CHAPTER 30
PUBLIC SAFETY
ARTICLE I - CIVIL EMERGENCY
30-1-1 DEFINITIONS.
“CIVIL EMERGENCY” is hereby defined to be:
(A) A “riot or unlawful assembly” characterized by the use of actual force or violence or any power to execute by three (3) or more persons acting together without authority of law; or
(B) Any “natural disaster” or “man-made calamity”, including flood, conflagration, cyclone, tornado, earthquake, or explosion within the corporate limits of the City resulting 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.
“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 City excepting officials of any governmental unit and persons officially designated to duty with reference to the civil emergency.
30-1-2 DECLARATION OF EMERGENCY. Whenever an emergency as defined in Section 30-1-1 exists, the Mayor shall declare the existence by means of a written declaration, setting forth the facts which constitute the emergency.
30-1-3 CURFEW. After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the City or to the City 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.
30-1-4 AUTHORITY OF MAYOR TO ISSUE ORDERS. After the proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders.
(A) Order the closing of all retail liquor stores including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted.
(B) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer.
(C) Order the discontinuance of selling, distributing or giving away of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
(D) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
(E) Issue such other orders as are imminently necessary for the protection of life and property.
30-1-5 EFFECTIVENESS. 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 civil emergency no longer exists. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty-eight (48) hour period during the time the civil emergency exists.
30-1-6 NOTIFICATION. Upon issuing the proclamation herein authorized, the Mayor shall notify the news media situated within the City and shall cause three (3) copies of the proclamation declaring the existence of the emergency to be posted at the following places within the City:
(A) The City Hall.
(B) The Post Office.
(C) The Library.
(See 65 ILCS Sec. 5/11-1-6)
ARTICLE II - POLICE DEPARTMENT
DIVISION I - DEPARTMENT ESTABLISHED
30-2-1 DEPARTMENT ESTABLISHED. There is hereby established a department of the municipal government of the City which shall be known as the Police Department. The Police Department shall consist of the Chief of Police and of such number of patrolmen as may be provided from time to time by the City Council.
30-2-2 OFFICE OF CHIEF CREATED. There is hereby established the office of the Chief of Police. The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council.
30-2-3 DUTIES OF CHIEF. The Chief of Police shall keep records and make reports concerning the activities of his department as may be required. The Chief shall be responsible for the performance of the Police Department, of all its functions, and all persons who are members of the department shall serve subject to the orders of the Chief of Police.
30-2-4 APPOINTMENT OF PATROLMEN. A sufficient number of patrolmen shall be appointed by the Mayor, by and with the advice and consent of the City Council to serve for one (1) year or until his successor is appointed and qualified. A police officer may be appointed to office by the Mayor and City Council if he meets the necessary qualifications notwithstanding the fact that the policeman is not a resident of the City when appointed or when he is to serve as such an official.
30-2-5 SALARY. The police department shall receive such compensation as may be provided by City ordinance or by resolution of the City Council.
30-2-6 DUTIES. The policeman shall devote his entire time to the performance of the duties of his office and is hereby charged with the preservation of the peace, order and safety of the City and with the duty of protecting the rights of persons and property and of enforcing all laws and also all orders of the City Council. He shall take notice of all nuisances, obstructions and defects on the highways or other public places, and shall cause the same to be abated or removed, or immediate notice thereof given to the proper officer whose duty it may be to take action in relation thereto. When requested by the Mayor he shall attend, either in person or by deputy, all meetings of the City Council, execute all its orders and close the Council Chamber upon the adjournment of that body. He shall also execute all warrants or other legal process required to be executed by him under any ordinance of the City or laws of the State of Illinois.
30-2-7 MUTUAL AID CONTRACT. The Police Department, with the approval of the City Council, may enter into an agreement to provide police protection to neighboring municipalities.
30-2-8 SPECIAL POLICEMEN. The Mayor may, on special occasions when, in his judgment for public peace and order of the City shall require, appoint and commission any number of special policemen as may be necessary and shall fix in order of their appointment, the time during which each shall serve all such special policemen, during such time, shall possess the powers and exercise the duties of regular police patrolmen; provided that their appointment, if for more than ten (10) days shall be subject to the consent of the City Council in the manner that other appointments to office by the Mayor are subject. Auxiliary policemen shall not carry firearms, except with the permission of the Chief of Police and then only when in uniform and in the performance of their duties.
30-2-9 LEGAL PROCESSES. All police shall have the power and authority to execute City warrants or other similar legal processes outside the corporate limits of the City and within such distance therefrom as authorized by law in all cases when any ordinance of the City Council made pursuant to law shall prescribe a penalty for the violation of any of its provisions by persons residing, acting or doing any business within the limits of the City.
