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HomeMy WebLinkAboutORDINANCE - 1178 - 10/11/1977 - CIVIL DEFENSE COMMISSIONORDINANCE NO. 1178 AN ORDINANCE AMENDING ARTICLE 4, CIVIL DEFENSE COMMISSION OF CHAPTER 7 OF THE MUNICIPAL 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 Article 4, Civil Defense Commission, be and the same is hereby amended in its entirety to read as follows: 7.401 Establishment) There is hereby created the local municipal civil defense agency a/k/a the emergency ser- vices and disaster agency to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or from natural or manmade disaster, in accordance with "The Illinois Emergency Services and Disaster Act of 1975". The Village President, as executive head of the municipal government, shall be responsible for the organization, administration and operation of the civil defense agency. The agency shall consist of the following: (a) An Office of Civil Defense within the executive department of the village government and under the direc- tion of the Village President. There shall be an execu- tive head of the Office of Civil Defense, who shall be known as the Director of the Office of Civil Defense (a/k/a the Coordinator) and such assistants and other employees as are 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 civil defense activity. Duties assigned to a village department shall be the same or sim- ilar to the normal duties of the department. (c) Volunteer persons and agencies offering service to, and accepted by, the village. 7.402 Director) The director of the municipal Civil Defense Agency shall be appointed by the President and Board of Trustees and shall serve until removed by the same. Under the supervision of the Village President, the dir- ector shall have direct responsibility for the planning, coordination and operation of the civil defense activity in the Village. Under the supervision of the Village President, he shall maintain liaison with the state and federal authorities and the authorities of other nereby political subdivisions as to insure the most effective operation of the civil defense plan. His duties shall include, but not be limited to, the following: (a) Coordinating the recruitment of volunteer per- sonnel and agencies to augment the personnel and facil- ities of the Village for civil defense purposes. (b) Development and coordination of plans for the immediate use of all of the facilities, equipment, man- power and other resources of. the Village for the purpose of minimizing or preventing damage to persons and pro- perty; and protecting and restoring to usefulness govern- mental services and public utilities necessary for the public health, safety and welfare. (c) Negotiating and concluding agreements with owners or persons in control of buildings or other pro- perty for the use of such buildings or other property for the civil''defense purposes and designating suitable buildings as public shelters. (d) Conducting public practice alerts to insure the efficient operation of the civil defense regulations, pro- cedures and operations. (e) Coordinating the activity of all other public and private agencies engaged in any civil defense activity. (f) Assuming such authority and conducting such acti- vity as the Village President may direct to promote and execute the civil defense plan. In the event of the absence, resignation, death, or in- ability to serve of the director, the Village President or any person designated by him, shall be and act as director until a new appointment is made as provided in this ordinance. 7.403 Functions) The municipal defense organization shall perform such civil defense functions within the municipality as shall be prescribed in and by the state emergency services and disaster agency plan and program prepared by the Governor, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corpor- ate limits as may be required pursuant to any Mutual Aid agreement with any other political subdivision, muni- cipality or quasi -municipality entered into as provided by "The Illinois Emergency Services and Disaster Act of 1975" as amended. 7.404 Service as Mobile Support Team) All or any mem- bers of the Municipal Civil Defense Agency may be desig- nated as members of a Mobile Support Team created by the State Director of Emergency Services and Disaster Agency as provided by law. The leader of such Mobile Support Team shall be designated by the Director of the Municipal Civil Defense Agency. Any member of a Mobile Support Team is a municipal employee or officer while serving on call to duty by the Governor, or the State Director of Emergency Services and Disaster 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. 7.405 Agreements with other political subdivisions) The Director of the Civil Defense Agency may negotiate Mutual Aid Agreements with other municipal corporations or political - 2 - 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 Emer- gency Services and Disaster Agency. 7.406 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 municipal Civil Defense Agency to cooperate fully with the State Emergency Services and Disaster Agency and with the Governor in the exercise of emergency powers as provided by law. 7.407 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 judgment of the Village President shall be the sole criteria necessary to invoke emergency powers provided by ordinance and other appropriate author- ities. The Board of Trustees may convene to perform its legislative and administrative powers as the situation demands, and shall receive reports relative to civil defense activities. Nothing in this Ordinance 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 Ordinance, the Village President may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following: (a) Regulations prohibiting or restricting the move- ment of vehicles in order to facilitate the work of civil defense forces, or to facilitate the mass movement: of per- sons from critical areas within or without the Village. (b) Regulations pertaining to the movement of per- sons from areas deemed to be hazardous or vulnerable to disaster. (c) Such other regulations necessary to preserve pub- lic peace, health and safety. (d) Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and uttered by newspaper and radio. 7.408 Civil Defense and Disaster Basic Plan) A compre- hensive civil defense and disaster basic 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, equip- ment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all municipal departments and agencies 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 basic plan shall be considered supplementary to this ordinance and have the effect of law whenever a disaster has been proclaimed. - 3 - The Village President shall prescribe in the basic plan those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Village a cur- rent list of three (3) persons as successors to his 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. Each department head assigned responsibility in the basic 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 his department which, when approved, shall be an annex to and a part of the basic plan. Amendments to the basic plan shall be submitted to the Village President. If approved, the Village President will submit the amendments to the Board of Trustees with his recommendations for their approval. Such amendments shall take effect ten (10) days from the date of approval unless action is taken by the Board of Trustees disapprov- ing the Village President's submission. In the event an amendment is pending at the time that a disaster is pro- claimed under provisions of this Ordinance, the amendment will be considered approved immediately and will remain effective unless specifically revoked by the Board of Trustees. 