Chapter 2.132
STATE OF EMERGENCY
Sections:
2.132.010 Power and authority.
2.132.020 Statement – Expiration.
2.132.040 Ratification – Extension.
2.132.010 Power and authority.
Pursuant to 65 ILCS 5/11-1-6 the corporate authorities hereby grant to the village president the extraordinary power and authority to exercise, by executive order, during a state of emergency, such powers of the corporate authorities as may be reasonably necessary to respond to the emergency to ensure residents and visitors in the village remain safe and secure. The village president may determine a state of emergency exists, when: (A) the President of the United States of America declares a national state of emergency; (B) the Governor of the state of Illinois declares a state of emergency; (C) the World Health Organization declares a pandemic; (D) 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 exists; or (E) any natural disaster, epidemic, or manmade calamity, including outbreak of disease, flood, conflagration, cyclone, tornado, earthquake or explosion, or imminent threat of any of those events within the corporate limits of the village exists, resulting in or threatening 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. (Ord. 2020-07 § 2, 2020)
2.132.020 Statement – Expiration.
The village president shall not exercise such extraordinary power and authority except after signing, under oath, a statement finding that such standards have been met, setting forth facts to substantiate such findings, describing the nature of the emergency, and declaring that a state of emergency exists. Such statement shall be filed with the village clerk as soon as practicable. A state of emergency shall expire not later than the adjournment of the first regular meeting of the corporate authorities after the state of emergency is declared. (Ord. 2020-07 § 3, 2020)
2.132.030 Posting.
The village clerk is hereby directed to post as soon as practicable the declaration of a state of emergency on the village’s website as well as at public buildings and other locations determined by the village clerk and provide a copy to the news media situated in the village. (Ord. 2020-07 § 4, 2020)
2.132.040 Ratification – Extension.
At the first regular meeting of the corporate authorities after a state of emergency is declared, the corporate authorities may ratify the actions taken by the village president during the state of emergency, and determine whether the state of emergency should continue and any extension of the village president’s temporary extraordinary powers. (Ord. 2020-07 § 5, 2020)
2.132.050 Actions.
After the declaration of a state of emergency, the village president may, in the interest of public safety and welfare, address the issues caused or threatened by the emergency, and make or take any or all of the following actions by executive order during the state of emergency:
A. All actions reasonably necessary to respond to the emergency;
B. Approve previously appropriated expenditures of the village for the purpose of continuing the operations of the municipality;
C. In the event the state of emergency extends beyond the current fiscal year and a new budget has not been approved, the village president shall be authorized to approve new spending by the village during the existence of the state of emergency;
D. Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor, beer and wine is permitted;
E. Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;
F. Order the discontinuance of selling, distributing or giving away gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
G. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever; and/or
H. Suspend the application of the village’s purchasing requirements. (Ord. 2020-07 § 6, 2020)
2.132.060 Implementation.
The village president and such necessary officials and officers of the village are hereby authorized and directed to take such actions as permitted by applicable law necessary to implement this chapter and to enforce any declaration of a state of emergency. (Ord. 2020-07 § 7, 2020)