(A) Policy and procedures.
(1) Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from the explosion in this or in a neighboring municipality of atomic or other means from without or by means of sabotage or other disloyal actions within or from fire, flood, earthquake, or other natural or human-made causes and in order to ensure that this municipality will be prepared to and will adequately deal with any such disasters, preserve the lives and property of the people of this municipality, and protect the public peace, health, and safety in the event of such a disaster, it is found and declared to be necessary:
(a) To create a Municipal Emergency Management Agency;
(c) To provide for the rendering of mutual aid to other cities and political subdivisions with respect to the carrying out of emergency management operations.
(2) (a) 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 public, the Mayor may declare that a state of emergency exists.
(b) The 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 the 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. This statement shall be filed with the Clerk of the municipality as soon as practical.
(c) 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. A subsequent state of emergency may be declared if necessary.
(3) It is further declared to be the purpose of this code and the policy of the municipality that all emergency management programs of this municipality 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 nation’s manpower, resources, and facilities for dealing with any disaster that may occur.
(Prior Code, § 30-3-1)
(B) Limitations. Nothing in this subchapter shall be construed to:
(1) Interfere with the course or conduct of a private labor dispute, except that actions otherwise authorized herein or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2) 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;
(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or of any personnel thereof, when on active duty, but state and local emergency operations plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; and
(4) 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 this state, independent of or in conjunction with any provisions of this subchapter.
(Prior Code, § 30-3-2)
(C) Immunity.
(1) Neither the municipality, the agency, or any member thereof or any person acting at its direction engaged in any emergency management operations or disaster activities, while complying with or attempting to comply with this subchapter or any rule or regulations promulgated pursuant to this subchapter, is liable for the death of or any injury to persons or damage to property as a result of such activity.
(2) This section does not, however, affect the right of any person to receive benefits to which he or she would otherwise be entitled under this act under the Worker’s Compensation Act or the Worker’s Occupational Diseases Act 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.
(Prior Code, § 30-3-11)
Statutory reference:
Related provisions, see 65 ILCS 5/11-16