Loading...
O-07-20VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -20 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ENACT A NEW DIVISION 3 THEREOF ENTITLED "EMERGENCY MANAGEMENT AGENCY" PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of May , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 7th day of May , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -20 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ENACT A NEW DIVISION 3 THEREOF ENTITLED "EMERGENCY MANAGEMENT AGENCY" WHEREAS, pursuant to the Illinois Emergency Services and Disaster Act of 1975, the corporate authorities of the Village of Deerfield enacted the Deerfield Emergency Service and Disaster Agency Ordinance (Ordinance No. 0 -76 -4) which is now codified as Division 3 of Article 11 of Chapter 2 of the Municipal Code of the Village of Deerfield; and, WHEREAS, the Illinois Emergency Services and Disaster Act of 1975 has been amended on several occasions and renamed as the Illinois Emergency Management Agency Act (20 ILCS 3305) since 1976; and, WHEREAS, the Village Manager and Chief of Police have recommended that the Board of Trustees enact a comprehensive revision of Division 3, Article 11, Chapter 2 of the Deerfield Municipal Code to be consistent with the Illinois Emergency Management Agency Act and to provide an updated plan for responding to a local disaster emergency; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that the public health, safety and welfare of the citizens of the Village of Deerfield will be served by amending the Deerfield Municipal Code as provided herein to establish the Deerfield Emergency Management Agency (EMA) as the successor to the Deerfield Emergency Services and Disaster Agency (ESDA); NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: t SECTION 1: That Article 11 entitled "Boards and Commissions" of Chapter 2 entitled "Administration" of the Deerfield Municipal Code of 1975, as amended, is hereby further amended to repeal Division 3 entitled "Emergency Service and Disaster Agency (ESDA)" and to adopt the following in place thereof as new Division 3 of Article 11 of Chapter 2 of the Deerfield Municipal Code to be entitled "Emergency Management Agency (EMA):" DIVISION 3. Emergency Management Agency (EMA) SEC. 2 -122. Establishment of Deerfield Emergency Management Agency: (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, 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) The OEM shall coordinate and perform emergency management functions within the Village as are prescribed in this ordinance 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 Ordinance. (e). The Deerfield OEM shall consist of the Coordinator, the Chief of Police and such additional members as may be selected by the Coordinator. SEC. 2 -123. Definitions. As used in this ordinance, unless the context clearly indicates otherwise, the following words and terms have the meanings ascribed to them in this Section: "Act" shall mean the Illinois Emergency Management Agency Act, codified as 20 ILCS 3305/1 et seq. "Coordinator" shall mean 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" shall mean 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" shall mean 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 of a disaster training exercise. "Emergency management" shall mean 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 ") shall mean the agency established by this Ordinance to coordinate the emergency management program within the Village and with private organizations, other political subdivisions, the State and federal governments. "Emergency operations plan" shall mean 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 services" shall mean the coordination of functions the State and the Village, other than functions for which military forces are primarily responsible, as may be necessary -3- or proper to prevent, minimize, repair, and alleviate injury and damage resulting from any disaster. 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 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" means 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" shall mean the Illinois Emergency Management Agency. "Mayor" shall mean and refer to the Village President. "Mobile support team" shall mean 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 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" means an occurrence or imminent threat of an illness or health condition that: (a) 'is believed to be caused by any of the following: (i) . bioterrorism; (ii) the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; (iii) a natural disaster; (iv) a chemical attack or accidental release; or (v) a nuclear attack or accidental release; and (b) poses a high probability of any of the following harms: (i) a large number of deaths in the affected population; . (ii) . a large number of serious or long -term disabilities in the affected population; (iii) 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. -4- SEC. 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 Manager; (2) Chief of Police; (3) Director of Engineering and Public Works; (4) Director of Finance; (5) Director of Planning and Development. (d) 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. SEC. 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 (20 ILCS 3305 /10(g)). 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. -5- (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 ordinance. (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. SEC. 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 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. SEC. 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. SEC. 2 -128. Purchase, Contracts and Obligations. (a) � In carrying out the provisions of this ordinance, 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 IRI 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. SEC. 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. SEC. 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. " SEC. 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 10 o'clock in the morning or during disaster training exercises that are specifically and expressly approved in advance by the Illinois Emergency Management Agency. -7- SEC. 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. SEC. 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. SEC. 2-134. Oath. Every person, whether compensated or uncompensated, who is appointed to serve in any 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." SEC. 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 -8- OEM. SEC. 2 -136. Immunities from Liability. (a) Neither the Village, nor, except in cases of gross negligence or willful 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 ordinance or the Act, or any rule or regulations promulgated pursuant to this ordinance 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 willful 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 willful misconduct. SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive. state law, this Ordinance shall supersede state law in that regard within its jurisdiction. in SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 7th day of May , 2007. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0 ) ABSENT: None (0) ABSTAIN: None (0) APPROVED this -10-