PENDING ORDINANCES
ORDINANCE NO. 2020—1621
AN ORDINANCE REGARDING THE EMERGENCY POWERS OF THE PRESIDENT OF THE VILLAGE OF PEORIA HEIGHTS, ILLINOIS
   WHEREAS, Section 11-1-6 of the Municipal Code (65 ILCS 5/11-1-6) empowers the Village Board to, by ordinance, grant to the Village President the extraordinary power and authority to exercise, by executive order, during a state of emergency, such of the powers of the Village Board as may be reasonably necessary to respond to the emergency; and
 
   WHEREAS, the Village Board of the Village of Peoria Heights, Illinois finds that in an emergency situation, such as, but not limited to, the current pandemic, it may be unsafe, impractical or unwise to convene a quorum of the Village Board; and
 
   WHEREAS, the Village Board further finds that it is in the best interest of the Village of Peoria Heights to amend the Village Code to grant the President certain enumerated extraordinary powers in the event of a state of emergency.
 
   NOW, THEREFORE BE IT ORDAINED by the Village Board of the Village of Peoria Heights, Peoria County, Illinois as follows:
 
   Section 1:  A new Subsection E is hereby added to Title 1, Chapter 6, Section 1 of the Peoria Heights Village Code, to provide as follows:
 
   E.   Emergency Powers of the Village President.
   
   (1)   Declaration of a State of Emergency.
 
      A state of emergency exists when one or more of the following conditions are          present or imminent:
 
(a)    The Governor of the State of Illinois, or the President of the United States, has declared that a state of emergency exists, and the conditions giving rise to that declared state of emergency directly affect the territory, populace or property of the Village; or
 
(b)   A natural disaster or act of war or act of rebellion or terrorism or cyber-attack has overwhelmed, or imminently threatens to overwhelm, the ability of emergency responders or public health officials to safely, adequately of efficiently respond to the needs of the Village or protect the safety of its residents; or
         
(c)   An epidemic, pandemic, health emergency, or natural disaster makes its unsafe or imprudent for non-essential Village personnel to report to work, or for a quorum of the Village Board to meet; or
 
(d)   Other unforeseen circumstances, of like kind or severity, arise and affect the safety or welfare of the residents, employees or officers of the Village.
 
Should the President determine that one or more of the above conditions exists or is imminent, and should the President further determine that it is in the best interest of the Village to declare a state of emergency, the President shall sign, under oath, a statement finding that such standards have been met, setting forth facts to substantiate such findings, describing the nature of the emergency, and declaring that a state of emergency exists. Such statement shall be filed with the Village Clerk as soon as practicable.
   (2)   Expiration of a State of Emergency.
A declaration of a state of emergency, made pursuant to paragraph (A) of this section, shall expire not later than the adjournment of the first regular meeting of the Village Board after the state of emergency is declared.  If the next scheduled regular session of the Village Board cannot be held, because conditions make it unsafe or impractical to hold a meeting, or because a quorum of the Village Board is not present at the appointed time for its meeting, the state of emergency shall continue until such time that a quorum of the Village Board can convene, provided further that the President may, at any time, declare that the state of emergency has ended.    
   (3)    Emergency Powers of the President.
Upon a declaration of a state of emergency, until the expiration or revocation of the declaration (The “Emergency Period”), the President shall have and may exercise the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards to any act or acts occurring or committed within the Emergency Period or any extension thereof, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which they may have under the provisions of this section.
To enter into contracts, incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials and the appropriate expenditures and disposition of public funds and property as necessary.
 
To suspend the provisions of any regulatory ordinance prescribing procedures for conduct of Village business, or the orders and rules of any Village agency, if strict compliance with the provision would in any way prevent, hinder or delay necessary action, including emergency purchases.
 
To utilize all available resources of the Village government as reasonably necessary.
 
To transfer the direction, personnel or functions of Village departments and agencies or units thereof for the purpose of performing or facilitating response and recovery programs.
 
To recommend the evacuation of all or part of the population from any stricken or threatened area within the Village if he deems this action necessary.
 
To prescribe routes, modes of transportation, and destinations in connection with evacuation.
 
To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.
 
To make provision for the availability and use of temporary emergency housing.
 
   (4)   Public Notification of State of Emergency.
 
Upon the President issuing the declaration herein authorized, and as soon as may be safe or practical, the Chief of Police, or his or her designee, shall notify the news media situated within the Village and shall cause three copies of the declaration declaring the existence of the emergency to be posted at the following places within the Village:  Village Hall, the Police Station, and the Post OfficeHowever, the failure of the Chief of Police to provide such notice shall not operate to limit or invalidate the President’s emergency powers.
 
   Section 2:  Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.
 
   Section 3Publication.  This Ordinance is hereby ordered to be published in pamphlet form by the Peoria Heights Village Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code.
 
   Section 4:  Effective Date.  This ordinance shall be in full force and effect from and after passage, approval and publication in the manner provided by law.
 
 
PASSED, APPROVED AND ADOPTED by the Village Board of the Village of Peoria Heights, Peoria County, Illinois, in regular and public session this __17____ day of March, 2020.
 
 
         
                                                               _____________________________
                           President
ATTEST:
______________________________
Village Clerk