(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISASTER. An occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, food, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, acts of domestic terrorism, other acts defined as a “disaster”, pursuant to § 4 of the Illinois Emergency Management Agency Act (20 ILCS 3305/4), or other acts giving rise to a state of emergency as contemplated by § 11-1-6 of the Illinois Municipal Code (65 ILCS 5/11-1-6).
CURFEW. A prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the village except officials of any governmental unit and persons officially designated to duty with reference to said civil emergency.
LOCAL STATE OF EMERGENCY. A written declaration or proclamation of the Village President, under oath, setting forth the facts which constitute a disaster, describing the nature of the disaster and declaring that a local state of emergency exists in accordance with the definitions set forth in this division (A).
(B) Declaration.
(1) Whenever a disaster, as defined in division (A) above, exists, the Village President is authorized to declare the existence of a local state of emergency. This declaration must be filed with the Municipal Clerk as soon as practicable after issuance.
(2) 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.
(C) 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 village 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.
(D) 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.
(E) 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.
(Ord. 20-11-05, passed 11-24-2020) Penalty, see § 30.99