30-2-10 ASSISTING POLICE OFFICER. Every police officer of the City may, at any time, call upon any able-bodied person(s) above the age of eighteen (18) years to aid him in the arresting, retaking or holding in custody of any person guilty of having committed any unlawful act or charged therewith, or to aid such officer in preventing the commission of any unlawful act.
30-2-11 AIDING FIRE DEPARTMENT. Every police officer shall aid the fire department by giving the alarm in case of fire and in clearing the streets or grounds in the immediate vicinity of any fire so that the firemen shall not be hindered or obstructed in the performance of their duties.
30-2-12 FAILURE TO PERFORM. Any member of the Police Department who shall neglect or refuse to perform any duty required of him by this Code or the rules and regulations of the Department, or who shall be, in the discharge of his official duties, guilty of any fraud, favoritism, extortion, oppressions or willful wrong or injustice, shall be subject to removal from office.
30-2-13 AIDING IN ESCAPE. It shall be unlawful for any person in this City to resist or obstruct any member of the Police Force in the discharge of his duty or to endeavor to do so, in any manner, assist any person in the custody of any member of the Police Department to escape or to attempt to escape from such custody or to attempt to rescue any such person in custody.
30-2-14 USE OF INTOXICATING LIQUOR. No member on an active tour of duty or while wearing the official policeman's badge of the City shall indulge in the use of intoxicating liquor of any kind and intoxication at any time shall be sufficient cause for removal.
30-2-15 WITNESS FEES. Any member of the Police Department shall appear as witness whenever this is necessary in a prosecution for a violation of an ordinance or of any state or federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the City is a party; and fees paid for such services shall be turned over to the Chief of Police who shall deposit the same with the City Treasurer.
30-2-16 RULES AND REGULATIONS. The Chief of Police may make or prescribe such rules and regulations for the conduct and guidance of the members of the Police Department as he shall deem advisable and such rules, when approved by the Mayor, shall be binding on such members.
30-2-17 TRAINING. All policemen, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures by the proper authorities as established by the State of Illinois for firearms training. Such courses of training shall not be less than four hundred (400) hours in duration. Upon completion of the course of training, the applicant shall file with the Mayor a certificate attesting to the completion of the course.
30-2-18 COMPENSATION. Policemen shall receive such hourly compensation for their services as determined by the corporate authorities, provided such services are performed at the direction of the Chief of Police.
30-2-19 STOLEN PROPERTY. The Chief of Police shall be the custodian of all lost and abandoned or stolen property in the City.
30-2-20 - 30-2-24 RESERVED.
(See 65 ILCS Sec. 5/11-1-2)
ARTICLE III – AUXILIARY POLICE
30-2-25 APPOINTMENT. The Mayor is hereby authorized to appoint auxiliary policemen as volunteers, subject to the advice and consent of the City Council. Prior to appointment, all proposed auxiliary policemen shall be fingerprinted and have a complete background check done. No person shall be appointed as an auxiliary policeman if he or she has been convicted of a felony or other crime involving moral turpitude. All appointees shall be at least eighteen (18) years of age. The appointment of any auxiliary policemen may be terminated by the Mayor subject to the advice and consent of the City Council.
General. Auxiliary officers of the Staunton Police Department will be expected to follow all the rules, directive and standards of conduct as that of a full-time officer. As with full-time employees, auxiliary officers are expected to keep their private life unsullied and to adhere to the Police Code of Ethics and Code of Conduct.
30-2-26 NOT MEMBERS OF POLICE DEPARTMENT. Auxiliary policemen shall not be part of the City’s full-time police force and they shall have the same residency requirements as full-time and part-time employees of the City. Identification symbols and uniforms worn by such auxiliary policemen shall be different and distinct from those used by the regular Police Department and shall be selected and chosen by the Chief of Police. Auxiliary policemen shall, at all times during the performance of their duties, be subject to the direction and control of the Chief of Police or his designee.
30-2-27 POWERS AND DUTIES. Auxiliary policemen shall have the following powers and duties when properly assigned and on duty:
(A) To aid or direct traffic in the Municipality.
(B) To aid in control of natural or man-made disasters.
(C) To aid in case of civil disorder.
(D) To perform normal and regular police duties when assigned by the Chief of Police on occasions when it is impractical for members of the regular Police Department to perform normal and regular duties.
(E) To issue citations to anyone violating any municipal ordinance.
