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AN ORDINANCE PERTAINING TO LOCAL STATE OF EMERGENCY
WHEREAS, the City of Charleston, Illinois, Coles County, Illinois “City” is a non-home rule unit of government; and
WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-1-6, provides for the declaration of a state of emergency and the grant of extraordinary authority to the Mayor by the corporate authorities; and
WHEREAS, the Illinois Emergency Management Agency Act, 20 ILCS 3305/11, further provides for emergency local disaster declaration by the principal executive officer or his or her interim emergency successor; and
WHEREAS, the City now desires to provide for the exercise of extraordinary powers by executive order during a state of emergency within the City;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
TITLE 1:5:3 (A)(3):
The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein.
LOCAL STATE OF EMERGENCY
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Emergency: (1) 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 or more persons acting together without authority of law; or (2) Any natural disaster, epidemic, or manmade calamity, including outbreak of disease, flood, conflagration, cyclone, tornado, earthquake or explosion, or eminent threat of any of those events within the corporate limits of the city, resulting in or threatening 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.
Curfew: a prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city except officials of any governmental unit and persons officially designated to duty with reference to said civil emergency.
(b) Declaration. Whenever an emergency, as defined in subsection (a) of this section exists, the Mayor is authorized to declare the existence of a Local State of Emergency by means of a written declaration of the Mayor, under oath, setting forth the facts which constitute the emergency, describing the nature of the emergency and declaring that a Local State of Emergency existsin accordance with the definitions set forth in this section. This declaration must be filed with the municipal clerk as soon as practicable after issuance.
(c) Curfew authorized. After proclamation of a Local State of Emergency by the Mayor, he or she may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he or she deems reasonable and advisable, and applicable during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare.
(d) Orders authorized. After the proclamation of a Local State of Emergency, the Mayor may also, in the interest of public safety and welfare, and to address this issues caused threatened by the emergency, may take any or all of the following actions by executive order during the state of emergency:
All actions reasonably necessary to respond to the emergency;
Approve previously appropriated expenditures of the city for the purpose of continuing the operations of the municipality; and
In the event the Local State of Emergency extends beyond the current fiscal year and a new budget has not been approved, the Mayor shall be authorized to approve new spending by the City during the existence of the Local State of Emergency.
Temporarily postpone all meetings of the City Council and any City committee, commission, board authority, or other City body, as deemed appropriate by the Mayor.
Issue any and all such other orders or undertake such other functions and activities as the Mayor reasonably believes are required to protect the health, safety, and welfare of persons or property within the City or otherwise preserve the public peace or abate, clean up, or mitigate the effects of any emergency or disaster.
(e) Duration. The declaration herein authorized shall be effective for a period of up to 21 days or until the adjournment of the next regular or special meeting of the city council, whichever comes first, unless sooner terminated by a proclamation of the Mayor, or, his or her interim emergency successor, indicating that the civil emergency no longer exists. The Mayor or his or her interim emergency successor, shall have the power to re- proclaim the existence of an emergency at the end of each 21-day period during the time said emergency exists.
(f) Notice. Upon issuing the proclamation herein authorized, the municipal clerk shall notify the news media situated within the City, and shall cause at least four copies of the proclamation declaring the existence of the emergency and any curfew to be posted at the following places within the city: the city hall, the police station, the post office, and in the area of any curfew.
(g) Violations. Any person violating the provisions of this section or executive orders issued pursuant hereto shall be guilty of an offense against the City and shall be punished as provided by Title 1-4-4: Application of Provisions of the City Code.
(h) Effect on other ordinances. Nothing contained in this section shall be construed to impair the powers contained in this Code, giving powers to the police and fire departments, but shall be construed together with existing ordinances now in effect for the safety and welfare of the citizens of the City.
EFFECTIVE DATE. This Ordinance shall be in full force and effect on March 23, 2020.
REPEAL OF CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance.
SEVERABILITY. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable.
INTRODUCED this ______ day of ___________, 2020.
PASSED this ___23___ day of _____MARCH_______, 2020
APPROVED this ______ day of ____________, 2020.
Aye Nay Abstain Absent