O-20-09VILLAGE OF DEERFIELD
ORDINANCE NO. 0-20-09
AN ORDINANCE AMENDING "THE MUNICIPAL CODE OF THE VILLAGE OF
DEERFIELD, ILLINOIS, 1975," AS AMENDED, REGARDING EMERGENCY
MANAGEMENT AND DISASTER DECLARTIONS AND AUTHORITIES
WHEREAS, the Village is a home rule municipal corporation pursuant to Article VII,
Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, Pursuant to Division 3, titled "Emergency Management Agency (EMA),"
of Article 11, titled "Boards and Commissions," of Chapter 2, titled "Administration," of the
Municipal Code ("Municipal Code's the Village has established its Emergency
Management Agency to facilitate the Village's responses to emergencies; and
WHEREAS, pursuant to the authority granted by State law, including, without
limitation, Section 11-1-6 of the Illinois Municipal Code, 65 ILCS 5/11-1-6, the Village Board
desires to amend Division 3 of Chapter 2 of the Municipal Code to update and clarify the
Village's emergency procedures and protocols; and
WHEREAS, the Village Board has determined that it is in the best interest of the
Village and the public's health, safety and welfare to amend the Municipal Code in the
manner provided in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The Village Board hereby adopts the foregoing
recitals as its findings, as if fully set forth herein.
SECTION TWO: AMENDMENT TO DIVISION 3, OF ARTICLE 11, OF
CHAPTER 2 OF THE MUNICIPAL CODE. Division 3, titled "Emergency Management
Agency (EMA)," of Article 11, titled "Boards and Commissions," of Chapter 2, titled
"Administration," of the Municipal Code is amended to read as set forth in Exhibit A of this
Ordinance.
SECTION THREE: SEVERABILITY. If any section, paragraph, clause or
provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph,
clause or provision shall not affect any of the other provisions of this Ordinance.
SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be in full force and
effect immediately after its passage and approval in the manner provided by law by two-
thirds of the corporate authorities of the Village.
AYES: Benton, Jester, Oppenheim, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: Seiden
PASSED: March 16, 2020
APPROVED: March17, 2020
ORDINANCE NO. 0-20-09
Harriet Rosenthal, Mayor
ATTEST:
Kent S. Str et, Village Cl rk
Additions are bold and double underlined; ^F^ st -uek through.
EXHIBIT A
Division 3. Emergency Management ent ",.., ney (EAI"Services and Disaster
Authority
ARTICLE I — EMERGENCY MANAGEMENT AGENCY
2-122: Establishment:
(a) There is hereby created the Deerfield emergency management agency ("EMA") which
shall be the agency within the village responsible for coordinating emergency
management planning, programs and services within the village, with other political
subdivision, with the Illinois emergency management agency and with the federal
government, all as provided by law, including, without limitation the Illinois
Emergency Management Act, 20 ILCS 3305/1 et sea., as prescribed in and by the
Illinois emergency management agency plan and program, and as prescribed by such
other orders, rules and regulations as may be promulgated by the governor. The
Deerfield EMA may also be known and referred to as the office of emergency
management ("OEM").
(b) The purpose of the Deerfield OEM is to develop and implement plans to respond to
and recover from the occurrence or threat of any disaster or public health emergency
so as to prevent, minimize, repair, and alleviate injury or damage to lives and
property.
(c) village as are prescribed in this division as well as in the state emergency operations
plan, and the programs, orders, rules and regulations as may be promulgated by the
Illinois emergency management agency ("IEMA").
(d) The Deerfield OEM shall conduct emergency management functions within the
territorial limits of the village. The OEM shall also conduct emergency management
functions outside the territorial limits of the village as may be required under mutual
aid agreements entered into pursuant to the terms of this division.
(e) The Deerfield OEM shall consist of the coordinator, the chief of police and such
additional members as may be selected by the coordinator.
2-123: Definitions:
As used in this division, unless the context clearly indicates otherwise, the following words
and terms have the meanings ascribed to them in this section:
Act: The Illinois emergency management agency act, codified as 20 Illinois Compiled Statutes
3305/1 et seq.