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 the occurrence of a disaster. Such ser- vices from persons outside of government may be accepted by the Village on a volunteer basis. Such persons shall be enrolled as civil defense volunteers in c000_eration 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 Civil Defense Director, but the responsi- bility and authority stem from and remain with the Village President. 7.409 Compensation) Members of the Civil Defense Agency who are paid employees or officers of the municipality, if called for training by the State Director of Emergency Services and Disaster 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 such municipal employees or officers shall receive for such training time such compensation as may be established by the Board of Trustees. 7.410 Reimbursement by State) The State Treasurer may receive and allocate to the appropriate fund any reim- bursement by the State to the municipality for expenses incident to training members of the Civil Defense Agency as prescribed by the State Director of Emergency Services and Disaster Agency, compensation for services and expenses of members of a Mobile Support Team while serving outside - 4 - the municipality in response to a call by the Governor or State Director of Emergency Services and Disaster Agency, as provided by law, and any other reimbursement made by the State incident to civil defense activities as provided by law. 7.411 Purchases and Expenditures) The President and Board of Trustees may, on recommendation of the Director of Civil Defense, authorize any purchase or contracts necessary to place the municipality in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from manmade or natural disaster. In the event of enemy caused or other disaster, the Municipal Director of Civil Defense is authorized on behalf of the municipality to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by law pertaining to municipal contracts or obligations, as authorized by "The State Emergency Services and Disaster Agency Act of 1975", provided that, if the President and Board of Trustees meet at such time, he shall act subject to the directions and restrictions imposed by that body. 7.412 Oath) Every person appointed to serve in any cap- acity in the Municipal Civil Defense Agency shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the director: "I, , a member of the Civil Defense Agency of the Village of Elk Grove Village, 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 any mental reservation or pur- pose of evasion; and that I will well and faithfully dis- charge 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 been a member of any political party or organization that advocates the overthrow of the govern- ment of the United States or of this State by force or violence; and that during such time as I am affiliated with the Civil Defense Agency of the Village of Elk Grove Village, I will not advocate nor become a member of any political party or organization that advocates the over- throw of the government of the United States or of this State by force or violence." 7.413 Office) The Village President is authorized to designate space in the Village Hall or elsewhere, as may be provided for by the Village Board for the Municipal Civil Defense Agency as its office. 7.414 Appropriation - Levy of Taxes) The Village Board may have an appropriation for civil defense purposes in the manner provided by law, and may levy in additon for civil defense purposes only, a tax not to exceed five ($.05) cents per one hundred ($100.00) dollars of the assessed value of all taxable property in addition to all other taxes, as provided by "The Illinois Emergency Services and Disaster Agency Act of 1975"; however, that amount collectable under such levy shall in no event exceed twenty-five ($.25) cents per capita. - 5 - 7.415 Continuity in Office) In the event that at the time or as a consequence of any disaster or occurrence described in this Ordinance the Village President, and his three suc- cessors 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 Board of Trustees based on tenure; the Village Manager; the Director of Finance; the Chief of Police; the Fire Chief; khe Village Clerk; the Civil Defense Director. In the event that at the time or as a consequence of any dis- aster or occurrence described in this Ordinance 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 Pre- scribed by law, by appointment by the Village President. The Village President shall give due consideration to the list of three successors on file with the Village but is not required to select from said list. 7.416 Emergency Locations - Governmental Powers) whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the Village Board may meet as any place within or without the village limits on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordin- ance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location or loca- tions, 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 govern- ing 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. 7.417 Violation of Regulations - Penalty) It shall be unlaw- ful for any person to violate any of the provisions of this Ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the civil defense organization as herein defined in the enforcement of the provisions of this Ordinance or anv regulation or plan issued thereunder. Any person, firm or corporation violating any provisions of this Ordinance, or any rule or regulation promulgated there- under, upon conviction thereof, shall be punished by a fine of not more than Five Hundred ($500.00) Dollars, and costs of prosecution, or imprisonment for a period of not more than Six (6) months, or both such fine and imprisonment, in the discretion of the court. In addition to the above penalties the Village may pursue by injunctive relief, an abatement of any activity by any individual, firm or corporation which threatens, interfers or hampers the enforcement of this Ordinance. Section 2: Should any provisions of this Ordinance be declared invalid for any reason, such declaration shall not affect the validity of other provisions, or this Ordinance as a whole, it being the legislative intent that the provisions of this Ordinance shall be severable and remain valid notwithstanding such declaration. Section 3: At all times when the orders, rules and regulations made and promulgated pursuant to this Ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and regu- lations insofar as the latter may be inconsistent therewith. Section 4: The Village Clerk is hereby directed to publish this Ordinance in pamphlet form. Section 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law VOTES: AYES: 4 NAYS: O ABSENT: 1 ATTEST: Eleanor G. Turner VILLAGE CLERK PASSED this APPROVED this APPROVED: Edward W. Kenna' VILLAGE PRESIDENT Pro -Tem 11th day of October , 1977. 11th day of October 1 1977. PUBLISHED this 19th day of October , 1977, in pamphlet form. - 7 -