[Adopted 4-8-2002 by Ord. No. 2002-06; amended in its entirety 11-27-2006 by Ord. No.
2006-35]
A.
Because of the possibility of the occurrence of disasters of unprecedented
size and destructiveness resulting from the explosion in this or in
a neighboring municipality of atomic or other means from without,
or by means of sabotage or other disloyal actions within, or from
fire, flood, earthquake, or other natural or man-made causes, and
in order to ensure that the Village will be prepared to and will adequately
deal with any such disasters, preserve the lives and property of the
people of the Village and protect the public peace, health and safety
in the event of such a disaster, it is found and declared to be necessary:
(1)
To create the Village of Bannockburn Emergency Services and Disaster
Agency, as authorized by 20 ILCS 3305/10(b);
(2)
To confer upon the Village President the extraordinary power and
authority set forth under § 11-1-6 of the Illinois Municipal
Code (65 ILCS 5/11-1-6); and
(3)
To provide for the rendering of mutual aid to other cities, villages,
and political subdivisions with respect to the carrying out of emergency
services and disaster operations.
B.
Whenever the Village President determines after an investigation
that a dangerous situation or a potentially dangerous situation exists
which could cause death to individuals or serious injury to property
or the health and welfare of public, the Village President may declare
that a state of emergency exists. This extraordinary power may not
be exercised except after the Village President signs, under oath,
a statement describing the nature of the emergency and declaring that
a state of emergency exists. This statement shall be filed with the
Village Clerk as soon as practical. A state of emergency shall expire
not later than the adjournment of the first regular meeting of the
Village Board after the state of emergency is declared. A subsequent
state of emergency may be declared if necessary.
C.
It is further declared to be the purpose of this article and the
policy of the Village that all emergency management programs of the
Village be coordinated to the maximum extent with the comparable functions
of the federal and state governments, including their various departments
and agencies, of other municipalities and localities and private agencies
of every type, to the end that the most effective preparation and
use may be made of the nation's manpower, resources, and facilities
for dealing with any disaster that may occur.
Nothing in this article shall be construed to:
A.
Interfere with the course of conduct of a private labor dispute,
except that actions otherwise authorized by this article or other
laws may be taken when necessary to forestall or mitigate imminent
or existing danger to public health or safety;
B.
Interfere with dissemination of news or comment on public affairs;
but any communications facility or organization (including but not
limited to radio and television stations, wire services, and newspapers)
may be requested to transmit or print public service messages furnishing
information or instructions in connection with a disaster;
C.
Affect the jurisdiction or responsibilities of police forces, fire-fighting
forces, units of the Armed Forces of the United States, or of any
personnel thereof, when on active duty; but state and local emergency
operations plans shall place reliance upon the forces available for
performance of functions related to disaster emergencies; or
D.
Limit, modify, or abridge the authority of the Village President
and the Village Board to exercise any other powers vested in them
under the Constitution, statutes, or common law of this state, independent
of or in conjunction with any provisions of this article.
As used in this article, unless the context clearly indicates
otherwise, the following words and terms shall have the definitions
hereinafter ascribed:
The staff assistant to the Village President with the duty
of carrying out the requirements of this article.
An occurrence or threat of widespread or severe damage, injury
or loss of life or property resulting from any natural or man-made
cause, including but not limited to fire, flood, earthquake, wind,
storm, hazardous materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination,
blight, extended periods of severe and inclement weather, drought,
infestation, explosion, critical shortages of essential fuels and
energy, riot, or hostile military or paramilitary action. "Disaster"
includes, but is not limited to, all occurrences and threats thereof
which are contemplated by the concept of "emergency services" and
"disaster operations."
The functions created in accordance with the provisions of
this article to be performed by the Village in cooperation with other
political subdivisions to alleviate the effects of a disaster.
The efforts of the Village to develop, plan, analyze, conduct,
implement and maintain programs for disaster mitigation.
The written plan of the Village describing the organization,
mission and functions of the government and supporting services for
responding to and recovering from disasters.
