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HomeMy WebLinkAboutORDINANCE - 2620 - 3/10/1998 - CIVIL DEFENSE AGENCYORDINANCE NO. 2620 AN ORDINANCE RESCINDING ORDINANCE NO. 2247 AND AMENDING, IN ITS ENTIRETY, TITLE 2, CHAPTER 6, CIVIL DEFENSE AGENCY, OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 6, Civil Defense Agency, of Title 2, is amended in its entirety to read as set forth and attached hereto and made a part hereof. Section 2: That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 10th day of March , 1998. APPROVED this 10th day of March , 1998. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk PUBLISHED this 13th day of March 1 1998, in pamphlet form. 2-6-1. AGENCY ESTABLISHED: There is hereby created the Elk Grove Village Emergency Management Agency to prevent, minimize, repair and alleviate injury or damage resulting from natural or man-made disaster, or disaster caused by enemy attack, sabotage, or other hostile action in accordance with the "Illinois Emergency Management Act of 1992" (P.A. 87-168). 2-6-2. COMPOSITION: The Village President, as executive head of the municipal government, shall be responsible for the organization, administration, and operation of the Emergency Management Agency. The Agency shall consist of the following: A. An office of Emergency Management within the executive department of the Village government and under the direction of the Village President; a position of Director to be held by the Village Manager; a position of Coordinator to be held by the Fire Chief; and such assistants and other employees as deemed necessary for the proper functioning of the agency. B. The employees, equipment, and facilities of all Village departments, boards, institutions, and commissions will participate in the emergency management activity. Duties assigned to a Village department shall be the same or similar to the normal duties of the department. C. Volunteer individuals and agencies offering service to, and accepted by, the Village. 2-6-3. DIRECTOR: A. Duties: Under the supervision of the Village President, the Director shall have the responsibility for the management of the Emergency Management Agency, to include the Coordinator and support staff. B. Vacancy in Office: In the event of the absence, resignation, death, or inability to serve as the Director of Emergency Management, the Village President or individual designated by the Village President, shall be and act as Director until a new appointment is made as provided in this Chapter. 2-6-4. COORDINATOR: A. Duties: Under the supervision of the Village President and the Village Manager/Director of Emergency Management, the Coordinator shall have direct responsibility for the planning, coordination, and operation of the emergency management activity in the Village. The Coordinator shall maintain liaison with the State and Federal authorities and the authorities of other nearby political subdivisions to ensure the most effective operation of the Emergency Operations Plan. The Coordinator's duties shall include, but not be limited to, the following: Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Village for Emergency Management purposes. MuniCode EMA.doc 2. Development and coordination of plans for the immediate use of all Village facilities, equipment, manpower, and other resources for the purposes of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety, and welfare. 3. Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for emergency management purposes, and designating suitable buildings as public shelters. 4. Conducting public practice alerts to insure the efficient operation of emergency management regulations, procedures, and operations. 5. Coordinating the activity of all other public and private agencies engaged in any emergency management activity. 6. Assuming such authority and conducting such activity as the Village President may direct to promote and execute the Emergency Operations Plan. B. Vacancy in Office: In the event of the absence, resignation, death, or inability to serve as the Coordinator, the Village President or any person designated by the Village President, shall be and act as Coordinator until a new appointment is made as provided in this Chapter. 2-6-5. FUNCTIONS: The Elk Grove Village Emergency Management Agency shall perform such emergency management functions within the Municipality as shall be prescribed in and by the Illinois Emergency Management Agency Emergency Operations Plan and program and such orders, rules, and regulations as may be promulgated by the Governor. In addition, it shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement entered into with any other political subdivision, municipality, or quasi -municipality as provided by the Illinois Emergency Management Act of 1992. 2-6-6. SERVICE AS MOBILE SUPPORT TEAM: All or any members of the Emergency Management Agency may be designated as members of a mobile support team created by the State Director of the Illinois Emergency Management Agency as provided by law. The leader of such mobile support team shall be designated by the Director of the Elk Grove Village Emergency Management Agency. Any member of a mobile support team who is a Municipal employee or officer while serving on call to duty by the Governor or the State Director of the Illinois Emergency Management Agency, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Municipality, while so serving, shall receive from the State reasonable compensation as provided by law. MuniCode EMA.doc 2-6-7. AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS: The Coordinator of the Emergency Management Agency may negotiate mutual aid agreements with other municipal corporations or political subdivisions of the State, but no such agreement shall be effective until it has been approved by the President and Board of Trustees and by the State Director of the Illinois Emergency Management Agency. 