(a) Definitions. Wherever the following words or phrases are used, they shall, for purposes of this § 2-2D, have the meanings ascribed to them in this § 2-2D(a), except when the context otherwise indicates. All words or phrases not defined in this § 2-2D(a) shall have the meanings ascribed to them in the Illinois Emergency Management Agency Act, as amended (20 ILCS 3305/1 et seq.).
CIVIL EMERGENCY. A “disaster” as defined in the Illinois Emergency Management Agency Act, as amended. Specifically, and without limitation of the foregoing, a CIVIL EMERGENCY includes the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.
(b) Declaration of civil emergency.
(1) Pursuant to the authority granted by state law, including, without limitation, § 11-1-6 of the Illinois Municipal Code, whenever the village president determines that a civil emergency exists in the village, the village president shall have the extraordinary power and authority to exercise by executive order all such powers of the corporate authorities and other officers of the village as may be reasonably necessary or appropriate to eliminate or minimize the dangers arising from such civil emergency and for the protection of the health, safety and general welfare of the public; provided, however, that prior to exercising any such extraordinary power and authority, the village president shall have executed under oath a written declaration of civil emergency containing the following:
A. An express declaration that a civil emergency exists; and
B. A statement of facts known to the village president, either directly or upon information and belief, which describes the nature of the civil emergency and substantiates the finding that a civil emergency exists.
(2) Unless expressly stated otherwise, a declaration issued pursuant to this § 2-2D(b) shall be considered a local disaster declaration made pursuant to § 11 of the Emergency Management Agency Act.
(c) Orders by the village president. The village president may, upon the issuance of a declaration of civil emergency in accordance with § 2-2D(b) of this Code, issue orders to implement any or all of the following:
(1) The imposition of a curfew applicable to such geographical areas of the village or to the village as whole, as deemed advisable by the village president, and applicable during such hours of the day or night as deemed necessary by the village president in the interest of the public safety and welfare;
(2) The discontinuance of selling distributing, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
(3) The closure of any business establishment anywhere within the village for the period of civil emergency, including, without limitation, businesses selling intoxicating liquors, gasoline, or firearms;
(4) The closure of any public street, thoroughfare or vehicle parking areas to vehicular and/or pedestrian traffic;
(5) The calling upon regular and auxiliary law enforcement agencies and organizations without or within the village to assist in preserving and keeping the peace within the village;
(6) The authorization of the village president or the village manager to enter into contracts for the procurement of supplies and services necessary to address the civil emergency that would normally require the approval of the full village board of trustees;
(7) The incurrence of obligations, the appropriation of funds, and the provision of emergency assistance reasonably necessary to respond to or mitigate the civil emergency;
(8) The prohibition of increases in the prices of goods and services sold within the village; and
(9) Any other actions reasonably necessary to address the civil emergency and protect life and property.
(d) Notice. A declaration of civil emergency shall be: (i) filed with the village clerk as soon as practicable: (ii) promptly disseminated to the news media; and (iii) promptly posted at the village hall, the post office, and on the village’s social media pages and website.
(e) Term; extension; termination.
(1) Term. A declaration of civil emergency shall expire and automatically terminate, if not extended pursuant to this § 2-2D(e) of this Code, not later than: (i) the adjournment of the first regular or special meeting of the village board of trustees; or (ii) seven days after the declaration is issued, whichever occurs first.
(2) Extension. The village board of trustees may by motion extend the initial duration of a declaration of civil emergency and any orders issued by the village president in connection therewith. The extension shall be for the duration necessary and in the best interest of the village and the public to address the continuing civil emergency as determined by the village board of trustees.
(3) Termination by the village president. A declaration of civil emergency may be otherwise terminated at any time in writing and executed by the village president.
(Ord. No. 2020-13-3479)