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HomeMy WebLinkAboutG79-99 (2) CITY OF ELGIN rak ORDINANCE NO. G79-99 AN ORDINANCE REPEALING CHAPTER 2.72 ENTITLED "EMERGENCY SERVICE AND DISASTER AGENCY" AND AMENDING CHAPTER 2.76 ENTITLED "CIVIL EMERGENCIES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 15TH DAY OF DECEMBER, 1999 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 17th day of December, 1999. eft STATE OF ILLINOIS ) ) ss. COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on December 15, 1999, the Corporate Authorities of such municipality passed and approved Ordinance No. G79-99 entitled "Ordinance Repealing Chapter 2.72 Entitled "Emergency Service and Disaster Agency" and Amending Chapter 2.76 Entitled "Civil Emergencies" of the Elgin Municipal Code, 1976, as Amended, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G79-99, including the Ordinance and t ra cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on December 17, 1999, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on December 17, 1999. ii;t674,-,,,C \ Municipal CI"erk (SEAL) elk Ordinance No . G79-99 AN ORDINANCE REPEALING CHAPTER 2 . 72 ENTITLED "EMERGENCY SERVICE AND DISASTER AGENCY" AND AMENDING CHAPTER 2 . 76 ENTITLED "CIVIL EMERGENCIES" , OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin seeks to prepare for the possibility of the occurrence of disasters or other emergencies to preserve the lives and property of the residents of Elgin and to protect the public peace, health and safety in the event of a disaster or other emergency; and WHEREAS, it is necessary for the City of Elgin to provide for regulations which set forth the responsibilities of the City in the event an emergency or disaster exists within the City; and WHEREAS, the regulations are intended to reduce the vulnerability of the City to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies and to assign authority and responsibilities in the event of an emergency or disaster; and WHEREAS, the City of Elgin, Illinois is an Illinois home e" rule municipal corporation as provided for in Article VII , Section 6 of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function relating to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; and WHEREAS, providing for regulations and responsibilities in the city in the event of an emergency or disaster within the city pertains to the city government and affairs . NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 2 . 72 of the Elgin Municipal Code, 1976, as amended, entitled Emergency Service and Disaster Agency is hereby repealed in its entirety. Section 2 . That Chapter 2 . 76 entitled Civil Emergencies of the Elgin Municipal Code, 1976, as amended, is hereby amended in its entirety to read as follows : "CHAPTER 2 . 76 EMERGENCY AND DISASTER PLANNING AND RESPONSE 2 . 76 . 010 PURPOSE AND DECLARATION OF POLICY. This chapter is enacted to set out and clarify the authority of the city and 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. This chapter does not preclude joint or cooperative planning and response efforts with other city, county, state, regional , national and international authorities and bodies . 2 . 76 . 020 DEFINITIONS . When used in this chapter, the terms set forth in this section shall have the following meanings : Disaster. An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, technological or human-made cause including fire, flood, snowstorm, earthquake, windstorm, wave em" action, oil spill or other contamination, radioactive incident, epidemic, air contamination, blight , drought, infestation, explosion, riot, hostile or paramilitary action, or structure failure of a dam, building or infrastructure, or other public calamity requiring emergency action. Emergency. Any human-made, technological or natural event or circumstance causing or threatening loss of life, injury to persons or property, human suffering or financial loss including but not limited to fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of petroleum products or other hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, sabotage and war. State of Emergency. A situation which involves an emergency or a disaster. 2 . 76 . 030 PROCLAMATION OF EMERGENCY. Whenever a disaster or emergency exists, the mayor may by written proclamation declare a state of sow emergency after signing, under oath, a statement finding that conditions constituting a disaster or emergency exist , setting forth facts to substantiate such findings and describing the nature of the emergency. Such statement shall be filed with the city clerk as soon as practicable . 2 . 76 . 040 MAYORS POWER DURING EMERGENCY. Notwithstanding any provisions of this code to the contrary, when the mayor by proclamation declares a state of emergency, the mayor may govern the city by proclamation, and exercise through the assistance of the city manager and in consultation with the corporation counsel , all emergency powers, including but not limited to, all of the following: A. The power to direct emergency response activities by city 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 letting might cause serious loss or injury to the city, upon following the procedures of Section 2 . 76 . 