Chapter 2-88
CIVIL EMERGENCIES

Sections:

2-88-010    Definitions.

2-88-020    Declaration.

2-88-030    Curfew.

2-88-040    Special orders.

2-88-050    Period of effectiveness.

2-88-060    Notification.

2-88-070    Violation—Penalty.

2-88-080    Construction.

2-88-010 Definitions.

A “civil emergency” is defined to be:

1.    A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law; or

2.    Any natural disaster or manmade calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

“Curfew” is defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city, excepting officials of any governmental unit and persons officially designated to duty with reference to said civil emergency. (Prior code § 8-17-1)

2-88-020 Declaration.

Whenever an emergency, as defined in Section 2-88-010 of this chapter exists, the mayor shall declare the existency by means of a written declaration setting forth the facts which constitute the emergency. (Prior code § 8-17-2)

2-88-030 Curfew.

After proclamation of a civil emergency by the mayor, he may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interests of the public safety and welfare. (Prior code § 8-17-3)

2-88-040 Special orders.

After the proclamation of a civil emergency, the mayor may also in the interest of public safety and welfare make any or all of the following orders:

A.    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;

B.    Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;

C.    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.    Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever;

E.    Issue such other orders as are imminently necessary for the protection of life and property. (Prior code § 8-17-4)

2-88-050 Period of effectiveness.

The proclamation herein authorized shall be effective for a period of forty-eight (48) hours unless sooner terminated by a proclamation of the mayor indicating that the civil emergency no longer exists. The mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty-eight (48) hour period during the time the said civil emergency exists. (Prior code § 8-17-5)

2-88-060 Notification.

Upon issuing the proclamation herein authorized, the chief of police shall notify the news media situated within the city, and shall cause three copies of the proclamation declaring the existence of the emergency to be posted at the following places within the city: the city hall, the police station and the post office. (Prior code § 8-17-6)

2-88-070 Violation—Penalty.

Any person violating the provisions of this chapter or executive order issued pursuant thereto shall be guilty of an offense against the city, and shall be punishable by a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; prior code § 8-17-7)

2-88-080 Construction.

That nothing contained in this chapter shall be construed to impair the powers contained in the Municipal Code of the City of Harvey, Illinois, giving powers to the police and fire departments, but shall be construed together with existing chapters now in effect for the safety and welfare of the citizens of the city. (Prior code § 8-17-9)