(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY.
(a) 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.
(b) Any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the village, resulting in the death or injury of persons or the destruction of property to an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
CURFEW. A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the village excepting officials of any governmental unit and persons officially designated to duty with reference to the civil emergency.
(B) Whenever an emergency, as defined in this section, exists, the Village President shall declare the existence by means of a written declaration setting forth the facts which constitute the emergency.
(C) After proclamation of a civil emergency by the Village President, he or she may order a general curfew applicable to the geographical areas of the village or to the village as a whole, as he or she deems advisable and applicable during the hours of the day or night as he or she deems necessary in the interests of the public safety and welfare.
(D) After the proclamation of a civil emergency, the Village President may also, in the interest of public safety and welfare, make any or all of the following orders:
(1) 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;
(2) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;
(3) 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;
(4) Order the discontinuance of selling, distributing, dispensing; or
(5) Issue such other orders as are immediately necessary for the protection of life and property.
(E) (1) The proclamation herein authorized shall be effective for a period of 48 hours unless sooner terminated by a proclamation of the Village President indicating that the civil emergency no longer exists.
(2) The Village President shall have the power to re-proclaim the existence of a civil emergency at the end of each 48-hour period during the time the civil emergency exists.
(F) Upon issuing the proclamation herein authorized, the Chief of Police shall notify the news media situated within the village and shall cause three 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.
(G) Nothing contained in this section shall be construed to impair the powers contained in this code of ordinances giving powers to the Police Department, but shall be construed together with existing ordinances now in effect for the safety and welfare of the citizens of the village.
(H) (1) In addition to the Village President’s authority to proclaim a state of emergency in the village, including elsewhere in this section, the Village President is authorized to declare of a state of emergency and to exercise, by executive order, such powers of the Village President and Board of Trustees as may be reasonably necessary to respond to the emergency.
(2) A declaration of a state of emergency under this division (H) shall:
(a) Be executed under oath.
(b) Set forth the basis and underlying facts supporting the declaration of a state of emergency.
(c) Make reference to published statements of federal, state or county agencies whose duty it is to address emergency matters.
(d) To the extent possible, specify the procedures and protocols to be followed during the state of emergency.
(e) To the extent possible, make specific reference to any regulations which may be subject to suspension during the state of emergency.
(f) Consistent with division (H)(3)(h) below, set forth the duration of the state of emergency.
(g) Be filed with the Village Clerk as soon as practicable.
(h) Expire no later than the adjournment of the first regular meeting of the Village President and Board of Trustees after the state of emergency has been declared.
(3) A declaration of emergency pursuant to the authority in this division (H) may not suspend in any way the rights of persons under the Illinois or U.S. Constitutions.
(4) The authority granted herein is in addition to, and not in lieu of, the authority of the Village President to address emergencies in the village, including, but not limited to, elsewhere in this section.
(1981 Code, § 10.13) (Ord. 95-29, passed 12-8-1995; Am. Ord. 20-07, passed 3-23-2020)