120 of this chapter. C. The power to purchase or lease goods and services the mayor deems necessary to the city' s emergency response or for the repair of city facilities, or both, upon following the procedures of Section 2 . 76 . 120 of this chapter. D. The power to lease real property, structures, or both, the mayor deems necessary for the continued operation of city government . E. The power to promulgate rules and orders to implement and clarify the mayoral proclamation exercising emergency power. F. The power to designate persons to coordinate the work of public and private relief agencies operating in the area and exclude from the area, any person or agency refusing to cooperate and work under the coordinator or to coordinate with other agencies engaged in the emergency work. G. The power to regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, eft sale or distribution of food, water, feed, fuel , clothing and other commodities, materials, goods and services . H. The power to order the removal of debris and wreckage which may threaten the public health or safety on public or private property. I . The power to barricade streets and prohibit vehicular traffic, vehicular parking or pedestrian traffic, or regulate the same on any public street within or leading to the area designated as an emergency area for such distance as may be deemed necessary under the circumstances . J. The power to prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area. K. The power to establish a curfew for the designated emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places . L. The power to prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets or public places . M. The power to 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 and the power to order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer. N. The power to establish rent controls and provide temporary or permanent housing by purchase, lease or otherwise and to enter into arrangements necessary to prepare or equip the living units for occupancy. 0. The power to order the evacuation of persons from designated areas as necessary. P. The power to adopt rules for the expeditious issuance of permits necessary to address issues which arise from the emergency or disaster. Q. To the extent sufficient funds are available and budgeted, to redirect city funds to pay expenses incurred as a result of responding to the state of emergency. r R. The power to appropriate or confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. The city shall reimburse the owner within 60 days at the customary value charged for the items during the 90-day period before the declaration of the state of emergency. S . The power to delegate any or all of these duties to the city manager, who may in turn delegate any or all of the duties . 2 . 76 . 050 EFFECTIVE DATE AND TERMINATION OF EMERGENCY POWERS . Proclamations, rules and orders issued pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter shall be effective upon issuance and shall remain in effect until withdrawn by the mayor, the city council or issuing authority. However, these proclamations, rules and orders shall be withdrawn by the mayor or the issuing authority and those acting pursuant to Section 2 . 76 . 030 Section 2 . 76 . 040 of this chapter shall cease to exercise emergency powers at such times as the conditions giving rise to the emergency cease and emergency conditions resulting from the initial condition cease. The city council also may at any regular or special city council meeting rescind, withdraw or terminate any such proclamations, rules and orders . elmk 2 . 76 . 060 PENALTY FOR VIOLATION OF EMERGENCY PROCLAMATION, RULE, OR ORDER. The violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule or order, which proclamation, rule or order is issued pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter shall be subject to fines of not less than $500 . 00 nor more than $2000 . 00 . Each day the violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, or a rule or order issued pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter continues to exist shall constitute a separate and distinct offense . 2 . 76 . 070 SELECTION OF DIRECTOR OF DISASTER SERVICES . The city manager or the city managers designee shall serve as the citys director of disaster eft services . 2 . 76 . 080 GENERAL DUTIES OF DIRECTOR OF DISASTER SERVICES . 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 city' s part in furnishing services in the event of major natural or manmade disasters or emergencies, including, but not limited to, floods, fire, drought, earthquakes, tornadoes, windstorms, 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 this city. Depending on the nature and scope of the disaster and nature and scope of agreements with other public entities, the director of disaster services may coordinate or delegate, or both, the responsibility for the performance and supervision or performance for such duties to other such entities . B . The director of disaster services shall '' assist the mayor in the exercise of emergency powers under Section 2 . 76 . 040 of this chapter. C. The director of disaster services shall act in coordination with the state, county 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 corporation counsel in the planning and exercise of emergency powers . 2 . 76 . 