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HomeMy WebLinkAboutG79-99 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