Chapter 25 - Miscellaneous
Division 2 - Emergency Services and Disaster Operations

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SEC. 25.2-1 ESTABLISHMENT AND PURPOSE. A purpose of this Division is to create the Town of Normal Emergency Services and Disaster Agency to be known as Normal E.S.D.A. There is thus hereby created the Normal Emergency Services and Disaster Agency whose purpose is to prevent, minimize, repair and alleviate any injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile action, or from any natural or man-made disaster in accordance with "The Illinois Emergency Services and Disaster Act of 1975".

Normal E.S.D.A. shall consist of the Director/Coordinator and such additional members as may be appointed by the Municipal Manager.

SEC. 25.2-2 DEFINITIONS.

A "civil emergency" is defined as a riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force or violence if accompanied by the immediate power to effectuate such threat by three or more persons acting together without authority of law.

"Curfew" is hereby defined as 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 Town of Normal, excepting officials of any governmental unit and persons officially designated to duty with reference to a civil emergency or disaster emergency.

"Disaster" means an occurrence of threat of widespread or severe damage, injury or less of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, oil spill or other water contamination requiring emergency action to avert danger of damage, epidemic, air contamination, blight, drought, infestation, explosion, 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."

"Emergency Services" means 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 manmade or natural causes. These functions include, without limitation, fire fighting services, police services, medical and health services, rescue, engineering, air raid 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 related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

SEC. 25.2-3 DIRECTOR/COORDINATOR. The Director/Coordinator of Normal E.S.D.A. shall be appointed by the Municipal Manager. The Director/Coordinator shall have direct responsibility for the organization, administration, training and operation of the Normal E.S.D.A. subject to the direction and control of the Municipal Manager as provided by statute.

In the event of the absence, resignation, death or inability of the Director/Coordinator to serve in this function, the Municipal Manager or any person designated by him shall be and act as Director/Coordinator until a new appointment is made. The Director/Coordinator shall prepare a comprehensive plan and program for disaster preparedness, emergency response, utilization of resources and recovery of Normal from any disaster emergency. This comprehensive plan shall be tested, revised and coordinated with the State and Federal government as required.

The Director/Coordinator of Normal E.S.D.A. shall be and he is hereby authorized and directed to prepare, execute and file in the appropriate State office any and all applications necessary for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or which may otherwise be available from the President’s Disaster Relief Fund. (Amended 8/21/78)

That the Director/Coordinator is hereby further authorized and directed to provide to the State and to the Federal Disaster Assistance Administration Department of Housing and Urban Development (H.U.D.) for all matters pertaining to such Federal Disaster Assistance the assurances and guarantees enumerated and provided in H.U.D. document No. HUD-490-6-77, a copy of which has been and remains on file and available for public inspection in the office of the Town Clerk of the Town of Normal. (Amended 8/21/78)

SEC. 25.2-4 FUNCTIONS. Normal E.S.D.A. shall perform such functions within the Town as shall be prescribed by the State Emergency Services and Disaster Agency plan and program prepared by the Governor of the State of Illinois, and such orders, rules, and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any Mutual Aid Agreement with any other political subdivision, municipalities or quasi-municipality entered into as provided by the State E.S.D.A. Act of 1975.

SEC. 25.2-5 SERVICES AS MOBILE SUPPORT TEAM. All or any member of the Town staff may be designated as members of the Mobile Support Team created by the Director of the State E.S.D.A. as provided by law.

The leader of such Mobile Support Team shall be designated by the Director/Coordinator of Normal’s E.S.D.A. organization.

Any member of a Mobile Support Team who is a Town employee or officer while serving on call to do duty by the Governor, or the State Director, 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 Town, while so serving, shall receive from the State reasonable compensation as provided by law.

SEC. 25.2-6 AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS. The Director/Coordinator of E.S.D.A. may negotiate Mutual Aid Agreements with other counties or political subdivisions of the state, but no such agreement shall be effective until it has been approved by the President and Board of Trustees and by the State Director of E.S.D.A.

SEC. 25.2-7 COMMUNICATIONS. The Normal Emergency Services and Disaster Agency shall ascertain what means exist for rapid and efficient communications and shall coordinate all available communications resources in times of Disaster Emergencies. The Agency shall consider the desirability of supplementing those communication resources with available State resources or of integrating them into a comprehensive State of State-Federal communications System or Network.

SEC. 25.2-8 EMERGENCY ACTION. If the Governor proclaims that a disaster or emergency exists or in the event of an actual enemy attack upon the United States, it shall be the duty of the Town E.S.D.A. to cooperate fully with the County E.S.D.A., the State E.S.D.A. and with the Governor in the exercise of emergency powers as provided by law.

SEC. 25.2-9 COMPENSATION. Members of the Emergency Services and Disaster Agency who are paid employees or officers of the Town, if called for training by the State Director of E.S.D.A., 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 Town employees or officers shall receive for such training time such compensation as may be established by the Town Council.

SEC. 25.2-10 REIMBURSEMENT BY STATE. The State Treasurer may receive and allocate to the appropriate fund any reimbursement by the State to the Town for expenses incident to training members of the E.S.D.A. prescribed by the State Director of E.S.D.A., compensation for services and expenses of members of the mobile support team while serving outside Normal, and any other reimbursement made by the State incident to E.S.D.A. activities, as provided by law.

