[HISTORY: Adopted by the City Council of the City of Roseville 12-10-1991 as Ord. No. 1021 (Ch. 24 of the 1984 Code). Amendments noted where applicable.]
Mayor as conservator of peace in times of emergency — See Ch. 5, Sec. 5.1.
This chapter shall be known as the "Emergency Management Ordinance."
For the purpose of this chapter, certain words herein are defined as follows:
- The Michigan Emergency Management Act, No. 390 of the Public Acts of 1976, as amended [MSA § 4.824(11) et seq.; MCL § 30.401 et seq.].
- DEPUTY EMERGENCY MANAGEMENT COORDINATOR
- A person appointed by the City of Roseville to act as liaison between the City of Roseville and the Macomb County Emergency Management Coordinator.
- An occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from natural or human-made cause, including but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, hazardous material spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, oil spill, epidemic, air contamination, blight, drought, infestation, explosion or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots or civil disorders.
- DISASTER RELIEF FORCE
- All agencies of county and municipal government, private and volunteer personnel, public officers and employees and all other persons or groups of persons in the Macomb County Emergency Operation Plan as having duties to perform or those called into duty or working at the direction of a party identified in the plan to perform specific disaster or emergency-related task during a local state of emergency.
- DISTRICT COORDINATOR
- The Michigan Department of State Police District Emergency Management Coordinator. The District Coordinator serves as liaison between local emergency management programs and the Michigan State Police Emergency Management Division in all matters pertaining to the mitigation, preparedness response and recovery and disaster situations.
- EMERGENCY MANAGEMENT COORDINATOR
- The person appointed to coordinate all matters pertaining to emergency management within the municipality. The Emergency Management Coordinator for the City of Roseville is the Macomb County Emergency Management Coordinator.
- EMERGENCY MANAGEMENT PROGRAM
- A program established to coordinate mitigation, preparedness, response and recovery activities for all emergency or disaster situations within the City of Roseville. Such a program has an appointed Emergency Management Coordinator and meets the program standards and requirements as established by the Department of State Police Emergency Management Division. The City of Roseville has elected to be part of the Macomb County Emergency Management Program.
- EMERGENCY OPERATIONS PLAN
- The plan developed and maintained by the county and political subdivisions included in the Emergency Management Program area for the purpose of responding to all emergency or disaster situations by identifying and organizing the disaster relief force.
- GOVERNOR'S STATE OF DISASTER
- An executive order or proclamation by the Governor that implements the disaster and recovery aspects of the Emergency Management Plan and applicable local plans of the county or municipal programs affected.
- GOVERNOR'S STATE OF EMERGENCY
- An executive order or proclamation by the Governor that implements the emergency response and recovery aspects of the Michigan Emergency Management Plan and applicable plans of the county or municipal programs effected.
- LOCAL STATE OF EMERGENCY
- A declaration by the Mayor or City Manager or other officials designated. This declaration implements the response and recovery aspects of the Macomb County Emergency Operations Plan and authorizes certain actions as described in this chapter.
By the authority of this chapter, the City of Roseville hereby appoints the Macomb County Emergency Management Coordinator as the Emergency Management Coordinator for the City of Roseville. In addition to acting for and at the direction of the Chairperson of the Macomb County Board of Commissioners, the Emergency Management Coordinator will also act for and at the direction of the Mayor or City Manager of the City of Roseville.
A line of succession for the Macomb County Emergency Management Coordinator has been established and is listed in the Macomb County Emergency Operation Plan.
The Emergency Management Coordinator shall comply with the standards and requirements as established by the Department of State Police, Emergency Management Division, under the authority of the Act, in accomplishing the following:
Directing and coordinating the development of the Macomb County Emergency Operations Plan, which shall be consistent in content with the Michigan Emergency Management Plan.
Specifying departments or agencies which must provide an annex to the plan or otherwise cooperate in its development.
Identifying departments and agencies to be included in the Emergency Operations Plan as part of the relief force.
Developing and maintaining a county resource manual.