090 EMERGENCY MANAGEMENT PLAN. The director of disaster services shall recommend an emergency operations plan for the city and recommend for adoption by the city council any mutual aid plans and agreements which are deemed essential for the plan. The director of disaster services shall make continuing studies of the need for amendments and improvements in such plans . 2 . 76 . 100 OTHER SPECIFIC POWERS AND DUTIES OF THE (gift DIRECTOR OF DISASTER SERVICES . The director of disaster services shall : A. Request the mayor, when appropriate, to declare a state of emergency as provided in Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter. B. Control and direct emergency training activities . C. Maintain a liaison with other municipal, county, state, regional and federal disaster services agencies . D. Marshall, after the declaration of a state of emergency, all necessary personnel , equipment and supplies from any department of the city to aid in carrying out the emergency operations plan. E . Prepare under the direction of the mayor and in consultation with the corporation counsel , all necessary emergency proclamations, rules and orders, pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter, and implement the emergency management plan. F. Coordinate in consultation with the corporation counsel the drafting of proposed mutual aid agreements . G. Serve as an operations officer for any joint or mutual emergency operation administration. H. Assume other emergency responsibilities as assigned by the mayor or city council . 2 . 76 . 110 OPERATIONAL ORGANIZATION. The operational disaster services organization of the city shall consist of municipal officers and employees who may be designated by the city manager and all volunteer workers . Plans of organization shall substantially conform to recommendations of the federal government and the Illinois Emergency Management Agency. 2 . 76 . 120 EMERGENCY PROCUREMENTS . Notwithstanding any provision of this code to the contrary, the mayor, upon declaration of a state of emergency by proclamation as provided in Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter, may authorize the city manager or the city managers designee, to procure by purchase or lease, such goods and services as are deemed necessary for the city' s emergency response effort . This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate, and without advertisement , for immediate delivery or furnishing. A full-written account of all emergency procurements made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the city manager within thirty (30) days after their procurement, and shall be open to public inspection for a period of at least one year subsequent to the date of the emergency purchases . The city manager shall , within three months of the conclusion of the emergency, formally communicate these emergency expenditures in a full-written account to the city council . 2 . 76 . 130 EMERGENCY INTERIM SUCCESSION OF MAYOR AND CITY MANAGER. Upon written findings by the corporation counsel that the mayor, for any reason, is unable or unavailable to perform the duties of office under this code to declare a state of emergency or during a state of emergency, the duties shall be performed by the mayor pro tem. If circumstances prohibit the city council from convening to appoint a mayor pro tem pursuant to the provisions of Section 2 . 08 . 090 of this code, or if circumstances relating to the disaster or emergency make such a meeting by the city council impracticable, the mayor pro tem for the purposes of this chapter shall be the most senior member of the city council available . The powers of the emergency interim successor to the mayor shall be the same as the mayor and the duration of succession shall be until such time as the mayor or most senior council member is able to perform the duties of office . Upon written findings by the corporation counsel that the city manager, for any reason, is unable or unavailable to perform the duties of office under this code during a state of emergency, the duties shall be performed by one the following persons in the line of succession set forth as follows : 1 . Assistant City Manager; 2 . Fire Chief; 3 . Police Chief ; 4 . General Services Manager. The powers of the emergency interim successor to the city manager shall be the same as the city manager and the duration of succession shall be until such time as the city manager or the highest ranking person in the line of succession is able to perform (oft the duties of office . " Section 3 . The provisions of this ordinance are declared to be severable, and if any section, sentence, clause or phrase of this ordinance shall for any reason beheld invalid or unconstitutional or if the application of this ordinance to any person or circumstances is held invalid or unconstitutional , such decisions shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance. Section 4 . All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: December 15 , 1999 Passed: December 15, 1999 Omnibus Vote : Yeas 7 Nays 0 Recorded: December 16, 1999 eft Published: December 17, 1999 Attest : //4-C2-e-/-i- Dolonna Mecum, City Clerk elk I Ordinance No. G79-99 AN ORDINANCE REPEALING CHAPTER 2 . 72 ENTITLED "EMERGENCY SERVICE AND DISASTER AGENCY" AND AMENDING CHAPTER 2 . 