Coordinator: The village manager who shall have direct responsibility for the organization,
administration, training and operation of the emergency management agency, subject to the
direction and control of the village president.
Disaster: An occurrence or threat of widespread or severe damage, injury or loss of life or
property resulting from any natural or technological 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, critical shortages of
essential fuels and energy, explosion, riot, or hostile military or paramilitary action, public
health emergencies or acts of domestic terrorism.
Disaster Training Exercise: A planned event designed specifically to simulate an actual
disaster that will provide emergency operations training for emergency response personnel.
Actual response by OEM volunteers to local emergency situations not qualifying as disasters,
as defined in this section, is considered a disaster training exercise. Provided, however, that
performance of the usual and customary emergency functions of the village (e.g., police and
emergency medical services) is not included within this definition.
Emergency Management: The efforts of the village to develop, plan, analyze, conduct, provide,
implement and maintain programs for disaster mitigation, preparedness, response and
recovery.
Emergency Management Agency (EMA) Or Office Of Emergency Management (OEM): The
agency established by this division to coordinate the emergency management program within
the village and with private organizations, other political subdivisions, the state and federal
governments.
Emergency Operations Platt: The written plan of the village describing the organization,
mission, and functions of the village government and supporting services for responding to
and recovering from disasters.
Emergency Seruices: The coordination of functions between the state and the village, 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 any
disaster. These functions include, without limitation, firefighting 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 or threatened areas, emergency assigned functions of
plant protection, temporary restoration of public utility services and other functions related
to civilian protection, together with all other activities necessary or incidental to protecting
life or property.
Exercise: A planned event realistically simulating a disaster, conducted for the purpose of
evaluating the village's coordinated emergency management capabilities, including, but not
limited to, testing the emergency operations plan.
IEMA: The Illinois emergency management agency.
Mayor: Shall mean and refer to the village president.
Mobile Support Team: A group of individuals designated as a team by the coordinator, or by
the governor or the director of IEMA, to train prior to and to be dispatched, if the governor
Additions are bold and double underlined,- th_^••^h
or the director so determines and authorizes, to aid and reinforce state, village or other
political subdivision emergency management efforts in response to a disaster.
Public Health Emergency: An occurrence or imminent threat of an illness or health condition
that:
(a) Is believed to be caused by any of the following:
(1) Bioterrorism;
(2) The appearance of a novel or previously controlled or eradicated infectious
agent or biological toxin;
(3) A natural disaster;
(4) A chemical attack or accidental release; or
(5) A nuclear attack or accidental release; and
(b) Poses a high probability of any of the following harms:
(1) A large number of deaths in the affected population;
(2) A large number of serious or long term disabilities in the affected population;
(3) Widespread exposure to an infectious or toxic agent that poses a significant
risk of substantial future harm to a large number of people in the affected
population.
2-124: Coordinator:
(a) The village manager shall be the coordinator of the Deerfield OEM and shall have
authority to appoint an acting coordinator who shall be authorized to assist in the
performance of the coordinator's duties and to perform the duties of the coordinator
in the event of the absence or incapacity of the coordinator.
(b) In the event the coordinator is unable to serve due to his or her absence from the
village, resignation, death, unavailability or inability to serve, the acting coordinator
appointed by the village manager shall perform the duties of the coordinator.
(c) In the event that the manager has not appointed an acting coordinator or if the acting
coordinator is unable to serve due to his or her absence from the village, resignation,
death, unavailability or inability to serve, the mayor, or any person designated by the
mayor, shall be and serve as the acting coordinator until a new coordinator is
appointed as provided in this section.
(d) If the mayor is unavailable or unable to designate an acting coordinator, the following
shall serve as the acting coordinator in behalf of the mayor or the mayor's designated
acting coordinator, in descending order of their availability: 1) assistant village
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manager; 2) chief of police; 3) director of engineering and public works; 4) director of
finance; 5) director of planning and development.
(e) The coordinator shall have direct responsibility for organizing, administering,
training, and operating the OEM, subject to the direction and control of the mayor as
provided by statute. The coordinator shall have the duties related to the emergency
management program of the village as provided below.
