(A) Authority to declare emergency. Whenever a civil emergency, as defined in § 39.01 of this chapter exists, the Mayor shall declare the existence of such civil emergency by means of a written declaration setting forth the facts which constitute an emergency.
(B) Curfew may be ordered. After proclamation of a civil emergency by the Mayor, the Mayor may order a general curfew applicable to such geographical areas of the city or to the city as a whole as the Mayor deems advisable and applicable, during such hours of the day or night as the Mayor deems necessary in the interest of public safety and welfare.
(C) Prohibitions may be ordered. After the proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make, amend and rescind any or all of the following rules and regulations, orders to carry out the limits of the authority conferred upon the Mayor:
(1) Liquor stores. 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) Liquor sales. Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer.
(3) Sales of combustibles. 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) Firearms sales. Order the discontinuance of selling, distributing or giving away any firearms or ammunition of any character whatsoever.
(5) Cause to be prepared a comprehensive plan and program for the emergency operations and management of the City, which plan and program shall be integrated into and coordinated with emergency management plans and programs of the county, state and federal governments whenever possible, and which plan and program may include:
a. Mitigation of disease, 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 designed to eliminate or reduce the emergency or its impact;
e. Authorization and procedures for the erection or other construction of temporary works designed to mitigate danger, damage or loss due to the emergency; and
f. Authorization and procedures for the erection or other construction of temporary testing sites designed to detect dangerously contagious or infectious disease to mitigate danger, damage or loss due to the emergency;
(6) Activate the City's emergency operations and management plan and be the authority for the deployment and use of any forces that the 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;
(7) Mobilize and utilize all available resources of the City government as reasonably necessary to cope with the emergency;
(8) Transfer the direction, personnel or functions of City departments and agencies or units thereof for the purpose of performing or facilitating emergency response and recovery programs;
(9) Authorize any purchase or contracts necessary to place the City in a position to effectively combat any emergency, protect property and provide emergency assistance to victims in the case of such emergency;
(10) Procure such services, supplies, equipment or material 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 and to let contracts to the extent necessary to resolve such emergency without public advertisement or compliance with the provisions of Chapter 30 of the Code of Oakbrook Terrace, Illinois;
(11) In collaboration with 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 City resources;
(12) Order the quarantine, isolation or evacuation of all or part of the population from any stricken or threatened area within the City provided, however that:
a. During the period of time that a state of emergency exists due to the outbreak, epidemic or pandemic of a dangerously contagious or infectious disease, the Mayor shall have general supervision of the interests of the health and lives of the people of the City. The Mayor shall have supreme authority within the City in matters of quarantine, isolation, the closure of businesses or operations within the City, but such orders shall only be more restrictive than orders issued by the federal government, the Illinois Governor or the Illinois Department of Public Health when such authority is necessary to address an issue pertaining to the City's government or affairs relating to the outbreak, epidemic or pandemic of a dangerously contagious or infectious disease. The Mayor may declare and enforce quarantine, isolation, the closure of businesses or operations within the City when none exists, and may modify or relax the Mayor's quarantine, isolation, the closure of businesses or operations within the City when it has been established. The Mayor may adopt, promulgate, repeal and amend rules and regulations not less restrictive than the rules and regulations issued by the federal government, the Illinois Governor or the Illinois Department of Public Health relating to the outbreak, epidemic or pandemic of a dangerously contagious or infectious disease. The Mayor may make such investigations and inspections as it may from time to time deem necessary for the preservation and improvement of the public health, consistent with law regulating the outbreak, epidemic or pandemic of a dangerously contagious or infectious disease.
b. The Mayor shall investigate the causes of dangerously contagious or infectious diseases especially when existing in epidemic or pandemic form. The Mayor shall take means to restrict and suppress dangerously contagious or infectious diseases. Whenever such disease becomes, or threatens to become, epidemic in the City and the Illinois Governor or the Illinois Department of Public Health neglects or refuses to enforce efficient measures for its restriction or suppression within the City or to act with sufficient promptness or efficiency, or whenever the Illinois Governor or the Illinois Department of Public Health neglects or refuses to promptly enforce efficient measures for the restriction or suppression of dangerously contagious or infectious diseases within the City, or, whenever the Illinois Governor or the Illinois Department of Public Health's measures for the restriction or suppression of dangerously contagious or infectious diseases present circumstances within the City that threaten public health or safety within the City, the Mayor may issue such Executive Orders and enforce such measures as the Mayor deems necessary to protect the public health or safety. All necessary expenses so incurred shall be paid by the City.
c. Subject to the provisions of subsection d, the Mayor may order a person or group of persons to be quarantined or isolated or may order a place or operations being conducted within the City to be closed and made off limits to the public to prevent the probable spread of a dangerously contagious or infectious disease until such time as the condition can be corrected or the danger to the public health eliminated or reduced in such a manner that no substantial danger to the public's health any longer exists.