(F) Auxiliary officers will be expected to work a minimum of twenty-four (24) hours per month. A minimum of eight (8) hours will be spent on weekend duty.
(G) All auxiliary officers, before beginning duty and at the end of duty, will notify the dispatcher in person.
(H) Auxiliary officers will only be allowed to patrol the City or patrol the lake in pairs.
(I) Auxiliary officers will be required to attend twenty-four (24) hours of training and such training must be completed within two (2) weeks of being appointed.
(J) Auxiliary officers must possess a valid Illinois Drivers License.
(K) Auxiliary officers must be completing, or have completed, high school or possess a G.E.D.
(L) Auxiliary officers must pass a physical examination.
(M) To exercise all other powers as auxiliary police that the Chief of Police or his designee may prescribe.
(N) To serve and execute all warrants for the violation of municipal ordinances within the corporate limits of the City, and also on any property owned and controlled by the City beyond its corporate limits.
30-2-28 FIREARMS PROHIBITED. Auxiliary policemen shall not carry firearms, except with the permission of the Chief of Police and then only after completing forty (40) hours of mandatory firearms training and when in uniform and in the performance of their duties.
30-2-29 TRAINING. Auxiliary policemen shall attend and complete any training that is requested of them by the Chief of Police to perform their duties.
30-2-30 COMPENSATION. Auxiliary policemen will be known as volunteer employees of the City.
(Ord. No. 1179; 04-09-01)
(See 65 ILCS Sec. 5/3.1-30-20)
ARTICLE III
EMERGENCY SERVICES AND DISASTER AGENCY
(ESDA)
30-3-1 AGENCY ESTABLISHED. There is hereby created the Staunton ESDA to prevent, minimize, repair and alleviate injury or damage caused by enemy attack, sabotage, or other hostile action, or from natural or homemade disaster, in accordance with “The Illinois Emergency Management Act of 1992” which will be referred as IEMA.
This ESDA shall consist of the Coordinator and up to twenty (20) members as may be selected by the Coordinator.
30-3-2 COORDINATOR.
(A) Appointment, Qualifications. The Coordinator of the City ESDA shall be appointed by the Mayor with confirmation by the City Council. He shall be versed and qualified by reason of experience or other proper training and shall participate in such other training programs that may be necessary.
(B) Term of Office. The Coordinator’s term of office shall be determined at the discretion of the City Council and until his successor is appointed, confirmed by the City Council and meets the necessary certification.
(C) Vacancy in Office. In the event of the absence, resignation, death or inability to serve as Coordinator, the Mayor or any person designated by him, and approved by the City Council, shall e and act as Coordinator until a new appointment is made as provided in this Chapter.
(D) Responsibility of the Coordinator. The Coordinator shall have direct responsibility for the organization, administration, training and operation of the ESDA, subject to the direction and control of the Mayor as approved by the City Council.
(E) Removal From Office. The Coordinator of the Staunton ESDA may be removed from office by the City Council for incompetence, neglect of duty or malfeasance in office. In a proceeding to remove the Coordinator from office, a petition shall be filed with the City Council naming such officer as defendant and setting forth the particular facts upon which the request for removal is based. The Council shall set the matter for hearing not earlier than five (5) days after service upon the defendant, which service shall be in accord with that as in suits in chancery. The Council shall thereupon proceed to a determination of the charges against the defendant and shall enter on order either dismissing the charges or removing them from office.
30-3-3 FUNCTIONS. 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 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, municipality or quasi-municipality entered into as provided by the IEMA of 1992.
30-3-4 CHAIN OF COMMAND. It shall be the responsibility of the Coordinator to establish a working chain of command within the ESDA organization to insure efficiency during times of disaster. Further, the Coordinator will distribute this chain of command to all appropriate officials and department heads.
30-3-5 SERVICE AS MOBILE SUPPORT TEAM. 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. The leader of such mobile support team shall be designated by the Coordinator 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. 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.
30-3-6 AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS. The Coordinator may enter into agreements with other public agencies within our immediate vicinity and other municipal corporations or bodies politic within this State for reciprocal assistance in case of disaster too great to be dealt with unassisted. Such agreements are effective only after the consent of the City Council and after properly filed with and approved in writing by the State Director of ESDA.
30-3-7 EMERGENCY ACTION. If the Governor proclaims that an emergency exists in the event of actual enemy attack upon the United States or in the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from manmade or natural disaster, it shall be the duty of the City ESDA to cooperate fully with the County and State ESDA and with the Governor in the exercise of emergency powers as provided by law.