Coordinating the recruitment, appointment and utilization of volunteer personnel.
Assuring that the Emergency Management Program meets eligibility requirements for state and federal aid.
Coordinating or conducting training and exercise programs for the disaster relief force within the county and testing the adequacy of the Emergency Management Plan.
Through public information programs, educating the population on actions necessary for the protection of life and property in an emergency or disaster.
Assisting in the development of mutual aid plans.
Assisting the City of Roseville Deputy Emergency Management Coordinator liaison with the development of municipal standard operating procedures which are consistent with the County Emergency Operations Plan.
Overseeing the implementation of all functions necessary during an emergency or disaster in accordance with the Emergency Operations Plan.
Coordinating county emergency management activities with those of municipalities included in the County Emergency Management Program, other municipalities, the state and adjacent counties.
Coordinating all preparedness activities, including maintaining primary and alternate Emergency Operations Centers.
Identifying mitigation opportunities within the county and encouraging departments/agencies to implement mitigation measures.
By the authority of this chapter, the Roseville City Council shall appoint a liaison for the purpose of assisting the County Emergency Management Coordinator in coordinating the emergency management activities within the City of Roseville. The duties of the liaison (Deputy Coordinator) are as follows:
To coordinate municipal emergency management activities with those of the county and adjacent jurisdictions.
To assist the County Emergency Management Coordinator with the development of the County Emergency Operations Plan and the incorporation of municipal resources to the plan.
To identify municipal departments and agencies to be included in the Emergency Operations Plan as part of the disaster relief force.
To identify municipal resources and forward information to the County Emergency Management Coordinator for inclusion in the county resource manual.
To coordinate the recruitment, appointment and utilization of volunteer services.
To assist the County Emergency Management Coordinator with administering training programs.
To coordinate municipal participation in exercises conducted by the county.
To assist in the development of mutual aid agreements.
To assist in educating the population as to actions necessary for the protection of life and property in an emergency or disaster.
To encourage departments/agencies within the city to identify and implement procedures to mitigate the effects of potential disasters.
To assist in the assessment of the nature and scope of the emergency or disaster and collect damage assessment information and forward it to the county.
To assist in the coordination of the Vital Records Protection Program.
To develop municipal standard operating procedures for disaster response which are consistent with the County Emergency Operations Plan.
To assist as liaison to the County Emergency Management Coordinator at disasters, hazardous materials incidents, fires, floods, ice storms, tornadoes and other disasters.
In the event of the absence or unavailability of the municipal liaison (Deputy Coordinator), a line of succession to the position of municipal liaison shall be as follows:
On an annual basis, the Mayor and City Manager shall review the eligibility and performance of the County Emergency Management Coordinator and make recommendations to the Roseville City Council.
The Mayor, City Manager or other designated person shall review the effectiveness of the Macomb County Emergency Operations Plan as the plan relates to the municipality once every two years. With the assistance of the municipal liaison, he/she shall make recommendations to the County Emergency Management Coordinator of any changes which may be needed. After this review and incorporation of necessary changes, the Mayor or City Manager shall certify the plan to be current and adequate for the City of Roseville for the ensuing two years.
When circumstances within the City of Roseville indicate that the occurrence or threat of occurrence of widespread or severe damage, injury or loss of life or property from natural or human-made cause exists, the Mayor, City Manager or other designated official may declare a local state of emergency. Such a declaration shall be promptly filed with the Macomb County Emergency Management Office, which shall forward it to the Department of State Police, Emergency Management Division. This declaration shall not be continued or renewed for a period in excess of seven days, except with the consent of the Roseville City Council.
If the Mayor or City Manager or other designated person invokes such power and authority, he/she shall, as soon as is reasonably expedient, convene the Roseville City Council for one or more emergency meetings in accordance with the Open Meetings Act to perform its normal legislative and administrative duties as the situation demands and will report to the body relative to emergency activities. Nothing in this chapter shall be considered as abridging or curtailing the powers of the Roseville City Council unless specifically provided herein.