SEC. 25.2-11 PURCHASES AND EXPENDITURES. The Director/Coordinator of E.S.D.A. is authorized to make purchases or enter into contracts necessary to place the Town in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile and to protect public health and safety, protect property and provide emergency assistance to victims in the case of any disaster. Said purchases or entry into contracts can be done upon the approval of the President and Board of Trustees acting as the Corporate Authority of the Town of Normal.

In the event of enemy-caused, man-made or other natural disaster, the Town Director/Coordinator of E.S.D.A. is authorized on behalf of the Town 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 Town contract or obligations. As authorized by “The State E.S.D.A. Act of 1975”, provided that if the President and Board of Trustees of the Town is meeting at the time of such disaster, he shall act subject to the directions and restrictions imposed by that body.

SEC. 25.2-12 LOCAL DISASTER EMERGENCY AND CIVIL EMERGENCY.

1. Whenever a local disaster or civil emergency as defined in SEC. 25.2-2 of this code exists, the Mayor shall declare its existence by means of a written declaration setting forth the facts which constitute the emergency and shall perform the duties and obligations of Mayor prescribed in this Division. In the absence of the Mayor, the President pro tem if one has been appointed, or if the Mayor and President pro tem are both unable to perform the duties of Mayor prescribed in this Division through either absence from the Town or physical or mental disability for such a length of time or of such severity as would reasonably require someone other than the Mayor or President pro tem to perform the duties of Mayor prescribed in this Division, then the member of the Board of Trustees, present and physically and mentally able to perform the duties of Mayor prescribed in this Division, with the longest length of time of continuous service as a member of the Board of Trustees immediately preceding the existence of such civil emergency, shall declare its existence by means of a written declaration setting forth the facts which constitute the emergency and shall otherwise perform the duties and obligations of the Mayor prescribed in this Division until the Mayor, President pro tem or more senior member of the Board of Trustees returns to the community or becomes physically or mentally able to discharge the duties of Mayor prescribed in this Division at which time such person shall assume those duties and responsibilities.
    
2. Curfew - After proclamation of a local disaster or civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the Town or to the Town as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare.
    
3. Other Prohibitions - After the proclamation of local disaster or civil emergency, the Mayor of the Town of Normal may also, in the interest of public safety and welfare, make any or all of the following orders:
    
   1. Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
       
   2. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
       
   3. Issue such other orders as are immediately necessary for the protection of life and property.
       
   4. Prohibiting the selling at retail of alcoholic liquor.
       
4. Effective Period - The proclamation herein authorized shall be effective for a period of forty-eight (48) hours unless sooner terminated by a proclamation of the Mayor indicating that the local disaster or civil emergency no longer exists. The Mayor shall have the power to reproclaim the existence of a local disaster or civil emergency at the end of each 48 hour period during the time the said emergency exists. The Mayor may make no more than two consecutive proclamations after the initial proclamation without the consent of the Town Council in regular or special session so convened.
    
5. Public Notice - Upon issuing the proclamation herein authorized, the Chief of Police shall notify local news media, and shall cause three copies of the proclamation declaring the existence of the emergency to be posted at the following places within the Town of Normal: the City Hall, the Normal Public Library and the Post Office.
    
6. The effect of a declaration of a local disaster or civil emergency is to activate the response and recovery aspects of any and all applicable local or inter-jurisdictional disaster emergency plans and authorize the furnishing of aid and assistance thereunder.

SEC. 25.2-13 OATH. Every person appointed to serve in any capacity in the Town E.S.D.A. organization shall, before entering upon his duties, subscribe the following oath, which shall be filed with the Director/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 a political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; that during such time as I am affiliated with the Normal Emergency Services and Disaster Agency, 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."

SEC. 25.2-14 OFFICE. The Municipal Manager is authorized to designate space in a city building or elsewhere as may be approved by the President and Board of Trustees of the Town for the McLean County Emergency Services and Disaster Agency as its office.

SEC. 25.2-15 APPROPRIATION-LEVY OF TAXES. The President and Board of Trustees of the Town may make appropriation for E.S.D.A. purposes in the manner provided by law, and may levy an additional tax for E.S.D.A. purposes only, a tax not to exceed $.05 per $100.00 of assessed value of all taxable property in addition to all other taxes, as provided by "The State E.S.D.A. Act of 1975". However that amount collectible under such levy shall in no event exceed .25 per capita.
(Entire Division 2 of Chapter 25 amended by Ord. No. 1518, 7/19/76)

SEC. 25.2-16 FINANCIAL RESPONSIBILITY FOR ALLEVIATING EMERGENCY SITUATIONS.

1. Definitions. The following words and phrases when used in this Division shall have the meaning given to them in this Section, unless the context clearly indicates otherwise.
   
   Emergency Situation - Any situation causing or threatening immediate physical injury or damage to person or property, the alleviation of which requires the procurement of goods or services by the Town of Normal from sources other than the Town of Normal.
   
   Person - Person means any individual, partnership, corporation, joint stock association, or the State of Illinois or any subdivision thereof, and includes any trustee, receiver, assignee, or personal representative thereof.
    
2. Alleviation of Emergency Situation - Financial Responsibility. Whenever any employee of the Town of Normal, in response to a call, encounters an emergency situation, said employee is authorized by means of procedure determined by the City Manager, to procure appropriate goods or services to alleviate said emergency. The Town of Normal shall be entitled to recover from any person causing or contributing to the causing of said emergency, all or any equitable portion of the cost of said goods and/or services procured by the Town.
   

(Added 1/16/84)(SEC. 26.2-16 RE-CODIFIED BY ORDINANCE NO. 3326, 7/16/84)