2-6-8. EMERGENCIES, ACTION, ABILITY OF VILLAGE GOVERNMENT TO FUNCTION: A. Emergency Action: If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action or from man-made or natural disaster, it shall be the duty of the Elk Grove Village Emergency Management Agency to cooperate fully with the Illinois Emergency Management Agency and with the Governor in the exercise of emergency powers as provided by law. Emergency Powers and Duties: The Village President may exercise the emergency power and authority necessary to fulfill his general powers and duties as defined in Village ordinance. The judgement of the Village President shall be the sole criteria necessary to invoke emergency powers provided by ordinance and other appropriate authorities. The Board of Trustees may convene to perform its legislative and administrative powers as the situation demands and shall receive reports relative to emergency management activities. Nothing in this Chapter shall be construed as abridging or curtailing the powers or restrictions of the Board of Trustees. During any period when disaster threatens or when the Village has been struck by disaster, within the definition of this Chapter, the Village President or the Village Manager/Director of the Emergency Management Agency may promulgate such regulations as deemed necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following: 1. Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management personnel or to facilitate the mass movement of persons from critical areas within or without the Village. 2. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. 3. Such other regulations necessary to preserve public peace, health, and safety. 4. Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and expressed by newspaper, radio, and televised media. C. Emergency Locations: Governmental Powers: Whenever, due to an emergency resulting from the effects of natural or man-made disaster or hostile act or the anticipated effects thereof, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places, the Village Board may meet at any place within or without the Village limits on the call of the presiding officer or any two (2) MuniCode EMA.doc members of such governing body and shall proceed to establish and designate by ordinance, resolution, or other manner alternate or substitute sites or places as the emergency temporary location or locations of government where all, or any part of, the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of the Village and may be within or without this State. During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of the Village shall have and possess and shall exercise, at such location or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time- consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be valid and binding as if performed within the territorial limits of their Village. D. Continuity in Office: In the event that, at the time or as a consequence of any disaster or occurrence described in this Chapter, the Village President and his three (3) successors on file with the Village shall be absent, killed, or rendered incapable of performing the duties of such office, such office shall be filled until such time as a successor can be selected in the manner prescribed by law, in the following line of succession: the remaining members of the Village Board of Trustees based on tenure, the Village Manager/Director of the Emergency Management Agency, the Director of Finance, the Chief of Police, The Fire Chief/Coordinator of the Emergency Management Agency, the Village Clerk. In the event that, at the time or as a consequence of any disaster or occurrence described in this Chapter, the incumbent of any municipal office or position shall be absent, killed, or rendered incapable of performing the duties of such office or position, such office or position shall be filled, until such time as a successor can be selected in the manner prescribed by law, by appointment by the Village President. The Village President shall give due consideration to the list of three (3) successors on file with the Village but is not required to select from said list. 2-6-9. EMERGENCY MANAGEMENT AGENCY AND EMERGENCY OPERATIONS PLAN: A. A comprehensive Emergency Operations Plan shall be adopted and maintained by resolution of the Board of Trustees upon the recommendations of the Village President. In the preparation of this Plan as it pertains to Village organization, it is the intent that the services, equipment, facilities, and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of the Village Manager/Director of the Emergency Management Agency, all departments, and all employees to perform the functions assigned by the Plan and to maintain their portion of the Plan in a current state of readiness at all times. The Emergency Operations Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster has been proclaimed. The Village President shall prescribe in the Emergency Operations Plan those positions within the disaster organization, in addition to his own, for which lines of succession are MuniCode EMA.doc necessary. In each instance, the responsible person will designate and keep on file with the Village a current list of three (3) persons as successors to the position. The list will be in order of succession and will as nearly as possible designate persons best capable of carrying out all assigned duties and functions. C. Each department head assigned responsibility in the Emergency Operations Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned Village employees and volunteers. Each department head shall formulate the operational plan for their department which, when approved, shall be an annex to and part of the Emergency Operations Plan. D. Amendments to the Emergency Operations Plan shall be submitted