76 ENTITLED "CIVIL EMERGENCIES" , OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, the City of Elgin seeks to prepare for the possibility of the occurrence of disasters or other emergencies to preserve the lives and property of the residents of Elgin and to protect the public peace, health and safety in the event of a disaster or other emergency; and WHEREAS, it is necessary for the City of Elgin to provide for regulations which set forth the responsibilities of the City in the event an emergency or disaster exists within the City; and WHEREAS, the regulations are intended to reduce the vulnerability of the City to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies and to assign authority and responsibilities in the event of an emergency or disaster; and WHEREAS, the City of Elgin, Illinois is an Illinois home rule municipal corporation as provided for in Article VII , Section 6 of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function relating to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; and WHEREAS, providing for regulations and responsibilities in the city in the event of an emergency or disaster within the city pertains to the city government and affairs . NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 2 . 72 of the Elgin Municipal Code, 1976 , as amended, entitled Emergency Service and Disaster Agency is hereby repealed in its entirety. Section 2 . That Chapter 2 . 76 entitled Civil Emergencies of the Elgin Municipal Code, 1976 , as amended, is hereby amended in its entirety to read as follows : "CHAPTER 2 . 76 EMERGENCY AND DISASTER PLANNING AND RESPONSE 2 . 76 . 010 PURPOSE AND DECLARATION OF POLICY. This chapter is enacted to set out and clarify the authority of the city and 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. This chapter does not preclude joint or cooperative planning and response efforts with other city, county, state, regional , national and international authorities and bodies . 2 . 76 . 020 DEFINITIONS . When used in this chapter, the terms set forth in this section shall have the following meanings : Disaster. An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural , technological or human-made cause including fire, flood, snowstorm, earthquake, windstorm, wave action, oil spill or other contamination, radioactive incident, epidemic, air contamination, blight, drought , infestation, explosion, riot, hostile or paramilitary action, or structure failure of a dam, building or infrastructure, or other public calamity requiring emergency action. Emergency. Any human-made, technological or natural event or circumstance causing or threatening loss of life, injury to persons or property, human suffering or financial loss including but not limited to fire, explosion, flood, severe weather, drought , earthquake, volcanic activity, spills or releases of petroleum products or other hazardous material , contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot , sabotage and war. State of Emergency. A situation which involves an emergency or a disaster. 2 . 76 . 030 PROCLAMATION OF EMERGENCY . Whenever a disaster or emergency exists, the mayor may by written proclamation declare a state of emergency after signing, under oath, a statement finding that conditions constituting a disaster or emergency exist , setting forth facts to substantiate such findings and describing the nature of the emergency. Such statement shall be filed with the city clerk as soon as practicable . 2 . 76 . 040 MAYORS POWER DURING EMERGENCY . Notwithstanding any provisions of this code to the contrary, when the mayor by proclamation declares a state of emergency, the mayor may govern the city by proclamation, and exercise through the assistance of the city manager and in consultation with the corporation counsel , all emergency powers, including but not limited to, all of the following : A. The power to direct emergency response activities by city 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 letting might cause serious loss or injury to the city, upon following the procedures of Section 2 . 76 . 120 of this chapter. C. The power to purchase or lease goods and services the mayor deems necessary to the city' s emergency response or for the repair of city facilities, or both, upon following the procedures of Section 2 . 76 . 120 of this chapter. D. The power to lease real property, structures, or both, the mayor deems necessary for the continued operation of city government . E . The power to promulgate rules and orders to implement and clarify the mayoral proclamation exercising emergency power. F . The power to designate persons to coordinate the work of public and private relief agencies operating in the area and exclude from the area, any person or agency refusing to cooperate and work under the coordinator or to coordinate with other agencies engaged in the emergency work. G. The power to regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, water, feed, fuel , clothing and other commodities, materials, goods and services . H. The power to order the removal of debris and wreckage which may threaten the public health or safety on public or private property. I . The power to barricade streets and prohibit vehicular traffic, vehicular parking or pedestrian traffic, or regulate the same on any public street within or leading to the area designated as an emergency area for such distance as may be deemed necessary under the circumstances . J. The power to prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area . K. The power to establish a curfew for the designated emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places . L. The power to prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets or public places . M. The power to 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 and the power to order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer. N. The power to establish rent controls and provide temporary or permanent housing by purchase, lease or otherwise and to enter into arrangements necessary to prepare or equip the living units for occupancy. 