G79-99 CITY OF ELGIN
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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.
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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.
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Municipal CI"erk
(SEAL)
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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 .
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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
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