to the Village President. If approved, the Village President will submit the amendments to the Board of Trustees with recommendations for approval. Such amendments shall take effect ten (10) days from the date of approval unless action is taken by the Board of Trustees disapproving the Village President's submission. In the event an amendment is pending at the time that a disaster is proclaimed under provisions of this Chapter, the amendment will remain effective unless specifically revoked by the Board of Trustees. E. When a required competency or skill for a disaster function is not available within the Village government, the Village President is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after a disaster. The Village may accept such services from persons outside of government on a volunteer basis. Such persons shall be enrolled as emergency management volunteers in cooperation with the heads of departments affected. Some of the duties ascribed to the Village President in this Section will ordinarily be handled as a matter of routine by the Emergency Management Agency's Director or Coordinator, but the responsibility and authority stem from and remain with the Village President. 2-6-10. COMPENSATION: Members of the Elk Grove Village Emergency Management Agency who are employees or officers of the Municipality, if called for training by the State Director of the Illinois Emergency Management Agency, shall receive for time spent in such training the same rate of pay as is attached to the position held; members who are not Municipal employees or officers shall receive for such training time such compensation as may be established by the Village President and Board of Trustees. 2-6-11. REIMBURSEMENT BY STATE: The State treasurer may receive and allocate to the appropriate fund any reimbursement by the State to the Municipality for expenses incident to training members of the Elk Grove Village Emergency Management Agency as prescribed by the State Director of the Illinois Emergency Management Agency, compensation for services and expenses of members of a mobile support team while serving outside the Municipality in response to a call by the Governor or State Director of the Illinois Emergency Management Agency, as provided by law, and any other reimbursement made by the State incident to emergency management activities as provided by law. MuniCode EMA.doc 2-6-12. PURCHASES AND EXPENDITURES: The Village President and Board of Trustees may, or recommendation of the Coordinator of the Emergency Management Agency, authorize any purchase or contracts necessary to place the Municipality in a position to more effectively combat any disaster and to protect the public health and safety, protect property, and provide emergency assistance to disaster victims. In the event of disaster, the Coordinator of the Emergency Management Agency is authorized on behalf of the Municipality to procure such services, supplies, equipment, or material as may be necessary for such emergency management purposes, in view of the crisis, without regard to statutory procedures or formalities normally prescribed by law pertaining to Municipal contracts or obligations as authorized by the Illinois Emergency Act of 1992, provided that if the Village President and Board of Trustees meet at such time, the Coordinator shall be subject to the directions and restrictions imposed by that body. 2-6-13. OATH: Every person appointed to serve in any capacity in the Municipal Emergency Management Agency shall, before entering upon their duties, subscribe to the following oath, which shall be filed with the Director of the Emergency Management Agency: " 1, , a member of the Elk Grove Village Emergency Management Agency, do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies foreign and domestic; that I will take this obligation freely, without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter, and I do further swear (or affirm) that I do not advocate, nor am I nor have I ever been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the Elk Grove Village Emergency Management Agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence." 2-6-14. OFFICE: The Village President is authorized to designate space in the Village Hall, or elsewhere, as may be provided for by the Village Board to be used as office space for the Elk Grove Village Emergency Management Agency. 2-6-15. APPROPRIATION; LEVY OF TAXES: The Village Board may have an appropriation for emergency management purposes in the manner provided by law and may levy a tax in addition to all other taxes for emergency management purposes pursuant to the Illinois Municipal Code; providing however that any tax rate limitation or any other substantive limitations as to tax levies in the Illinois Municipal Code shall not be applicable since the Village of Elk Grove Village is a home rule municipality. (Ord. 1541, 10-26-82) MuniCode EMA.doc 2-6-16. VIOLATIONS AND PENATLIES: A. Violations: It shall be unlawful for any person to violate any of the provisions of this Chapter or of the regulations or plans issued pursuant to the authority contained herein or to willfully obstruct, hinder, or delay any member of the Emergency Management Agency as herein defined in the enforcement of the provisions of this Chapter or any regulations or plan issued hereunder. Penalties: Any person violating any provisions of this Chapter or any rule or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00), and costs of persecution, or imprisonment for a period of not more than six (6) months, or both such fine and imprisonment, at the discretion of the court. C. Abatement by Iniunction: In addition to the above penalties, the Village may pursue, by injunctive relief, an abatement of any activity by any individual who threatens, interferes, or hampers the enforcement of this Chapter. MuniCode EMA.doc