0. The power to order the evacuation of persons from designated areas as necessary. P. The power to adopt rules for the expeditious issuance of permits necessary to address issues which arise from the emergency or disaster. Q. To the extent sufficient funds are available and budgeted, to redirect city funds to pay expenses incurred as a result of responding to the state of emergency. R. The power to appropriate or confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. The city shall reimburse the owner within 60 days at the customary value charged for the items during the 90-day period before the declaration of the state of emergency. S . The power to delegate any or all of these duties to the city manager, who may in turn delegate any or all of the duties . 2 . 76 . 050 EFFECTIVE DATE AND TERMINATION OF EMERGENCY POWERS . Proclamations, rules and orders issued pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter shall be effective upon issuance and shall remain in effect until withdrawn by the mayor, the city council or issuing authority. However, these proclamations, rules and orders shall be withdrawn by the mayor or the issuing authority and those acting pursuant to Section 2 . 76 . 030 Section 2 . 76 . 040 of this chapter shall cease to exercise emergency powers at such times as the conditions giving rise to the emergency cease and emergency conditions resulting from the initial condition cease . The city council also may at any regular or special city council meeting rescind, withdraw or terminate any such proclamations, rules and orders . 2 . 76 . 060 PENALTY FOR VIOLATION OF EMERGENCY PROCLAMATION, RULE, OR ORDER. The violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule or order, which proclamation, rule or order is issued pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter shall be subject to fines of not less than $500 . 00 nor more than $2000 . 00 . Each day the violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, or a rule or order issued pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter continues to exist shall constitute a separate and distinct offense . 2 . 76 . 070 SELECTION OF DIRECTOR OF DISASTER SERVICES . The city manager or the city managers designee shall serve as the citys director of disaster services . f 2 . 76 . 080 GENERAL DUTIES OF DIRECTOR OF DISASTER SERVICES . 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 city' s part in furnishing services in the event of major natural or manmade disasters or emergencies, including, but not limited to, floods, fire, drought , earthquakes, tornadoes, windstorms, 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 this city. Depending on the nature and scope of the disaster and nature and scope of agreements with other public entities, the director of disaster services may coordinate or delegate, or both, the responsibility for the performance and supervision or performance for such duties to other such entities . B. The director of disaster services shall assist the mayor in the exercise of emergency powers under Section 2 . 76 . 040 of this chapter. C. The director of disaster services shall act in coordination with the state, county 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 corporation counsel in the planning and exercise of emergency powers . 2 . 76 . 090 EMERGENCY MANAGEMENT PLAN. The director of disaster services shall recommend an emergency operations plan for the city and recommend for adoption by the city council any mutual aid plans and agreements which are deemed essential for the plan. The director of disaster services shall make continuing studies of the need for amendments and improvements in such plans . 2 . 76 . 100 OTHER SPECIFIC POWERS AND DUTIES OF THE DIRECTOR OF DISASTER SERVICES . The director of disaster services shall : A. Request the mayor, when appropriate, to declare a state of emergency as provided in Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter . B . Control and direct emergency training activities . C . Maintain a liaison with other municipal , county, state, regional and federal disaster services agencies . D. Marshall , after the declaration of a state of emergency, all necessary personnel , equipment and supplies from any department of the city to aid in carrying out the emergency operations plan. E . Prepare under the direction of the mayor and in consultation with the corporation counsel , all necessary emergency proclamations, rules and orders, pursuant to Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter, and implement the emergency management plan. F. Coordinate in consultation with the corporation counsel the drafting of proposed mutual aid agreements . G. Serve as an operations officer for any joint or mutual emergency operation administration. H. Assume other emergency responsibilities as assigned by the mayor or city council . 