(A) (1) A local disaster emergency may only be declared by the Village President or his or her interim successor, as defined in the Emergency Interim Executive Succession Act, 5 ILCS 275/1. For purposes of such act, the interim successors are hereby designated as follows:
(a) First, the Village Trustee that has been designated as Mayor pro tem;
(b) Second, the Village Trustee with the next most seniority on the Village Board; and
(c) Third, the Village Trustee with the third most seniority on the Village Board.
(2) In case two Trustees have equal seniority on the Village Board, the identity of the interim successor shall be decided by agreement or, if no agreement can be reached, by lot.
(B) A local disaster emergency shall not continue for a period in excess of seven days, except by or with consent of the Village Board of Trustees. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the Village Clerk.
(C) Such declaration(s) of a local state of emergency shall constitute a declaration, of a local disaster pursuant to 20 ILCS 3305/11, the effect of which is to activate the emergency operations plan of the village and to authorize the furnishing of aid and assistance under that plan or any other applicable plan.
(D) Orders authorized. After the proclamation of a local state of emergency, the Village President may, in the interest of public safety and welfare and to address issues threatened by the emergency, take any or all of the following actions by executive order during the state of emergency:
(1) All actions reasonably necessary to respond to the disaster;
(2) A general curfew applicable to such geographical areas of the village or to the village as a whole, as the Village President deems reasonable and advisable, and applicable during such hours of the day or night, as the Village President deems necessary in the interest of the public safety and welfare;
(3) Approve previously appropriated expenditures of the city for the purpose of continuing the operations of the municipality;
(4) In the event the local state of emergency extends beyond the current fiscal year and a new budget has not been approved, approve new spending by the village during the existence of the local state of emergency;
(5) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer; or
(6) 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.
(E) Duration. The declaration of a local state of emergency shall be effective for the earlier of a period of up to seven days or upon the adjournment of the first regular meeting of the corporate authorities after the state of emergency is declared, unless sooner terminated by a proclamation of the Village President, or, his or her interim emergency successor, indicating that the disaster no longer exists. A declaration may be continued or renewed beyond seven days by or with the consent of the Village Board of Trustees.
(F) Notice. Upon issuing the proclamation herein authorized, the Village Clerk shall notify the news media situated within the village, and shall cause at least four copies of the proclamation declaring the existence of the emergency and any curfew to be posted at the following places within the village: the village hall, the police station, the post office, and in the area of any curfew.
(G) Violations. Any person violating any fo the executive orders issued pursuant to this section shall be guilty of an offense against the village and shall be punished as provided by the village code.
(Prior Code, § 35.008) (Ord. 2010-037, passed 12-6-2010; Ord. 20-003, passed 3-26-2020)