The preparation for and the carrying out of such functions,
other than functions for which military forces are primarily responsible,
as may be necessary or proper to prevent, minimize, repair and alleviate
injury and damage resulting from disasters caused by fire, flood,
earthquake, or other man-made or natural causes. These functions include,
without limitation, fire-fighting services, police services, emergency
aviation services, medical and health services, rescue, engineering,
warning services, communications, radiological, chemical and other
special weapons defense, evacuation of persons from stricken areas,
emergency assigned functions of plant protection, temporary restoration
of public utility services and other functions relating to civilian
protection, together with all other activities necessary or incidental
to protecting life and property.
Any county, city, village, or incorporated town or township
if the township is in a county having a population of more than 2,000,000.
A.
There is hereby created the Village of Bannockburn Emergency Services
and Disaster Agency and a Coordinator of the Village of Bannockburn
Emergency Services and Disaster Agency, herein called the "Coordinator,"
who shall be the head thereof. The Coordinator shall be appointed
by the Village President with the advice and consent of the Village
Board. The Coordinator shall serve at the pleasure of the Village
President.
B.
The Village of Bannockburn Emergency Services and Disaster Agency
shall obtain, with Village Board approval, such technical, clerical,
stenographic and other administrative personnel, and may make such
expenditures within their appropriation therefor as may be necessary
to carry out the purpose of this article.
C.
The Coordinator, subject to the direction and control of the Village
President, shall be the executive head of the Village of Bannockburn
Emergency Services and Disaster Agency, and shall be responsible,
under the direction of the Village President, for carrying out the
program for emergency services and disaster operations of the Village.
The Coordinator shall coordinate the activities of all organizations
for emergency services and disaster operations within the Village
and shall maintain liaison, and cooperate, with the civil defense
and emergency management agencies and organizations of Lake County,
other counties and municipalities, and of the federal and state government.
In the event of the absence, resignation, death, or inability to serve
of the Coordinator, the Village President, or any persons designated
by him or her, shall be and act as Coordinator until a new appointment
is made as provided in this article.
D.
The Village of Bannockburn Emergency Services and Disaster Agency
shall take an integral part in the development and revision of the
local emergency operations plan.
E.
In the development of the emergency operations plan, the Village
of Bannockburn Emergency Services and Disaster Agency shall interrelate
with business, labor, industry, agriculture, civic and volunteer organizations,
and community leaders.
F.
The Village of Bannockburn Emergency Services and Disaster Agency
shall:
(1)
Determine the requirements of the Village of Bannockburn for food,
water, shelter, clothing and other necessities in the event of an
emergency.
(2)
Develop an emergency operations plan that meets the standards promulgated
by the Illinois Emergency Management Agency.
(3)
Biannually review and revise the local emergency operations plan.
(4)
Establish a registry of persons with types of training and skills
in emergency prevention, preparedness, response and recovery.
(5)
Establish a registry of government and private response resources
available for use in a disaster.
(6)
Prepare, for issuance by the Village President and approval of the
Village Board, ordinances, proclamations and regulations as necessary
or appropriate in coping with disasters.
(7)
Cooperate with the federal, state and county government and any public
or private agency or entity in achieving any purpose of this article
and in implementing programs for disaster prevention, preparation,
response and recovery.
(9)
Do all other things necessary, incidental or appropriate for the
implementation of this article.
A.
The Village President shall have the general direction and control
of the Village of Bannockburn Emergency Services and Disaster Agency,
and shall be responsible for the carrying out of the provisions of
this article.
B.
In performing his/her duties under this article, the Village President
is authorized to cooperate with state and federal governments and
with other municipalities and political subdivisions in all matters
pertaining to emergency services and disaster operations as defined
in this article.
C.
In performing his/her duties under this article, the Village President
is further authorized:
(1)
To make, amend and rescind all lawful necessary orders, rules and
regulations of the local disaster plan to carry out the provisions
of this article within the limits of the authority conferred upon
the Village President.
