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1986-0090 0 ORDINANCE NO. 86 - 9 AN ORDINANCE PROVIDING FOR EMERGENCY POWERS OF THE VILLAGE PRESIDENT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Section 11 -1 -6 of Chapter 24, Illinois Revised Statutes (1983) sets forth certain emergency powers of the Village President. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. Definitions The following words and phrases shall be construed as defined in this section. 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 de- struction 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 or more persons acting together without authority of law, and such riot or unlawful assembly may result 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. - 1 - 0 0 B. "Curfew" - A prohibition against any person or persons 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 hereun- der. Section 2. Executive Order Whenever a State of Emergency, as defined in Section 1 exists, the Village Manager or his designee shall report the circum- stances thereof to the Village President. The report shall include the nature of the emergency, the geographic area or areas involved, and the specific remedies requested under the provisions of Section 3 of this ordinance. The Village President may declare a state of emergency by means of a written executive order containing a statement signed by the Village President, under oath, finding that one of the conditions have been met for the determina- tion 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 practi- cable. 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 executive order. A declared State of Emergency shall expire not later than the adjournment of the first regular meeting of the Corporate Authorities of the Village after the State of Emergency is declared. Section 3. Powers After declaring a State of Emergency, the Village President may: A. Order a general curfew applicable to such geographical areas of the Village or to the Village as a whole, as the Village President deems reasonably necessary to respond to the emergency, and applicable - 2 - 0 0 during such hours of the day or night as the Village President deems necessary in the interests of the public safety and welfare; B. Prohibit the sale of any firearm of any size or description and the sale of any ammunition, explosive or other destructive device; C. Prohibit the intentional possession in public view of any firearm by any person except a duly authorized law enforcement officer or military person active in the official performance of his duty; D. Order the establishment of curfews, including vehicle movement except fire, police, hospital services, utility vehicles and physicians on emergency cases; E. Prohibit the sale or distribution of alcoholic beverages, with or without payment, or the possession of any portable container containing any alcoholic beverage by any person in a public place; F. Order the closing of places of public assemblage; G. Prohibit the sale or transfer or possession of gasoline or other combustion liquid except for delivery directly into the tank of a motor vehicle, boat or other combustion - propelled vehicle; H. Prohibit the possession in a public place of any portable container containing liquid; I. Issue such other orders as are imminently necessary for the protection of life and property. Section 4. Effective Date A declaration of a State of Emergency shall expire not later than the adjournment of the first regular meeting of the Corporate Authorities after the State of Emergency is declared, unless sooner terminated by proclamation of the Village President indicating that the State of Emergency no longer exists, however, the corporate authorities may extend or terminate a State of Emergency at a regular or special meeting. - 3 - 0 0 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 herein. Section 5. Notification Upon issuance of executive order as herein authorized, the Chief of Police shall notify the news media, situated within the Village, and shall cause two (2) copies of the executive order declaring the existence of the emergency to be posted at the Municipal Building and the Police Department. Section 6. Penalty Any person violating any portion of this Ordinance shall be punished according to the provision of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. This ordinance may be published in pamphlet form. This Ordinance shall not be codified. AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES• 0 - None ABSENT: 0 - None PASSED: February 3 , 1986 APPROVED: February 3 , 1986 PUBLISHED: February 5 1986 ATTEST: Vil e Clerk APPROVED: Vil age President VILLAGE OF BUFFALO GROVE ORDINANCE NO. — ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS _DAY OF 19 Published in pamphlet form by authority of the President and-Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this 5t, day of 190 y ORDINANCE NO. 86 - 9 AN ORDINANCE PROVIDING FOR EMERGENCY POWERS OF THE VILLAGE PRESIDENT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Section 11 -1 -6 of Chapter 24, Illinois Revised Statutes (1983) sets forth certain emergency powers of the Village President. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. Definitions The following words and phrases shall be construed as defined in this section. A. "State of Emergency" (l.) 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 de- struction 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 or more persons acting together without authority of law, and such riot or unlawful assembly may result 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. - 1 - B. "Curfew" - A prohibition against any person or persons 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 hereun- der. Section 2. Executive Order Whenever a State of Emergency, as defined in Section 1 exists, the Village Manager or his designee shall report the circum- stances thereof to the Village President. The report shall include the nature of the emergency, the geographic area or areas involved, and the specific remedies requested under the provisions of Section 3 of this ordinance. The Village President may declare a state of emergency by means of a written executive order containing a statement signed by the Village President, under oath, finding that one of the conditions have been met for the determina- tion 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 practi- cable. 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 executive order. A declared State of Emergency shall expire not later than the adjournment of the first regular meeting of the Corporate Authorities of the Village after the State of Emergency is declared. Section 3. Powers After declaring a State of Emergency, the Village President may: A. Order a general curfew applicable to such geographical areas of the Village or to the Village as a whole, as the Village President deems reasonably necessary to respond to the emergency, and applicable - 2 - r T during such hours of the day or night as the Village President deems necessary in the interests of the public safety and welfare; B. Prohibit the sale of any firearm of any size or description and the sale of any ammunition, explosive or other destructive device; C. Prohibit the intentional possession in public view of any firearm by any person except a duly authorized law enforcement officer or military person active in the official performance of his duty; D. Order the establishment of curfews, including vehicle movement except fire, police, hospital services, utility vehicles and physicians on emergency cases; E. Prohibit the sale or distribution of alcoholic beverages, with or without payment, or the possession of any portable container containing any alcoholic beverage by any person in a public place; F. Order the closing of places of public assemblage; G. Prohibit the sale or transfer or possession of gasoline or other combustion liquid except for delivery directly into the tank of a motor vehicle, boat or other combustion - propelled vehicle; H. Prohibit the possession in a public place of any portable container containing liquid; I. Issue such other orders as are imminently necessary for the protection of life and property. Section 4. Effective Date A declaration of a State of Emergency shall expire not later than the adjournment of the first regular meeting of the Corporate Authorities after the State of Emergency is declared, unless sooner terminated by proclamation of the Village President indicating that the State of Emergency no longer exists, however, the corporate authorities may extend or terminate a State of Emergency at a regular or special meeting. - 3 - r 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 herein. Section, 5. Notification Upon issuance of executive order as herein authorized, the Chief of Police shall notify the news media, situated within the Village, and shall cause two (2) copies of the executive order declaring the existence of the emergency to be posted at the Municipal Building and the Police Department. Section 6. Penalty Any person violating any portion of this Ordinance shall be punished according to the provision of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. This ordinance may be published in pamphlet form. This Ordinance shall not be codified. AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None ABSENT: 0 - None PASSED: February 3 APPROVED: February 3 PUBLISHED: February 5 i i ATTEST:— an.x� vdQica,ty Vl e Clerk OX40 1986 1986 1986 APPROVED: Village President