30-3-8 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 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 IEMA, as provided by law, and any other reimbursement made by the State incident to ESDA activities as provided by law.
30-3-9 PURCHASES AND EXPENDITURES. The City Council may, on recommendation of the City Coordinator of ESDA, authorize any purchase of contracts necessary to place the City in a position to effectively combat any disaster resulting from the explosion of any nuclear 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, or from manmade or natural disaster.
In the event of enemy-caused or other disaster, the City Coordinator 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 exigency without regard to the statutory procedures or formalities normally prescribed by law pertaining to City contracts or obligations, as authorized by “The State IEMA of 1992”, provided, that if the Mayor and Council meets at such time, they shall act subject to the directions and restrictions imposed by that body.
30-3-10 OATH. Every person appointed to serve in any capacity in the Staunton ESDA organization shall, before entering upon their duties, subscribe to the following oath, which shall be filed with the 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 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 I am affiliated with the Staunton 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.”
30-3-11 OFFICE. The Mayor of the City is authorized to designate space in a City building, or elsewhere, as may be provided by the City.
30-3-12 EMERGENCY PREPAREDNESS PLAN. The Coordinator has the responsibility of establishing an Emergency Preparedness Plan, which will be referred to as EPP. The EPP shall outline the responsibilities of various departments of the City and their assignments to ESDA; and this plan shall provide for all types of disaster that may occur in Staunton, to include but not be limited to enemy attack, natural disaster such as tornadoes, floods, train wrecks, explosions and major fires.
Each City department head and office holder has the responsibility to cooperate in formulating a plan covering his responsibilities when an emergency occurs in any type of disaster; further, he should supply the Coordinator with a complete resource list of all equipment and personnel that may be available during an emergency.
The plan will be renewed annually by the Coordinator and the respective office holders and department heads.
30-3-13 CIVIL EMERGENCY PREPAREDNESS SQUAD.
(A) Organization Created, Membership, Supply of Uniforms and Other Articles. An organization is hereby created called the Civil Emergency Preparedness Squad which is not to exceed twenty (20) volunteer members who are authorized to wear uniforms that are to be purchased by the said volunteers.
The City shall furnish other items necessary, not to exceed the cost of Twenty Dollars ($20.00) per person. The items furnished shall be turned in to the City in the event of a termination of membership.
(B) Purpose. The purpose of this organization is to augment the regular City employees in time of emergency or as otherwise directed by the Mayor or the Coordinator of ESDA or the department supervisor, but not to relieve or replace them in the performance of their regular duties.
(C) Organization. The organization of the Civil Emergency Preparedness Squad shall be the following:
Communications, storm warning, etc.
Auxiliary law enforcement volunteers (per SOP under Chief of Police)
Water, Street and Alley Department squad, etc.
Radiological monitoring, shelter squad, etc. (Ord. No. 634; 03-24-75)
30-3-14 PUBLIC SHELTERS MANAGERS.
(A) Duties Upon Emergencies.
(1) In case of national emergency, public shelter managers, duly appointed by the ESDA Coordinator, shall open public shelters, take charge of all stocks of food, water and other supplies stored in the shelter, admit the public according to the City’s shelter use plan and take whatever control measures are necessary for the protection and safety of the occupants.
(2) In case of local disaster, the shelter manager shall open public shelters for the safety and protection of the community.
(B) Obedience to Shelter Manager. Shelter managers are authorized to use reasonable restraint against those who refuse to cooperate with the routine of shelter living under emergency conditions. Refusal to carry out the orders of the shelter manager and his appointed staff shall be deemed a misdemeanor punishable by a fine of not more than Seven Hundred Fifty Dollars ($750.00) or a jail sentence of not more than one (1) year, or by both such fine and imprisonment.
30-3-15 LOCAL DISASTER EMERGENCIES. A local disaster emergency may be declared by the Mayor. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the Council. Any order or proclamation declaring, continuing or terminating a local disaster shall be given prompt and general publicity and shall be filed promptly with the City Clerk.
The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.
30-3-16 APPROPRIATION, LEVY OF TAXES. The City Council may make an appropriation for ESDA purposes in the manner provided by law, and may levy in addition for ESDA purposes only, a tax not to exceed Five Cents ($0.05) per One Hundred Dollars ($100.00) of the assessed value of all taxable property in addition to all other taxes, as provided by the State ESDA Act; however, that amount collectible under such levy shall in no event exceed Twenty-Five Cents ($0.25) per capita. (Ord. No. 1034; 01-24-94)
© Copyright 2005 by the City of Staunton, Illinois
Top of Page
|
|
|