(2)
To cause to be prepared a comprehensive plan and program for the
emergency management of the Village, which plan and program shall
be integrated into and coordinated with disaster plans of the state
and federal governments and of other political subdivisions, and which
plan and program may include:
(a)
Prevention and minimization of injury and damage caused by a
disaster;
(b)
Prompt and effective response to disasters;
(c)
Emergency relief;
(d)
Identification of areas particularly vulnerable to disasters;
(e)
Recommendations for zoning, building and other land-use controls,
safety measures for secure permanent structures and other preventive
and preparedness measures designed to eliminate or reduce disasters
or their impact;
(f)
Assistance to local officials in designing local emergency action
plans;
(g)
Authorization and procedure for the erection or other construction
of temporary works designed to protect against or mitigate danger,
damage or loss from flood, conflagration or other disaster;
(h)
Organization of Village manpower and chains of command;
(i)
Coordination of local emergency management activities; and
(j)
Other necessary matters.
(3)
In accordance with such plan and program for the emergency management
of the Village, and out of funds appropriated for such purposes, to
procure and requisition supplies, medicines, materials and equipment,
to institute training programs and public information programs, and
to take all other preparatory steps, including the partial or full
mobilization of emergency services and disaster organizations in advance
of an actual disaster, to also ensure the furnishing of adequately
trained and equipped forces for disaster operations.
(4)
Out of funds appropriated for such purposes, to make such studies
and surveys of the industries, resources and facilities in the Village
as may be necessary to ascertain the capabilities of the Village for
the emergency management phases of preparedness, response, and recovery,
and to plan for the most efficient emergency use thereof.
D.
The Village President is authorized to designate space in the Village
Hall, or elsewhere, for the Village of Bannockburn Emergency Services
and Disaster Agency as its office.
A.
It is the intent of the Village Board and declared to be the policy
of the Village that every effort shall be made to provide funds for
disaster emergencies.
B.
It is the Village Board's intent that the first recourse shall
be to use funds regularly appropriated to the Village of Bannockburn
Emergency Services and Disaster Agency. If the Village President finds
that the demands placed upon these funds in coping with a particular
disaster are unreasonably great, and the Village President has proclaimed
the Village a disaster, he/she may make application for funds from
the state disaster relief fund. If monies available from the fund
are insufficient, and if the Village President finds that other sources
of money to cope with the disaster are not available or are insufficient,
he/she shall issue a call for an immediate session of the Village
Board for the purpose of enacting such ordinances as the Village Board
may deem necessary to transfer and expend monies appropriate for other
purposes, or borrow monies from the United States government or other
public or private sources. If less than a quorum of the members of
the Village Board is capable of convening in session to enact such
ordinances for the transfer, expenditure or loan of such monies, the
Village President is authorized to carry out those decisions until
such time as a quorum of the Village Board can convene.
C.
Nothing contained in this section shall be construed to limit the
Village President's authority to apply for, administer and expend
grants, gifts, or payments in aid of disaster prevention, preparedness,
response or recovery.
A.
Only the Village President, or the Village President's emergency
interim successor as authorized by 5 ILCS 275/6 and set forth in Appendix
A to this article,[1] may declare a local disaster emergency. If declared by
the Village President, or the Village President's emergency interim
successor, it shall not be continued for a period in excess of seven
days except by or with the consent of the Village Board. Any order
or proclamation declaring, continuing or terminating a local disaster
emergency shall be given prompt and general publicity, and shall be
filed promptly with the Village Clerk.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
The effect of a declaration of a local disaster emergency is to activate
the response and recovery aspects of any and all applicable local
emergency operations plans and to authorize the furnishing of aid
and assistance thereunder.
C.
During a local disaster emergency, the Village President, or the
Village President's emergency interim successor, may suspend
the provisions of any Village ordinance prescribing procedures for
the conduct of Village business, or the orders, rules and regulations
of the Village of Bannockburn Emergency Services and Disaster Agency,
if strict compliance with the provisions of any ordinance, rule or
regulation would in any way prevent, hinder or delay necessary action
in coping with the emergency, as authorized by the Illinois Emergency
Management Agency Act (20 ILCS 3305/1 et seq.), provided that, if
the Village Board meets at such time, he/she shall act subject to
the directions and restrictions imposed by the Village Board.
