Section
41.01 Purpose and declaration of policy
41.02 Mayor’s power during emergency
41.03 Effective date and termination of emergency powers
41.04 Selection of Director of Disaster Services
41.05 General duties of Director of Disaster Services
41.06 Emergency operations plan
41.07 Other specific powers and duties of the Director
41.08 Operational organization
41.09 Emergency procurements
41.10 Severability
41.99 Penalty
This chapter is enacted to set out and clarify the authority of the village, its officers and employees with regard to emergency and disaster situations. It is intended to grant as broad a power as permitted by statutory and constitutional authority.
(Ord. 2001-O-50, passed 11-13-2001)
Notwithstanding any provision of this code to the contrary, when the Mayor determines in the Mayor's sole discretion that a state of public emergency exists within the village, the Mayor may by proclamation declare a state of emergency, govern the village by proclamation and exercise through the assistance of the Director of Disaster Services and in consultation with the Village Attorney, all emergency powers including, but not limited to, all of the following:
(A) The power to direct emergency response activities by village departments including, but not limited to, the Police and Fire Departments, and by such emergency services personnel as the Mayor may designate or appoint;
(B) The power to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the village, upon following the procedures of § 41.09;
(C) The power to purchase or lease goods and services that the Mayor deems necessary to the emergency response or for the repair of village facilities or both upon following the procedures of § 41.09;
(D) The power to lease real property, or structures, or both, that the Mayor deems necessary for the continued operation of village government;
(E) The power to promulgate rules and orders to implement and clarify the Mayoral proclamation exercising emergency power; and
(F) The power to delegate any or all of these duties to the Director of Disaster Services as defined in § 41.04.
(Ord. 2001-O-50, passed 11-13-2001)
Proclamations, rules, and orders issued pursuant to § 41.02 shall be effective upon issuance and shall remain in effect until withdrawn by the Mayor or issuing authority. However, those proclamations, rules, and orders shall be withdrawn by the Mayor or issuing authority, and those persons acting pursuant to § 41.02 shall cease to exercise emergency powers at such time as the conditions giving rise to the emergency cease.
(Ord. 2001-O-50, passed 11-13-2001)
(A) The Director of Disaster Services shall be responsible for the performance and supervision of performance of all duties in connection with coordinating and carrying out the village's role in furnishing services in the event of major natural or manmade disaster, including but not limited to floods, fire, earthquakes, hurricanes, tornadoes, windstorms, tidal waves, epidemics, hazardous substance or nuclear power plant accidents or incidents, insurrections, riots, looting, and persistent violent civil disobedience, which threaten the public peace, health, and safety or which damage and destroy public or private property of the village.
(B) The Director of Disaster Services shall assist the Mayor or the Mayor's designee in the exercise of emergency powers under § 41.02.
(C) The Director of Disaster Services shall act in coordination with the state and other governmental agencies as may be necessary to plan and implement a joint jurisdiction emergency planning and disaster services plan and mutual aid arrangements.
(D) The Director of Disaster Services shall consult with the Village Attorney in the planning and exercise of emergency powers.
(Ord. 2001-O-50, passed 11-13-2001)
The Director of Disaster Services shall recommend for adoption by the Village Council, upon approval by the State Office of Disaster Services, an emergency operations plan for the village and recommend for adoption by the Village Council mutual aid plans and agreements which are deemed essential for the plan. Such mutual aid plans may authorize the employment by the county and other cities within the county of the Village Director of Disaster Services as area coordinator for mutual aid. The Director of Disaster Services shall make continuing studies of the need for amendments and improvements in such plans.
(Ord. 2001-O-50, passed 11-13-2001)
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