(A) Definitions. Unless otherwise clearly required by the context, whenever any of the following terms are used in this section they shall have the meaning indicated:
ATTACK. 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.
CURFEW. A prohibition against any person or persons being present at or upon any public assembly, building, place, street or highway with the exception of officials of any governmental unit and persons officially designated to duty with reference to a state of emergency duly declared by executive order pursuant to this section.
STATE OF EMERGENCY. An occurrence or threat of widespread or severe damage, where extraordinary measures must be taken to protect the public health, safety and welfare from 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 material spill or water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, attack or hostile military or paramilitary action.
(B) State of emergency.
(1) Whenever it appears that a state of emergency may exist, any person with such knowledge shall report the circumstances of the emergency to the Mayor. The report shall include the nature of the emergency, the geographic area or areas involved, and the specific response and remedies requested.
(2) The Mayor may, based upon the reported circumstances and/or based upon the Mayor's own investigation or observations, declare a state of emergency by issuing a written declaration when the Mayor determines that:
(a) An occurrence of widespread or severe damage resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous material spill or water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, attack or hostile military or paramilitary action has occurred or is threatened to occur; and
(b) Where extraordinary measures must be taken to protect the public health, safety and welfare from injury or loss of life or property.
(3) The declaration shall contain a statement signed by the Mayor under oath, setting forth the following:
(a) A description of the occurrence or conditions which exist or are threatened to exist of which the Mayor determined that a state of emergency exists;
(b) A statement finding that the standards for the determination that a state of emergency set forth in this section have been met;
(c) Facts to substantiate such finding;
(d) A description of the nature of the emergency; and
(e) Declaration that the state of emergency exists.
(4) The statement shall be filed with the Village Clerk as soon as practicable following the declaration.
(C) Emergency powers. The Mayor may exercise, by executive order during the time that a state of emergency exists, the following extraordinary powers and authority as may be reasonably necessary to respond to the emergency:
(1) Make, amend and rescind all lawful necessary orders, rules and regulations to carry out the limits of the authority conferred upon the Mayor.
(2) Cause to be prepared a comprehensive plan and program for the emergency operations and management of the village, which plan and program shall be integrated into and coordinated with the emergency management plans and programs of the county, state and federal governments whenever possible, and which plan and program may include:
(a) Mitigation of injury and damage caused by emergency;
(b) Prompt and effective response to emergency;
(c) Emergency relief;
(d) Recommendations for zoning, building and other land use controls, safety measures for securing permanent structures and other mitigation measures designated to eliminate or reduce the emergency or its impact; and
(e) Authorization and procedures for the erection or other construction of temporary works designed to mitigate danger, damage or loss during the emergency.
(3) Activate the emergency operations and management plan and be the authority for the deployment and use of any forces that the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available under this section or act as any other provision of law relating to disasters or civil emergencies.
(4) Mobilize and utilize all available resources of the government as reasonably necessary to cope with the emergency.
(5) Transfer the direction, personnel or functions of departments and agencies or units thereof for the purpose of performing or facilitating emergency response and recovery programs.
(6) Authorize any purchase or contracts necessary to place the village in a position to effectively combat any emergency, protect property and provide emergency assistance to victims in the case of such emergency.
(7) Procure such services, supplies, equipment or materials as may be necessary for such purposes in view of the emergency, without regard to statutory procedures or formalities normally prescribed by law pertaining to municipal contracts or obligations.
(8) In collaboration with the Illinois Public Works Mutual Aid Network, the Illinois Department of Transportation and the Illinois Department of Corrections and other public agencies within the immediate vicinity, develop or cause to be developed mutual aid arrangements for reciprocal emergency response and recovery assistance in the event that the response to the emergency exceeds village resources.
(9) Order the evacuation of all or part of the population from any stricken or threatened area within the village.
(10) Prescribe the route, modes of transportation and destinations in connection with evacuation.
(11) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.
(12) Order a general curfew applicable to such geographical areas of the village or to the village as a whole as the Mayor deems reasonably necessary to respond to the emergency and applicable during such hours of the day or night as the Mayor deems necessary in the interests of the public safety and welfare.
(13) Order the restriction of vehicle movement except fire, police, hospital services, utilities vehicles and physicians on emergency cases within such geographical areas of the village or to the village as a whole as the Mayor deems reasonable necessary to respond to the emergency.
(14) Make provision for the availability and use of temporary emergency housing.
(15) Prohibit increases in prices of goods and services during an emergency.
(16) Hire temporary part-time employees as needed to assist with emergency response and recovery operations within the village.
(17) To designate the Community Foundation of Grundy County, or its lawful successor, to accept monetary donations marked “Village of Diamond Disaster” on behalf of the victims and to distribute the same to the victims.
(18) Issue such other orders as are imminently necessary for the protection of life and property.
(D) Duration of emergency powers. A declaration of a state of emergency shall expire not later than the adjournment of the first regular meeting of the Board of Commissioners after the state of emergency is declared unless sooner terminated by proclamation of the Mayor indicating that the state of emergency no longer exists.
(Ord. 2014-08, passed 8-12-2014)