2-125: Duties Of Coordinator:
(a) The coordinator shall direct and supervise the village department heads in developing
and preparing an emergency operations plan. The plan shall comply with the planning
standards developed by IEMA and the programs, orders, rules and regulations which
may be promulgated by the IEMA. The emergency operations plan shall also comply
with the programs, orders, rules and regulations that may be promulgated from time
to time by the mayor and board of trustees.
(b) The coordinator shall submit the plan to the IEMA for review and approval as
required by the act''=u. In addition, the coordinator shall annually notify the IEMA of
the manner in which the village is providing for or securing emergency management
services, identify the executive head of the Deerfield OEM, and furnish such
additional information to the IEMA as is required by the act.
(c) In the event of a disaster the coordinator shall serve as the chief advisor on operations
to the mayor. The coordinator shall perform such other emergency management
functions within the village as shall be prescribed by the village's emergency
operations plan and by the state emergency operations plan, and shall conform to such
orders, rules, and regulations as may be promulgated by the mayor and board of
trustees, or the governor. In addition, the coordinator shall perform such duties
outside the corporate limits of the village as may be required pursuant to any mutual
aid agreement which the village may enter into with any other political subdivision,
municipality, quasi -municipal corporation or public agency as provided in this
division.
(d) The coordinator shall distribute to each department head in the village a clear and
complete written statement of the emergency responsibilities of each department and
official, and of the disaster chain of command.
2-126: Mobile Support Team:
(a) All members of the village OEM may be designated as members of the mobile support
team designated and created by the coordinator, or by the governor or director of
IEMA as provided by law. The coordinator shall designate the leader of each such
mobile support team.
(b) Any member of the mobile support team who is a village employee or officer while
serving on call to duty by the governor or director of IEMA shall receive the
compensation and have the powers, duties, rights and immunities incident to such
Additions are bold and double underlined; A -1--n^ are ^4«....l. threugh.
employment or office. Any such member who is not a paid officer or employee of the
village, while serving, shall, subject to state approval, receive from the state
reasonable compensation as provided by law.
2-127: Mutual Aid Agreements:
The coordinator may propose, negotiate, develop or cause to be developed mutual aid
agreements with other political subdivisions, municipalities, quasi -municipal corporations,
or public agencies within the village's immediate vicinity for reciprocal disaster response and
recovery assistance in case of a disaster which is too great for a public entity to deal with
unassisted. No such mutual aid agreement shall be effective unless and until it has been
approved by the mayor and board of trustees and by the appropriate governing body of the
other political subdivision, municipality, quasi -municipal corporation or public agency. In the
event of a disaster, it shall be the duty of the village OEM to render assistance in accordance
with the provisions of the appropriate mutual aid agreement.
2-128: Purchase, Contracts And Obligations:
(a) In carrying out the provisions of this division, the mayor and board of trustees may
enter into contracts and incur obligations necessary to place it in a position to
effectively combat a disaster, to protect the health and safety of persons, to protect
property, and to provide emergency assistance to victims of a disaster.
(b) In the event of a disaster, the coordinator is authorized, on behalf of the village, to
enter into contracts and incur obligations as may be necessary, in light of the
exigencies of the disaster, to procure such services, supplies, equipment or materials
needed to effectively combat a disaster, to protect the health and safety of persons, to
protect property, and to provide emergency assistance to victims of the disaster and,
excepting mandatory constitutional requirements, may do so without regard to the
statutory procedures or formalities normally prescribed by law related to performing
public work, entering into contracts, incurring obligations, employing temporary
workers, renting equipment, purchasing supplies and materials, and appropriating,
expending, and disposing of public funds and property. However, if the mayor and
board of trustees meet at the time of the exigency, they and the coordinator shall act
subject to the directions and restrictions imposed by law.
2-129: Declaration Of Local Disaster:
Only the mayor may declare a local disaster. The local disaster shall not be continued or
renewed for a period in excess of seven (7) days except by or with the consent of the board of
trustees. Any order or proclamation declaring, continuing, or terminating a local disaster
shall be given prompt and general publicity and shall be filed promptly with the village clerk.
