VILLAGE OF ADDISON CODE

Chapter 7 Emergencies and Disasters 

Article I. General.

7-1.                Emergency Committee Established.

7-2.                Definitions.

Article II. Emergency Services Disaster Agency.

[Repealed in its entirety by Ordinance No. 0-99-90, 8/16/99.]

Article III.  Civil Emergencies.

7-16.              Declaration of Existence of Civil Emergency.

7-17.              Publication of Proclamation.

7-18.              Effective Period of Proclamation.

7-19.              Curfew.

7-20.              Additional Powers of Mayor Pursuant to Proclamation.


Article I.  General.

Sec. 7-1.          Emergency Committee Established.  [back to top]

An emergency committee is hereby created, to consist of the following members:  The Village Manager, the Chief of Police, a representative from the Board of Trustees, the Chief of the Fire Department, and other committee members as designated by the Village Manager.  Such members shall serve with no set term or expiration of membership.  The Village Manager shall act as liaison to the county, state and federal emergency management agencies.  The emergency committee shall coordinate contingency planning and emergency services and disaster preparedness in the Village.  The emergency committee may negotiate mutual aid agreements with other municipal corporations or political subdivisions of the State, but no such agreement shall be effective until it has been approved by the Village Board. (Ord. 99-90; 00-25)

Sec. 7-2.          Definitions.  [back to top]

For the purposes of this Chapter, the following words or phrases shall have the meanings respectively ascribed to them by this Section: 

Civil emergency means 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 by three (3) or more persons acting together without authority of law or a disaster as defined hereinafter.

Curfew means a prohibition during a civil emergency or disaster against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the Village; except, officials of any governmental unit and persons officially designated to duty with reference to such civil emergency.

Disaster means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, windstorm, cyclone, tornado, earthquake or explosion or incident of air or water contamination within the corporate limits of the Village, requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe or inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, 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 means the functions to be performed by State or local political subdivisions to alleviate the effects of disaster.

Emergency services means 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,  extended periods of severe and inclement weather, or other manmade or natural causes.  These functions include, without limitation, fire fighting services, police services, medical and health services, rescue, engineering, air raid warning services, communications, radiological, chemical and other 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. 

Article II.  Emergency Services Disaster Agency

[Repealed in its entirety by Ordinance No. 0-99-90, 8/16/99.]

Sec. 7-3 - 7-15 repealed by Ordinance No. 0-99-90.

Article III.  Emergencies.

Sec. 7-16.        Declaration of Existence of Civil Emergency.  [back to top]

Whenever a civil emergency as defined in Section 7-2 exists, the Mayor shall declare the existence of such civil emergency or disaster by means of a written proclamation setting forth the facts which constitute the emergency or disaster.  Such proclamation shall be filed with the Village Clerk.  In the absence of the Mayor, the Chairman of the Public Health, Safety and Judicial Committee or, in his absence, the Chairman of the Finance and Policy Committee, or in his absence the Chairman of the Building, Zoning and Development Committee, in the order indicated, shall issue such proclamation.  (Ord. 89-18.)

Sec. 7-17.        Publication of Proclamation.  [back to top]

Upon the issuance of the proclamation authorized in this article by the Mayor, the Chief of Police shall notify the news media situated within the Village and shall cause three (3) copies of the proclamation declaring the existence of the emergency to be posted at the following places within the Village:  the Village Hall, the police station and the post office.

Sec. 7-18.        Effective Period of Proclamation.  [back to top]

The proclamation authorized in this article shall be effective for a period of forty-eight (48) hours, unless sooner terminated by a proclamation of the Mayor indicating that the civil emergency no longer exists; provided, that such state of emergency shall expire not later than the first regular meeting of the Village Board after such state of emergency is declared. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty-eight (48) hour period during the time such civil emergency exists.

Sec. 7-19.        Curfew.  [back to top]

After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the Village or to the Village as a whole as he deems advisable, applicable during such hours of the day or night as he deems necessary in the interests of the public safety and welfare. 

Sec. 7-20.        Additional Powers of Mayor Pursuant to Proclamation.

After the proclamation of a civil emergency the Mayor may also, in the interest of public safety and welfare, make any of the following orders:

(A)       Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted.

(B)       Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer.

(C)       Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

(D)       Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.

(E)       Issue orders for the provision of emergency services.

(F)       Authorize any purchase or contracts necessary to place the Village in a position to combat effectively any disaster and to protect the public health and safety, protect property and provide emergency assistance to victims in the case of such disaster.  In the event of such a disaster, the Mayor is authorized, on behalf of the Village, 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 municipal contracts or obligations, provided, that if the Village Board meets at such time, he shall act subject to the directions and restrictions imposed by that body.

(G)       If the Governor declares that an emergency exists, it shall be the duty of the Mayor to cooperate fully with the State Emergency Services Disaster Agency and with the Governor in the exercise of emergency powers as provided by law.

(H)       Issue such other orders as are imminently necessary for the protection of life and property.

(Ords. 56-74, 61-42, 66-08, 70-38; Chapter amended in its entirety by Ord. 88-6; Ord. 00-25.)

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