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HomeMy WebLinkAboutOrdinances - 20-13 - 03/16/2020 - Local State of Emergency CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-13 An Ordinance Amending Title 6, Public Safety, Chapter 1, Emergency Services and Disaster Agency, of the City of McHenry's Municipal Code Pertaining to a Local State of Emergency Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 16, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th day of March, 2020. ORDINANCE NO. 20-13 An Ordinance Amending Title 6, Public Safety, Chapter 1, Emergency Services and Disaster Agency, of the City of McHenry's Municipal Code Pertaining to a Local State of Emergency WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-1-6, provides for the declaration of a state of emergency and the grant of extraordinary authority to the Mayor by the corporate authorities; and WHEREAS, the Illinois Emergency Management Agency Act, 20 ILCS 3305/11, further provides for emergency local disaster declaration by the principal executive officer or his or her interim emergency successor; and WHEREAS, Coronavirus disease 2019 (COVID-19) is a potentially severe acute respiratory infection caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The virus was first identified as the cause of an outbreak of pneumonia of unknown cause in Wuhan City, Hubei Province, China, in December 2019; and WHEREAS, on March 9, 2020, Governor J.B. Pritzker declared all counties in the State of Illinois as a disaster area; and WHEREAS,on March 11,2020,the World Health Organization characterized the COVID- 19 outbreak as a pandemic; and WHEREAS,on March 11,2020,McHenry County Board Chair Jack D. Franks proclaimed that a disaster emergency exists for the County of McHenry; and WHEREAS, following these actions, Mayor Wayne S. Jett issued a Proclamation of Local Disaster Emergency for the City of McHenry on March 11, 2020; and WHEREAS, since Mayor Jett's Proclamation of Local Disaster Emergency, Governor Pritzker issued Executive Order 2020-04(COVID-19 Executive Order No. 2),cancelling all public and private gatherings in the State of Illinois of 1,000 people or more to implement social distancing; Governor Pritzker issued Executive Orders 2020-05 and 2020-06 (COVID-19 Executive Order Nos. 3 and 4), closing all public and private schools through March 30, 2020; and Governor Pritzker announced on Sunday, March 15, 2020 that all bars and restaurants in the State of Illinois will be closed to the public through March 30, 2020; and WHEREAS, the City now desires to provide for the exercise of extraordinary powers by executive order during a state of emergency within the City; and NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: An Ordinance Pertaining to a Local State of Emergency, Page 1 SECTION 1: The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. SECTION 2: That Title 6, Public Safety, Chapter 1, Emergency Services and Disaster Agency, Section 6-1-14, Declaration of Local Emergency, of the Municipal Code, City of McHenry, Illinois, is hereby amended by renaming Section 6-1-14 Declaration of Local Disaster Emergency. SECTION 3: That Title 6, Public Safety, Chapter 1, Emergency Services and Disaster Agency, of the Municipal Code, City of McHenry, Illinois, is hereby amended by adding Section 6-1-15, Local State of Emergency, which shall read as follows: 6-1-15: LOCAL STATE OF EMERGENCY: Whenever an emergency, as is defined in subsection(A) of this section exists, or imminent emergency,the city council may activate the mayor's extraordinary powers, as set forth in this section, with such limitations as the city council deems necessary. A. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: EMERGENCY: (1)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; or (2) any natural disaster,epidemic,or manmade calamity,including outbreak of disease, flood, conflagration, cyclone, tornado, earthquake or explosion, or eminent threat of any of those events within the corporate limits of the City, resulting in or threatening 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. CURFEW: A prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City except officials of any governmental unit and persons officially designated to duty with reference to said civil emergency. B. Declaration: Whenever an emergency, as defined in subsection (a) of this section exists, the mayor is authorized to declare the existence of a Local State of Emergency by means of a written declaration of the mayor,under oath, setting forth the facts which constitute the emergency, describing the nature of the emergency and declaring that a Local State of Emergency exists in accordance with the definitions set forth in this section. This declaration must be filed with the Village Clerk as soon as practicable after issuance. C. Curfew Authorized: After the declaration of a Local State of Emergency by the mayor,the mayor may order a general curfew applicable to such geographical areas An Ordinance Pertaining to a Local State of Emergency, Page 2 of the City or to the City as a whole, as the mayor deems reasonable and advisable, and applicable during such hours of the day or night as the mayor deems necessary in the interest of the public safety and welfare. D. Orders Authorized: After the declaration of a Local State of Emergency,the mayor may also, in the interest of public safety and welfare, and to address this issues caused threatened by the emergency, make take any or all of the following actions by executive order during the Local State of Emergency: 1. All actions reasonably necessary to respond to the emergency; 2. Approve previous expenditures of the City for the purpose of continuing the operations of the City; 3. Authorize agreements for purchases and contracts that impose a financial obligation on the City that would otherwise be required to be authorized by the City Council; 4. In the event the Local State of Emergency extends beyond the current fiscal year and a new budget has not been approved,the mayor shall be authorized to approve new spending by the City during the existence of the Local State of Emergency; 5. 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; and E. Duration: The declaration of a Local State of Emergency herein authorized shall be effective for a period of up to thirty (30) days or until the adjournment of the next regular or special meeting of the City Council, whichever comes first, unless sooner terminated by a declaration of the mayor, or, his or her interim emergency successor, indicating that the emergency no longer exists. The mayor or his or her interim emergency successor, shall have the power to re-declare the existence of an emergency at the end of each 30-day period during the time said emergency exists. F. Notice: Upon issuing the declaration of a Local State of Emergency herein authorized, the City Clerk shall notify the news media situated within the City, and shall cause at least four copies of the declaration of a Local State of Emergency and any curfew authorized to be posted at the following places within the City: the City hall, the police station, the post office, and in the area of any curfew. G. Violations: Any person violating the provisions of this section or executive orders issued pursuant hereto shall be guilty of an offense against the City and shall be punished as provided by section 1-4A-1 of this code. An Ordinance Pertaining to a Local State of Emergency, Page 3 H. Effect on Other Ordinances: Nothing contained in this section shall be construed to impair the powers contained in this code, giving powers to the police and fire departments, but shall be construed together with existing ordinances now in effect for the safety and welfare of the citizens of the City. SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage and approval. Voting Aye: Devine, Glab, Harding, Mihevc, Miller, Santi, Schaefer Voting Nay: none Absent: none Abstain: none APPROVED: LL"�v Mayor ne . Jett (SEAL) ATTEST: Q . City Clerk onte Johnson Passed: March 16, 2020 Approved: March 16, 2020 Z:I M McHenryCityof IOrdinancesl Emergency.docx An Ordinance Pertaining to a Local State of Emergency, Page 4 CERTIFICATION I,MONTE JOHNSON, do hereby certify that I am the duly appointed, acting and qualified Deputy City Clerk of the City of McHenry, McHenry County, Illinois,and that as such City Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry,held on the 16th day of March, 2020,the foregoing Ordinance entitled An Ordinance Amending Title 6, Public Safety, Chapter 1, Emergency Services and Disaster Agency, of the City of McHenry's Municipal Code Pertaining to a Local State of Emergency, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. 20-13, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 17th day of March 2020, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 171h day of March 2020. 7 r.. Monte Johnson, 156uty City Clerk City of McHenry, McHenry County, Illinois (SEAL) An Ordinance Pertaining to a Local State of Emergency, Page 5