2 . 76 . 110 OPERATIONAL ORGANIZATION. The operational disaster services organization of the city shall consist of municipal officers and employees who may be designated by the city manager and all volunteer workers . Plans of organization shall substantially conform to recommendations of the federal government and the Illinois Emergency Management Agency. 2 . 76 . 120 EMERGENCY PROCUREMENTS . Notwithstanding any provision of this code to the contrary, the mayor, upon declaration of a state of emergency by proclamation as provided in Section 2 . 76 . 030 and Section 2 . 76 . 040 of this chapter, may authorize the city manager or the city managers designee, to procure by purchase or lease, such goods and services as are deemed necessary for the city' s emergency response effort . This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate, and without advertisement , for immediate delivery or furnishing . A full-written account of all emergency procurements made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the city manager within thirty (30) days after their procurement , and shall be open to public inspection for a period of at least one year subsequent to the date of the emergency purchases . The city manager shall , within three months of the conclusion of the emergency, formally communicate these emergency expenditures in a full-written account to the city council . 2 . 76 . 130 EMERGENCY INTERIM SUCCESSION OF MAYOR AND CITY MANAGER. Upon written findings by the corporation counsel that the mayor, for any reason, is unable or unavailable to perform the duties of office under this code to declare a state of emergency or during a state of emergency, the duties shall be performed by the mayor pro tem. If circumstances prohibit the city council from convening to appoint a mayor pro tem pursuant to the provisions of Section 2 . 08 . 090 of this code, or if circumstances relating to the disaster or emergency make such a meeting by the city council impracticable, the mayor pro tem for the purposes of this chapter shall be the most senior member of the city council available . The powers of the emergency interim successor to the mayor shall be the same as the mayor and the duration of succession shall be until such time as the mayor or most senior council member is able to perform the duties of office . Upon written findings by the corporation counsel that the city manager, for any reason, is unable or unavailable to perform the duties of office under this code during a state of emergency, the duties shall be performed by one the following persons in the line of succession set forth as follows : 1 . Assistant City Manager; 2 . Fire Chief; 3 . Police Chief ; 4 . General Services Manager . The powers of the emergency interim successor to the city manager shall be the same as the city manager and the duration of succession shall be until such time as the city manager or the highest ranking person in the line of succession is able to perform the duties of office . " Section 3 . The provisions of this ordinance are declared to be severable, and if any section, sentence, clause or phrase of this ordinance shall for any reason beheld invalid or unconstitutional or if the application of this ordinance to any person or circumstances is held invalid or unconstitutional , such decisions shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance . Section 4 . All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 15, 1999 Passed: December 15, 1999 Omnibus Vote : Yeas 7 Nays 0 Recorded: December 16, 1999 Published: December 17 , 1999 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk I:7 `�.t OF Et. 04 '�~ City of Elgin Agenda Item No. n°kiTEDc06 III November 17, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Proposed Emergency and Disaster Planning Ordinance PURPOSE The purpose of this memorandum is to provide to the Mayor and members of the City Council' -.information regarding a proposed emergency and disaster planning ordinance that will enhance the ability of the Mayor and City Manager to effectively manage the - City in the event of a natural disaster or other similar emergency.. _ BACKGROUND The Elgin Municipal Code currently has two chapters addressing 111 emergencies and natural disasters . Chapter 2 . 72 creates an Emergency Service and Disaster Agency which is intended to operate during emergencies to minimize risk, injury and damage resulting from a natural or manmade disaster. Chapter 2 . 76 prescribes the Mayor' s power to govern by proclamation during an emergency or natural disaster. The current Chapter 2 . 72 of the Elgin Municipal Code provides for the City'=s Emergency Service and Disaster Agency. - The Emergency Service and Disaster Agency consists of a coordinator appointed by the City Manager and such additional personnel as may be selected by the coordinator. This system of emergency services is based upon the now-antiquated civil defense system of management for responding to emergencies . Such a system has been superceded by the Emergency Management System of Disaster Management which utilizes an emergency operations plan describing the organization, mission and functions of the government and its supporting services for responding to and recovering from disasters . The current Chapter 2 . 