officers
of the Village who are called by the governor or the Director of the
Illinois Emergency Management Agency to serve on a mobile support
team shall receive the compensation and have the powers, duties, rights
and immunities incident to such employment or office. Employees of
the Village who are not normally paid for their services shall receive
at least $1 per year in compensation from the State of Illinois for
serving on a mobile response team when called to do so by the governor
or the Director of the Illinois Emergency Management Agency.
Any person who violates the provisions of any curfew declared
or order made by the Village President pursuant to the provisions
of this chapter shall be guilty of a violation of this chapter and
shall be subject to the appropriate fine and/or imprisonment as provided
by local, state or federal statute.