d. Except as provided in this ordinance, no person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off limits to the public except with the consent of the person or owner of the place or upon the consent of the City Council. The Mayor may, however, order a person or a group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public on an immediate basis without prior consent of the owner or consent of the City Council if, in the reasonable judgment of the Mayor, immediate action is required to protect the public from a dangerously contagious or infectious disease. In the event of an immediate order issued without prior consent of owner or of the City Council, the Mayor shall, as soon as practical, within 48 hours after issuing the order, obtain the consent of the person or owner or file a petition with the City Council requesting that it convene a special meeting within 72 hours to consider consenting to the Mayor's order authorizing the isolation or quarantine or closure. When exigent circumstances exist that cause the City Council to be unavailable or that make it impossible to obtain consent or file a petition within 48 hours after issuance of an immediate order, the Mayor must obtain consent or file a petition requesting that the City Council convene a special meeting as soon as reasonably possible. To obtain the City Council's consent to the Mayor's order, the Mayor, by clear and convincing evidence, must persuade the City Council that the public's health and welfare are significantly endangered by a person or group of persons that has, that is suspected of having, that has been exposed to, or that is reasonably believed to have been exposed to a dangerously contagious or infectious disease or by a place where there is a significant amount of activity likely to spread a dangerously contagious or infectious disease. The Mayor must also present facts to persuade the City Council that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative exists. For purposes of this ordinance, in determining whether a no less restrictive alternative exists, the City Council shall consider evidence showing that, under the circumstances presented by the case in which an order is sought, quarantine, isolation or closure is the measure provided for in an Executive Order of the Governor, an order or rule of the Illinois Department of Public Health or in guidelines issued by the Centers for Disease Control and Prevention or the World Health Organization or arises from such order, rule or guidelines and that the Mayor's order is necessary to protect the public health or safety within the City. Persons who are ordered to be isolated or quarantined or who are owners of places that are ordered to be closed and made off limits to the public, shall be given a written notice of such order. The written notice shall additionally include the following:
(1) Notice of the right to counsel;
(2) Notice that if the person or owner is indigent, the court will appoint counsel for that person or owner;
(3) Notice of the reason for the order for isolation, quarantine, or closure;
(4) Notice of whether the order is an immediate order, and if so, the time frame for the Mayor to seek consent or to file a petition requesting the City Council convene a special meeting within 72 hours as set out in this ordinance; and
(5) Notice of the anticipated duration of the isolation, quarantine, or closure.
If a special meeting of the City Council is convened to consider the consent to the Mayor's order, the person(s) who are or are about to be ordered to be isolated or quarantined and owner(s) of places that are or are about to be closed and made off limits to the public shall be given a written notice of the time and place of the special City Council meeting. Persons who are or are about to be ordered to be isolated or quarantined and owners of places that are or are about to be closed and made off limits to the public shall have the right to appear before the City Council and present evidence or testimony and shall have the right to counsel. If a person or owner is indigent, the City Council shall appoint counsel for that person or owner. The determination of the City Council regarding its consent to the Mayor's Order shall be a final administrative decision of the City.
(13) Prescribe the route, modes of transportation and destinations in connection with evacuation;
(14) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein;
(15) Order the restriction of vehicle movement, except fire, police, hospital services, utilities vehicles and physicians on emergency cases, within such geographical areas of the City or to the City as a whole as the Mayor deems reasonably necessary to respond to the emergency;
(16) Make provisions for the availability and use of temporary emergency housing;
(17) Other orders. Issue such other orders as are imminently necessary for the protection of life and property.
(D) Term of proclamation. The proclamation herein authorized shall be effective for a period of seven days unless sooner terminated by a proclamation of the Mayor or by a resolution of the City Council determining that the civil emergency no longer exists. Provided that the proclamation of the civil emergency has not sooner been terminated, the Mayor, with the consent of the City Council, shall have the power to re-proclaim the existence of a civil emergency at the end of the initial seven-day period during the time the civil emergency exists. The City Council shall provide in the ordinance or resolution consenting to the re-proclamation of the existence of a civil emergency the period of time during which the Mayor's proclamation shall continue without seeking additional consent from the City Council.
(E) Media to be notified. Upon the issuance of the proclamation identified herein, the Emergency Management Coordinator or his or her designee shall notify the news media situated within the city, and shall cause copies of the proclamation declaring the existence of the emergency to be posted at the following places within the city:
(1) City Hall;
(2) Police Station;
(3) The Fire Station of the Oakbrook Terrace Fire Protection District.
(F) The operation of the language of this chapter and the exercise of the powers by the Mayor provided in this chapter is not dependent upon a declaration of an emergency or disaster by the Governor pursuant to the Illinois Emergency Management Agency Act but are dependent up on the declaration of an emergency by the Mayor.
(Ord. 04-29, passed 9-14-04; Am. Ord. 20-8, passed 3-31-20)