76 of the Elgin Municipal Code provides for the definition of Civil Emergencies and the Mayor' s power to proclaim an emergency. The definition of a civil emergency and the Mayor' s powers to issue emergency orders in response to such emergencies are rather limited in the current ordinance. III 111 Emergency and Disaster Planning Ordinance Page 2 November 17, 1999 The Fire Chief has analyzed the City' s current emergency management ordinances and has determined that substantial revisions are . necessary to provide the City with the currently recognized levels of emergency management capability. The proposed ordinance revisions are designed to furnish the City with the necessary management tools for effectively managing emergencies from natural or manmade disasters to civil disturbances . Attached is a proposed emergency and disaster planning ordinance which is derived from a model emergency and disaster planning and response ordinance drafted by the International Municipal Lawyers Association. The principal drafter of that model ordinance served as the City Attorney for Des Moines, Iowa when that city experienced record flooding in 1993. The proposed ordinance adopts • the widely accepted reasoning recognizing that swiftness and flexibility are the key considerations in implementing emergency - - _ response and that the greater the concentration of decision-making authority under the emergency response ordinance, the greater the chances that key considerations will be addressed. Under the proposed ordinance, the City Manager or her designee is charged • with the incident management of any emergency. The Manager, in turn, then makes recommendations to the Mayor regarding the issuance of proclamations to address the wide ranging issues posed by the particular emergency. The proposed ordinance repeals Chapter 2 . 72 of the Elgin Municipal Code entitled "Emergency Services and Disaster Agency" and amends Chapter 2 . 76 to provide for a more expanded definition of civil emergencies, expanded Mayoral powers_..during_ s.uch emergencies, .and designates the City Manager as the Director of Disaster Services . The proposed ordinance may be summarized as follows : ► The definitions of "disaster" and "emergency" have been broadened to include nearly any conceivable calamity. ► The scope of the Mayor' s powers during an emergency have • been enhanced in keeping with the accepted reasoning emphasizing fluid and expeditious decision making during emergencies . ► The Mayor may delegate his enumerated duties during an emergency to the City Manager. 111 • Emergency and Disaster Planning Ordinance Page 3 November 17 , 1999 ► The City' s Emergency Services Disaster Agency is repealed and instead the City Manager is designated as the City' s Director of Disaster Services . The Director of Disaster Services is responsible for creating and recommending to the City Council the City' s Emergency Management Plan. The Director of Disaster Services is also required to make continuing studies of the need for amendments and improvements of such plans . ► The Mayor may authorize the City Manager or the City Manager' s designee to make emergency procurements following a Mayoral declaration of an emergency. A full written account of all emergency procurements must be made to the City Council within three months of the conclusion of the emergency. ► The Mayor may issue emergency proclamations that are effective until withdrawn by the Mayor (rather than for a maximum of 48 hours) . 111 ► The City Council, during any regular or special City Council meeting, may rescind, withdraw or terminate any emergency proclamation, rule or order issued by the Mayor. ► The emergency interim succession of the Mayor and City Manager is provided for in the event either person is unable_ to perform _the.., duties of office . during _ an emergency. The Emergency Management Plan contemplated in the proposed ordinance is under development by the Fire Chief. The Emergency Management Plan is based upon an incident management system developed by the National Fire Service Incident Management System Consortium and will provide for a complete, functional command organization designed to allow for a single, multi-department or multi-jurisdiction use to increase the effectiveness of command safety. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . Emergency and Disaster Planning Ordinance Page 4 November 17, 1999 C(7,— FINANCIAL IMPACT None. imiekeLEGAL IMPACT None. ALTERNATIVES The City Council may choose not to adopt the proposed ordinance, keeping in effect the current Emergency Service and Disaster Agency and the emergency powers codified in Chapter 2 . 72 and 2 . 76 of the • Elgin Municipal Code . RECOMMENDATION It is recommended that the City Council adopt the proposed emergency and disaster planning ordinance to enhance the ability of III the Mayor and City Manager to effectively manage the City in the event of a natural disaster or other similar emergency. Respectfully submitted, )„,,...r.......,.;_, A , ILL„,..._ . /- 55 , Joyce A. Parker City Manager WAC/mg Attachment S