The effect of a declaration of a local disaster is to activate the village's emergency operations
plan and to authorize the furnishing of aid and assistance thereunder. It shall be the duty of
the village OEM to cooperate fully with the mayor in the exercise of emergency powers as
provided by law during the time of a local disaster emergency.
2-130: Disaster Training Exercises:
Prior to conducting any disaster training exercises as provided in the village's emergency
operation plan, the mayor, the coordinator, or his/her designees shall provide area media
with written notification of the disaster training exercise. The notification shall indicate that
information relating to the disaster training exercise shall not be released to the public until
the commencement of the exercise. The notification shall also contain a request that the
notice be posted in a manner that ensures that all relevant media personnel are advised of
the disaster training exercise before it begins. During the conduct of a disaster training
exercise, all messages, two-way radio communications, briefings, status reports, news
releases, and other oral or written communications shall begin and end with a message that
"This is an exercise".
2-131: Testing Warning Devices:
In accordance with the act, the testing of disaster warning devices, including outdoor warning
sirens, shall be held only on the first Tuesday of each month at ten o'clock (10:00) A.M. or
during disaster training exercises that are specifically and expressly approved in advance by
the Illinois emergency management agency.
2-132: Statewide Emergency Action:
If the governor of the state of Illinois proclaims that a disaster exists, it shall be the duty of
the village OEM to cooperate fully with the IEMA and with the governor in the exercise of
emergency powers as provided by law.
2-133: Reimbursement By State:
(a) The state shall reimburse the village for the compensation paid and the actual
necessary travel, subsistence and maintenance expenses of paid village employees and
officers while serving outside the village pursuant to a call for duty as members of a
mobile support team, and for all payments made for death, disease or injury of paid
village employees and officers arising out of and incurred in the course of that duty
and for all losses of or damages to village supplies and equipment resulting from the
operations.
(b) The village finance director shall receive and allocate to the appropriate fund any
reimbursement by the state to the village for expenses incident to training members
of the mobile support team as prescribed by the director of IEMA, compensation for
services and expenses of members of a mobile support team while serving outside the
village in response to a call by the governor or director of IEMA, as provided above,
and any other reimbursement made by the state incident to OEM activities as
provided above.
2-134: Oath:
Every person, whether compensated or uncompensated, who is appointed to serve in any
Additions are bold and double underlined; Eleletions are st through.
capacity in the Deerfield OEM shall, before undertaking his/her duties, subscribe to the
following oath before the coordinator, which shall be filed with the coordinator:
I, . 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 take this
obligation freely, without any 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 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 Village of
Deerfield and its Office of Emergency Management, 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 this State by force or violence.
2-135: Office:
The village manager is authorized to designate space in a village building, or elsewhere as
the village board may provide for, as the office for the village OEM.
2-135.1: Immunities From Liability:
(a) Neither the village, nor, except in cases of gross negligence or wilful misconduct, the
mayor, officers, agents, employees or representatives of the village or any of them,
engaged in any emergency management response or recovery activities, while
complying or attempting to comply with this division or the act, or any rule or
regulations promulgated pursuant to this division or the act, shall be liable for the
death of or any injury to persons, or damage to property, as a result of such activity.
(b) No person owning or controlling real estate or other premises in the village who
voluntarily and without compensation 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 disaster training exercise, together with
his or her successors in interest, shall be civilly liable for negligently causing the death
of, or injury to any person on or about such real estate or premises, because of such
permission or for negligently causing loss of, or damage to, the property of such
person.
(c) No private person, firm or corporation, nor the employees and agents of such person,
firm or corporation, in the performance of a contract with, and under the direction of
the village, shall be civilly liable for causing the death of, or injury to, any person or
damage to any property except in the event of wilful misconduct.
(d) No private person, firm or corporation, nor any employee or agent of such person, firm
or corporation, who renders assistance or advice at the request of the village during
an actual or impending disaster, shall be civilly liable for causing the death of, or
injury to, any person or damage to property except in the event of wilful misconduct.