The testing of disaster warning devices, including outdoor warning
sirens, shall be held only on the first Tuesday of each month at 10:00
a.m.
The Coordinator for Emergency Services and Disaster Operations may, in collaboration with other public agencies within his or her immediate vicinity, develop or cause to be developed mutual aid arrangements with other political subdivisions, municipal corporations or bodies politic within this state for reciprocal disaster response and recovery in case a disaster is too great to be dealt with unassisted. The mutual aid shall not, however, be effective unless and until approved by each of such political subdivisions, municipal corporations or bodies politic as are parties thereto, in the manner provided by law, and unless and until filed with and approved in writing by the State Director. Such arrangement shall be consistent with the state and local emergency management operations plan and program, and in the event of such a disaster as described in § 12-18 of this article, it shall be the duty of each local and department for emergency services and disaster operations to render assistance in accordance with the provisions of such mutual aid arrangements.
The Village of Bannockburn Emergency Services and Disaster Agency
shall ascertain what means exist for rapid and efficient communications
in times of disaster emergencies. The Agency shall consider the desirability
of supplementing these communications resources or of integrating
them into a comprehensive system or network. In studying the character
and feasibility of any system or its several parts, the Agency shall
evaluate the possibility of multipurpose use thereof for general municipal
and local governmental purposes. The Agency shall make recommendations
to the Village President as appropriate.
Neither the Village, the agency or any member thereof or any
person acting at their direction, engaged in any emergency services
and disaster operations or disaster activities, while complying with
or attempting to comply with this article or any rules or regulations
promulgated pursuant to this article is liable for the death of or
any injury to persons, or damage to property, as a result of such
activity. This section does not, however, affect the right of any
person to receive benefits to which he would otherwise be entitled
under this act, under the Worker's Compensation Act or the Worker's
Occupational Diseases Act, or under any pension law, and this section
does not affect the right of any such person to receive any benefits
or compensation under any Act of Congress.
If such disaster as is described in § 12-18 occurs in the Village and the services of persons who are competent to practice any profession, trade or occupation are required in the Village to cope with the disaster situation and it appears that the number of persons licensed or registered in the Village to practice such profession, trade or occupation may be insufficient for such purpose, then any persons who are licensed elsewhere to practice any such profession, trade or occupation may, if a member of another political subdivision rendering aid in the Village pursuant to the order of the head of that political subdivision and upon the request of the Village, during the time the disaster condition continues, practice such profession, trade or occupation in the Village without being licensed or registered in the Village.
The Village Board may make appropriations for emergency services
and disaster operations in the manner provided by law for making appropriations
for the ordinary expenses of such political subdivision. The Village
Board may also levy for emergency services and disaster operations
a tax not to exceed 0.05% of the full, fair cash value as equalized
or assessed on all taxable property in the Village for the current
year. However, the amount collectible under such a levy shall in no
event exceed $0.254 per capita. The annual tax shall be in addition
to and in excess of the amount authorized to be levied for general
corporate purposes.
[Amended 5-22-2017 by Ord. No. 2017-12]
Whenever the federal or state governments, or any agency or
officer thereof, or whenever any person, firm or corporation shall
offer to the Village services, equipment, supplies, materials or funds
by way of gift or grant for purposes of emergency management, the
Village, acting through the Village President or through its Village
Board, may accept such offer; and upon such acceptance the Village
President or the Village Board may authorize any officer of the Village
to receive such services, equipment, supplies, materials or funds
on behalf of the Village.
A.
