(A) There is hereby created the city of Wilmington Emergency Services and Disaster Agency, hereinafter designated as city ESDA, established to prevent, minimize, repair and alleviate injury of damage resulting from disaster caused by enemy attack, sabotage or other hostile actions or from natural or man-made disaster, in accordance with “The Illinois Emergency Services and Disaster Agency Act of 1975,” as amended.
(B) The city ESDA shall consist of the ESDA director, the coordinator, and such other members as may be selected by the ESDA director. The coordinator shall be under the authority, command, and control of the ESDA director. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

(A) The director of the city ESDA shall be appointed in the same manner as are the heads of regular governmental departments and also may be removed in the same manner.
(B) The ESDA director shall have direct responsibility for the organization, administration, training and operation of the city ESDA, subject to the direction and control of the mayor as provided by statute.
(C) In the event of the absence, resignation, death or inability to serve as the ESDA director, the mayor or designee, shall act as temporary ESDA director until a new appointment is made as provided in this chapter. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

The city ESDA shall perform such ESDA functions within the city as shall be prescribed in and by the state ESDA plan and program prepared 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, municipality, or quasi-municipality entered into as provided in “The Illinois Emergency Services and Disaster Agency Act of 1975,” as amended. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

(A) All or any members of the city ESDA organization may be designated as members of a mobile support team created by the director of the state ESDA as provided by law.
(B) The leader of the mobile support team shall be designated by the director of the city ESDA organization. Any member of a mobile support team who is a city employee or officer while serving on call to 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.
(C) Any such member who is not a paid officer or employee of the city, while so serving, shall receive from the state reasonable compensation as provided by law. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

The director of the city ESDA may negotiate mutual aid agreements with other cities or political subdivisions of the state, but no such agreement shall be effective until it has been approved by the mayor and the city council and by the state director of ESDA. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

If the governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the state of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from man-made or natural disaster, it shall be the duty of the city ESDA to cooperate fully with the state ESDA and with the governor in the exercise of emergency powers as provided by law. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

Members of the city ESDA who are paid employees or officers of the city, if called for training by the state director of ESDA, 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 the training time such compensation as may be established by the mayor and city council. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

The city 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 city ESDA as prescribed by the state director of ESDA, 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 state director of ESDA, as provided by law, and any other reimbursement made by the state incident to ESDA activities, as provided by law. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

(A) The city council may, on recommendation of the city director of ESDA, authorize any purchase or contracts necessary to place the city in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile, to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from man-made or natural disaster.
(B) In the event of enemy caused or other disaster, the city ESDA director of ESDA 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 emergency without regard to the statutory procedures or formalities normally prescribed by law pertaining to city contracts or obligations, as authorized by “The Illinois Emergency Services and Disaster Agency Act of 1975,” as amended; provided, that if the mayor is available at such time, the city ESDA director shall act subject to the direction and restrictions imposed by the mayor. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

Every person appointed to serve in any capacity in the city ESDA organization shall, before entering upon his or her duties, subscribe to the following oath:

I ______________________________, ESDA Director of Civil Defense (or member) of the civil defense organization of the City of Wilmington 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 ESDA organization, 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.

(Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

The mayor is authorized to designate space in a municipal building or elsewhere, that may be provided for by the city council for the city ESDA as its office. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

There is levied annually a tax not to exceed .05% of the full, fair cash value, as equalized or assessed by the Department of local government affairs on all of the taxable property therein to provide revenue for the purpose of emergency services and disaster operations, on all the taxable property in addition to all other taxes, as provide by S.H.A. Ch. 127, Section 1101 et seq.; however, the amount collectible under the levy shall in no event exceed $.25 per capita. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

A local disaster emergency may be declared only by the mayor as provided by “The Illinois Emergency Services and Disaster Agency Act of 1975,” as amended. The local disaster emergency shall continue only as provided by statute. It shall be the duty of the city ESDA to cooperate fully with the mayor in the exercise of emergency powers as provided by law during the time of a local disaster emergency. (Ord. 1547, passed 4-1-03; Ord. 693, passed 9-7-76)

Unless otherwise expressly stated the following words or terms, whenever used in this article, shall have the following meanings:
“Curfew” means a prohibition against any person or persons being present at or upon any public assembly, building, place, street or highway with the exception of officials of any governmental unit and persons officially designated to duty with reference to a state of emergency duly declared by executive order pursuant to this article.
“State of emergency” means an occurrence or threat of widespread or severe damage, where extraordinary measures must be taken to protect the public health, safety and welfare from 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 period of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot or hostile military or paramilitary action. (Ord. 1547, passed 4-1-03)

(A) Whenever a state of emergency, as defined in this article, exists, the ESDA director or designee shall report the circumstance to the mayor. The report shall include the nature of the emergency, the geographic area or areas involved, and the specific remedies requested.
(B) The mayor may declare a state of emergency by written executive order containing a statement signed by the mayor, under oath, setting forth the following:
(1) One or more of the conditions which have been met for the determination of a state of emergency;
(2) Facts to substantiate such findings;
(3) A description of the nature of the emergency; and
(4) Declaration that a state of emergency exists.
This statement must be filed with the city clerk as soon as practicable.
(C) The mayor may exercise the extraordinary power and authority granted in this article when such a state of emergency exists, but not until after signing, under oath, the executive order. (Ord. 1547, passed 4-1-03)

Upon declaring a state of emergency, the mayor may:
(A) Order a general curfew applicable to the geographical areas of the city, or to the city as a whole, as the mayor deems reasonably necessary to respond to the emergency, and applicable during the hours of the day or night as the mayor 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 or her duty;
(D) Order the establishment of curfews, including vehicle movement except fire, police, hospital services, utility vehicles and physician 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 combustible 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 combustible liquid;
(I) Issue such other orders as are imminently necessary for the protection of life and property. (Ord. 1547, passed 4-1-03)

Upon issuance of the executive order declaring a state of emergency, the appropriate public official shall notify the news media situated within the city and shall cause four copies of the executive order declaring the existence of the state of emergency to be posted at the city hall, post office, banking institutions and the police department. (Ord. 1547, passed 4-1-03)

A declaration of a state of emergency shall expire no later than the adjournment of the first regular meeting of the corporate authorities after the state of emergency is declared, unless terminated earlier by proclamation of the mayor that the state of emergency no longer exists. (Ord. 1547, passed 4-1-03)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1547, passed 4-1-03; Ord. 1574, passed 7-15-03)