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 Village 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 Village 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 Village or to the Village 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 Village and shall cause three (3) copies of the proclamation declaring the existence of the emergency to be posted at the following places within the Village:
          (A)               The Village Hall.
          (B)               The Post Office.
          (C)                The Police Station.

(See 65 ILCS Sec. 5/11-1-6)

 

ARTICLE II - LAW ENFORCEMENT

 

            30-2-1           POLICING AGREEMENT.  Intergovernmental Agreement between the Village of Noble, the County Board of Richland County, the Richland County Sheriff and the Richland County States Attorney, a copy of which is attached hereto as Exhibit “A” and which is made a part hereof, is hereby accepted and approved by the Village.

             30-2-2           EXECUTION OF AGREEMENT.  The Mayor is hereby authorized, empowered and directed to execute said Intergovernmental Agreement on behalf of the Village, and the Village Clerk is hereby authorized, empowered and directed to attest said Intergovernmental Agreement and to place thereon the seal of the Village.

(Ord. No. 2009-646; 09-14-09)

EXHIBIT "A"

 

INTERGOVERNMENTAL AGREEMENT

 

          WHEREAS, the President and Board of Trustees of the Village of Noble have determined that it is in the best interest of the citizens of the Village of Noble that the Village have the benefit of the Richland County Sheriff’s Department having the ability to issue citations and complaints and make arrests for violations of the Village’s ordinances, according to the relevant provisions of those ordinances, as such ordinances may be codified from time to time into the Municipal Code of the Village of Noble, and that it is also in the best interests of the Village of Noble that the Richland County States Attorney have the authority to prosecute said violators for violation of said ordinances; and

          WHEREAS, the County Board of Richland County, Illinois, the Richland County Sheriff, and the Richland County States Attorney have also determined that enforcement of local ordinances of the Village of Noble benefits not only the Village, but also the citizens of the county at large; and

          WHEREAS, the Village of Noble, the County Board of Richland County, Illinois, the Richland County Sheriff, and the Richland County States Attorney have determined that it is in the best interests of the citizens of the Village of Noble and of the County of Richland that the Agreement herein set forth be approved.

          NOW, THEREFORE, it is agreed by the parties as follows:

          1.       The Richland County Sheriff may issue complaints or citations and make arrests as he deems appropriate for violations of the Village of Noble’s ordinances which occur within the Village limits of the Village of Noble, and the Village of Noble authorizes the Richland County Sheriff to do the same.  The Sheriff is not required and shall have no duty under this agreement to provide any certain level of law enforcement services to the Village.  Rather this agreement is intended to provide the Sheriff with additional tools to accomplish his law enforcement duties.  The Richland County Sheriff shall act within the Village pursuant to his authority under State Statute and Village Ordinance.

          2.       The Richland County States Attorney may prosecute any and all legal proceedings to resolve any such said arrests, citations or complaints that the Sheriff may make, and the Village of Noble authorizes the Richland County States Attorney to prosecute the same.  The States Attorney shall have absolute discretion as to whether the States Attorney will prosecute or not, whether prosecution has officially commenced or not.  If the States Attorney determines that he will not prosecute a Village ordinance violation or declines to complete a prosecution that has already been commenced, the States Attorney will provide the Village with the opportunity to prosecute said violation through its own attorney before the States Attorney dismisses the prosecution.

          3.       It is understood and agreed that the Village of Noble shall be entitled to all fines levied for violations of village ordinances and for traffic violations occurring within the Village as provided by law, less any applicable costs due to the Richland County Sheriff and/or the Richland County Circuit Clerk’s Office.  Furthermore, the Village of Noble agrees to reimburse
the Richland County Sheriff Office and the Richland County States Attorney Office for any out-of-pocket expenses which would not have been incurred by those offices but for their activities directly attributable to the performance of their authorities established herein.

          4.       This Agreement has been approved by the County of Richland at a regular meeting held on the 13th day of August, 2009, and approved by the Board of Trustees of the Village of Noble at a regular meeting held on the 10th day of August, 2009.

          5.       This Agreement shall become effective upon the approval of all parties noted.  This Agreement shall terminate one year from the effective date of the Agreement, unless the parties hereto agree in writing to extend this Agreement thereafter.

          APPROVED by the President and Board of Trustees of the Village of Noble, Illinois, this 13th day of August, 2009.

ATTEST:

/s/ Tresa Hundley                                            /s/ Richard E. Clark                               
Village Clerk                                                   Village President