The Village President shall file a copy of every rule, regulation or order and any amendment thereof made by him or her pursuant to the provision of this article with the office of the Village Clerk. No such rule, regulation or order, or any amendment thereof, shall be effective until 10 days after such filing; provided, however, that upon the declaration of a disaster emergency by the Village President as described in § 12-22, the provision relating to the effective date of any rule, regulation order or amendment issued pursuant to this article and during the state of such disaster emergency is abrogated, and said rule, regulation, order or amendment shall become effective immediately upon being filed with the Village Clerk, accompanied by a certificate stating the reason for the emergency.
B.
The Village of Bannockburn Emergency Services and Disaster Agency
established pursuant to this article, and the Coordinator thereof,
shall execute and enforce such orders, rules and regulations as may
be made by the Governor under authority of the Illinois Emergency
Management Agency Act. The Village of Bannockburn Agency shall have
available for inspection at its office all orders, rules and regulations
made by the Governor, or under this authority. The State Emergency
Management Agency shall furnish such orders, rules and regulations
to the Agency.
[Amended 5-22-2017 by Ord. No. 2017-12]
In carrying out the provisions of this article, the Village
President and the Coordinator of the Village of Bannockburn Emergency
Services and Disaster Agency are directed to utilize the services,
equipment, supplies and facilities of existing departments, offices
and agencies of the Village to the maximum extent practicable, and
the officers and personnel of all such departments, offices and agencies
are directed, upon request, to cooperate with and extend such services
and facilities to the Coordinator and the Village of Bannockburn Emergency
Services and Disaster Agency.
A.
Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants a license or privilege,
or otherwise permits the designation or use of the whole or any part
or parts of such real estate or premises for the purpose of sheltering
persons during an actual or impending disaster, or a mock or practice
disaster response activity, together with his or her successors in
interest, if any, shall not be civilly liable for negligently causing
the death of, or injury to, any person on or about such real estate
or premises under such license, privilege or other permission, or
for negligently causing loss of, or damage to, the property of such
person.
B.
Any private person, firm or corporation, and employees and agents
of such person, firm or corporation, in the performance of a contract
with, and under the direction of, the Village under the provisions
of this article, shall not be civilly liable for causing the death
of, or injury to, any person or damage to any property except in the
event of willful misconduct.
C.
Any private person, firm or corporation, and any employee or agency of such person, firm or corporation, who renders assistance or advice at the request of the Village shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct. The immunities provided in Subsection C shall not apply to any private person, firm or corporation, or to any employee or agent of such person, firm or corporation, whose act or omission caused in whole or in part such actual or impending disaster and who would otherwise be liable therefor.
Only during a disaster, and in the event of the death, absence
from the Village of Bannockburn or other disability of the Village
President, preventing him/her from acting under this article or for
any other municipal purpose, and until the Village President's
office is filled in the manner prescribed by law, the Coordinator
of the Village of Bannockburn Emergency Services and Disaster Agency
shall succeed to the duties and responsibilities of the Village President
as set forth in this article.
[Amended 2-13-2018 by Ord. No. 2018-05]
The Village Board, by its annual budget ordinance, may provide
for the payment of the salary of the Coordinator and such other office
staff and personnel as may be expressly provided for in this article.
Nothing herein contained shall prohibit any member of the Village
of Bannockburn Emergency Services and Disaster Agency from receiving
compensation from the State of Illinois Emergency Management Agency
under any provision of that agency.
Each person, whether compensated or noncompensated, who is appointed
to serve in any capacity in a department of the Village of Bannockburn
Emergency Services and Disaster Agency, shall, before entering upon
his/her duties, take an oath, in writing, of the Village of Bannockburn
Emergency Services and Disaster Agency and before a person authorized
to administer oaths in the Village, which oath shall be filed with
the Coordinator of the Village of Bannockburn Emergency Services and
Disaster Agency, and which oath shall be substantially in the form
set forth in 20 ILCS 3305/20.
When, in the judgment of the Village President or Village Board,
as provided herein in § 12-22A, a local disaster emergency
requires the termination or reduction of electrical service, the Village
President or Village Board shall forthwith declare in writing the
existence of the emergency condition and order the termination or
reduction.
