Chapter 30
CIVIL EMERGENCIES*
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Cross references: Administration, ch. 2; environment, ch. 38; health and sanitation, ch. 42; offenses and miscellaneous provisions, ch. 58; traffic and vehicles, ch. 82.
State law references: Illinois Emergency Management Agency, 20 ILCS 3305/5.
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Article I. In General
Secs. 30-1– 30-25. Reserved.
Article II. Emergency Management
Sec. 30-26. Establishment of emergency services and disaster agency.
Sec. 30-27. Coordinator.
Sec. 30-28. Functions of agency.
Sec. 30-29. Service as mobile support team.
Sec. 30-30. Mutual aid arrangements with other political subdivisions.
Sec. 30-31. Emergency action.
Sec. 30-32. Compensation.
Sec. 30-33. Reimbursement by state.
Sec. 30-34. Purchases and expenditures.
Sec. 30-35. Oath.
Sec. 30-36. Office space.
Sec. 30-37. Tax for emergency services and disaster operations.
ARTICLE I.
IN GENERAL
Secs. 30-1– 30-25. Reserved.
ARTICLE II.
EMERGENCY MANAGEMENT*
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State law references: Emergency services and disaster agencies, 20 ILCS 3305/10.
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Sec. 30-26. Establishment of emergency services and disaster agency.
There is hereby created the emergency services and disaster agency to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, in accordance with the Illinois Emergency Management Agency Act (20 ILCS 3305/1 et seq.). The emergency services and disaster agency shall consist of the coordinator and additional members to be selected by the coordinator.
(Code 1976, § 5-1)
Sec. 30-27. Coordinator.
The coordinator of the emergency services and disaster agency shall be appointed pursuant to the provisions of section 2-94 of this Code of Ordinances. The coordinator shall have direct responsibility for the organization, administration, training, and operation of the emergency services and disaster agency, subject to the direction and control of the mayor, as provided in this article.
(Code 1976, § 5-2; Ord. No. 01-6, § 1, 6-25-01; Ord. No. 05-33, § 2, 11-14-05)
Sec. 30-28. Functions of agency.
The emergency services and disaster agency shall perform such emergency management functions within the city as shall be prescribed in and by the state emergency operations plan and program prepared by the governor, and such orders, rules and regulations as may be promulgated by the governor; in addition, it shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision within this state, entered into as provided by the Illinois Emergency Management Agency Act (20 ILCS 3305/1 et seq.).
(Code 1976, § 5-3)
Sec. 30-29. Service as mobile support team.
(a) All or any members of the emergency services and disaster agency may be designated as members of a mobile support team created by the governor or the director of the state emergency management agency, as provided by law. The leader of such mobile support team shall be designated by the director of the state emergency management agency.
(b) Any member of a mobile support team who is a municipal employee or officer while serving on call to duty by the governor or the director of the state emergency management agency shall receive the compensation and have the powers, duties, rights, privileges and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the city, while so serving, shall receive from the state such compensation as may be provided by law.
(Code 1976, § 5-4)
State law references: Mobile support teams, 20 ILCS 3305/8.
Sec. 30-30. Mutual aid arrangements with other political subdivisions.
The coordinator of the emergency services and disaster agency may negotiate mutual aid arrangements with other political subdivisions of the state, but no such arrangement shall be effective until it has been approved by the council.
(Code 1976, § 5-5)
State law references: Mutual aid arrangements between political subdivisions, 20 ILCS 3305/13.
Sec. 30-31. Emergency action.
If the governor declares the existence of a disaster, as defined in 20 ILCS 3305/4, it shall be the duty of the emergency services and disaster agency to cooperate fully with the state emergency management agency and with the governor in the exercise of emergency powers as provided by law.
(Code 1976, § 5-6)
State law references: Emergency management powers of governor, 20 ILCS 3305/6.
Sec. 30-32. Compensation.
Members of the emergency services and disaster agency who are paid employees or officers of the city, if called for training by the director of the state emergency management agency, shall receive for the time spent in such training the same rate of pay as is attached to the position held; members who are not such city employees or officers shall receive for such training time such compensation as may be established by the council.
(Code 1976, § 5-7)
Sec. 30-33. Reimbursement by state.
The state treasurer may receive and allocate to the appropriate fund any reimbursement by the state to the city for expenses incident to training members of the emergency services and disaster agency as prescribed by the director of the state emergency management agency, compensation for services and expenses of members of a mobile support team while serving outside the city in response to a call by the governor or director of the state emergency management agency, as provided by law, and any other reimbursement made by the state incident to emergency management activities as provided by law.
(Code 1976, § 5-8)
Sec. 30-34. Purchases and expenditures.
(a) The council may, on recommendation of the coordinator of the emergency services and disaster agency, authorize any purchase or contracts necessary to place the city in a position to combat effectively any disaster resulting from the explosion of any atomic or other bomb or missile, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster.
(b) In the event of a disaster as described in subsection (a), the coordinator is authorized, on behalf of the city, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to city contracts or obligations, as authorized by the Illinois Emergency Management Agency Act (20 ILCS 3305/1 et seq.); provided that, if the council meets at such time, the coordinator shall act subject to the directions and restrictions imposed by the council.
(Code 1976, § 5-9)
Sec. 30-35. Oath.
Each person, whether compensated or noncompensated, who is appointed to serve in any capacity in the emergency services and disaster agency, shall, before entering upon his duties, take an oath, in writing, before the coordinator of the emergency services and disaster agency or before other persons authorized to administer oaths in this state, which oath shall be filed with the coordinator of the emergency services and disaster agency, and which oath shall be substantially as follows:
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 City of Marshall, 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 of this state by force or violence.
(Code 1976, § 5-10)
State law references: Similar provisions, 20 ILCS 3305/20.
Sec. 30-36. Office space.
The mayor is authorized to designate space in the city hall or elsewhere as may be provided by the council for the emergency services and disaster agency as its office.