ARTICLE II - CIVIL EMERGENCIES
2-136: Definitions:
In this Article II. the definitions set forth Section 2-123 of this Code shall be
applicable unless the context clearly indicates otherwise
Civil Emeraencv means a "Disaster" as defined in Section 2 -123 -of this Code
2-137: Declaration of Civil Emergency:
Pursuant to the authority granted by State law including without limitation
Section 11-1-6 of the Illinois Municipal Code and the Village's home rule authority
whenever the Mayor determines that a civil emergency exists in the Village the
Mayor shall have the extraordinary power and authority to exercise by executive
order all such powers of the corporate authorities and other officers of the Village
as may be reasonably necessary or appropriate to eliminate or minimize the
dangers arising from such civil emergency and for the protection of the health
safety and general welfare of the public: provided however, that prior to
exercising any such extraordinary power and authority, the Mayor shall have
executed under oath a written declaration of civil emergency containing the
following:
(a) An express declaration that a civil emergency exists: and
(b) A statement of facts known to the Mayor, either directly or upon information
and belief, which describes the nature of the civil emergency and
substantiates the finding that a civil emergency exists.
Unless expressly stated otherwise, a declaration issued pursuant to this Chapter
shall be considered a local disaster declaration madepursuant to Section 11 of the
Emergency Management Agency Act and in accordance with Section 2-129 of this
Code.
2-138: Orders by the Mayor:
The Mayor may, upon the issuance of a declaration of civil emergency in
accordance with Section 2-137 of this Code issue orders to implement any or all of
the following:
(a) The imposition of a curfew applicable to such g'eog'raphical areas of the
Village or to the Village as whole as deemed advisable by the Mayor and
applicable during such hours of the day or night as deemed necessary by the
Mayor in the interest of the public safety and welfare;
(b) The discontinuance of elling distributing or giving may of gasoline or
other liquid flammable or combustible products in any container other than
a gasoline tank properly affixed to a motor vehicle,
Additions are bold and double and rlin d; thr^
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(c) The closure of any business establishment anywhere within the VHlage for
the period of civil emergency, including, without limitation, businesses
selling intoxicating liquors, gasoline, or firearms:
(d) The closure any public street, thoroughfare or vehicle parking areas to
vehicular and/or pedestrian traffic:
(e) The calling upon regular and auxiliary law enforcement agencies and
organizations without or within the Village to assist in preserving and
keeping the peace within the Village:
(f) The authorization of the Mayor, the Village Manager, or the Emergency
Management Coordinator to enter into contracts for -the -procurement of
supplies and services necessary to address the civil emergency that would
normally require the approval of the full Village Board:
(g) The incurrence of obligations, the appropriation of funds, and the provision
of emergency assistance reasonably necessary to respond to or mitigate the
civil emergency:
(h) The prohibition of increases in the prices of goods and services sold within
the Village: and
(i) Any other actions reasonably necessary to address the civil emergency and
protect life and property.
2-139: Notice:
A declaration of civil emergency shall be: (i) filed with the Village Clerk as soon a
practicable: (ii) promptly disseminated to the news media: and (iii) promptly
posted at the Village Hall, the post office, and on the Village's social media pages
and website.
2-140: Term: Extension: Termination:
(a) Term: A declaration of civil emergency shall expire and automatically
terminate, if not extended pursuant to subsection (b) of this section, not later
than: (i) the adjournment of the first regular or special meeting of the Village
Board: or (ii) seven days after the declaration is issued, whichever occurs
first.
(b) Extension: The Village Board may by motion extend the initial duration of a
declaration of civil emergency and any orders issued by the Mayor in
connection therewith. The extension shall be for the duration necessary and
in the best interest of the Village and the public to address the continuing
civil emergency as determined by the Village Board.
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(c) Termination by the Mayor: A declaration of civilemer�encv may be
otherwise terminated at any time in writing and executed by the mayor
2-141: Violations: Penalty:
Any person violating the provisions of this chapter or any executive order issued
pursuant this Chapter, shall be guilty of an offense against the Village and shall be
punishable by a fine as provided in the general penalty set forth in Section1-2 of
this Code.
Additions are bold and double underlined; a..i"t.mengs aa_e ..4....,.v thy-ougla.
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