§ 8-1. Civil emergencies.

(a)

The following provision shall constitute standards and definitions for determining when a state of emergency exists in the village within the provisions of this section and for the exercise by the village president of the extraordinary power and authority hereby granted in case of the existence of such a state of emergency:

(1)

Any natural disaster or manmade calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the village 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; or

(2)

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 (3) or more persons acting together without authority of law.

The word "curfew" is hereby defined as a prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the village, except officials of any governmental unit and persons officially designated to duty with reference to a state of emergency duly declared by executive order under this section.

(b)

Whenever a state of emergency exists, the village president shall declare the existence thereof by means of a written executive order containing a statement signed by the village president, under oath, finding that one (1) of the foregoing standards have been met for the determination of a state of emergency, 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. The village president may exercise the extraordinary power and authority herein granted when such a state of emergency exists but not until after the signing, under oath, of the foregoing required statement. A state of emergency shall expire not later than the adjournment of the first regular meeting of the corporate authorities of this village after the state of emergency is declared.

(c)

After declaring a state of emergency, the village president may order a general curfew applicable to such geographical areas of the village or to the village as a whole, as he deems reasonably necessary to respond to the emergency, and applicable during such hours of the day or night as he deems necessary in the interests of the public safety and welfare.

(d)

After the declaration of a state of emergency, the village president may also in the interest of public safety and welfare make any or all of the following orders, as he may deem reasonably necessary to respond to the emergency:

(1)

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.

(2)

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

(3)

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.

(4)

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

(5)

Issue such other orders as are imminently necessary for the protection of life and property.

(e)

The declaration of a state of emergency by executive order herein authorized shall be effective until the adjournment of the first regular meeting of the corporate authorities after such declaration, unless sooner terminated by a proclamation of the village president indicating that the state of emergency no longer exists. The village president shall have the power to declare, by executive order, the existence of a state of emergency at the end of the period covered by a previous executive order, if a state of emergency continues to exist, upon a new compliance with all of the requirements stipulated in subsection (b) above.

(f)

Upon issuing an executive order as herein authorized, the chief of police shall notify the news media, situated within the village, and shall cause three (3) copies of the executive order declaring the existence of the emergency to be posted at the following places within the village: the municipal building, the post office, and at or near the Metra passenger depot of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company.

(g)

Any person violating the provisions of this section or an executive order issued pursuant hereto shall be guilty of an offense.

(Code 1977, § 2.15)

State law reference

Emergency powers of village president, 65 ILCS 5/3-12-2, 5/11-1-6.