The Mayor or City Manager or other designated official may do one or more of the following under a local state of emergency:
Direct the Emergency Management Coordinator to implement the Emergency Operations Plan.
Issue directives as to travel restrictions on local roads within the municipality.
Relieve Roseville city employees of normal duties and temporarily reassign them to other duties.
Activate mutual aid agreements.
Direct the municipal disaster relief effort in accordance with the Macomb County Emergency Operations Plan and Municipal Operations Plan.
Notify the public of the situation and recommend in-place or evacuation protective measures.
When obtaining normal approvals would result in further injury or damage, until the Roseville City Council convenes, waive procedures and formalities otherwise required pertaining to the following:
For a period of up to seven days, send municipal employees and resources to the aid of other communities as provided by mutual aid agreements.
For a period of up to seven days, appropriate and expend funds from the Disaster Contingency Fund.
For a period of up to seven days, make contracts and obtain and distribute equipment, materials and supplies for disaster purposes.
Employ temporary workers.
Purchase and distribute supplies, materials and equipment.
Make, amend or rescind ordinances or rules necessary for emergency management purposes which supplement a rule, order or directive issued by the Governor or a state agency. Such an ordinance or rule shall be temporary and, upon the Governor's declaration that a state of disaster or state of emergency is terminated, shall no longer be in effect.
If a state of disaster or emergency is declared by the Governor, assign and make available for duty the employees, property or equipment of the City of Roseville within or without the physical limits of the City of Roseville as ordered by the Governor or the Director of the Michigan Department of State Police in accordance with the Act.
If a disaster or emergency occurs that has not yet been declared to be a state of disaster or a state of emergency by the Governor and the Mayor or City Manager or other designated official determines that the situation is beyond the control of the municipality, he/she may request the Governor to declare that a state of disaster or state of emergency exists in the municipality in accordance with the Act. This shall be done by immediately contacting the Macomb County Emergency Management Coordinator. The Emergency Management Coordinator shall immediately contact the District Coordinator. The District Coordinator, in conjunction with the Emergency Management Coordinator and the Municipal Deputy Coordinator, shall assess the nature and scope of the disaster or emergency, and they shall recommend state personnel, services and equipment that will be required for its prevention, mitigation or relief.
Each municipal department, commission, board or other agency of municipal government is authorized to appoint volunteers to augment its personnel in time of emergency to implement emergency functions assigned in the Macomb County Emergency Operations Plan. Such individuals are part of the disaster relief force and shall be subject to the rules and operational control set forth by the respective department, commission, board or agency through which the appointment was made and shall be reimbursed for all actual and necessary travel and subsistence expenses.
A Disaster Contingency Fund is hereby created, with a budget of not less than $100. Money may be expended from the fund when a local state of emergency has been declared for the purpose of paying the disaster relief force, purchase of supplies and services, repair costs or other needs required specifically for the mitigation of the effects of or in response to the emergency or disaster.
In accordance with the Act, personnel of the disaster relief force while on duty shall have the following rights:
If they are employees of the municipality or other governmental agency, regardless of where serving, the powers, duties, rights, privileges and immunities and the compensation incidental to their employment.
If they are not employees of the municipality or other governmental agency, the same rights and immunities as provided for by law.
The Roseville City Council shall provide for the temporary movement and reestablishment of essential government offices in the event that existing facilities cannot be used.
As provided for in the Act and this chapter, the municipality, or the agents or representatives of a municipality, shall not be liable for personal injury or property damage sustained by the disaster relief force engaged in disaster relief activity. No person shall be liable in a civil action for damages resulting from an act or omission arising out of and in the course of the person's good faith rendering of that activity, unless the person's act or omission was the result of that persons gross negligence or willful conduct. The right of a person to receive benefits or compensation to which he or she may otherwise be entitled to under the Workers' Compensation Law, any pension law or act of Congress will not be affected as a result of said activity. As provided for in the Act, any person owning or controlling real estate or other premises who voluntarily and without compensation grants the municipality the right to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons or for any other disaster-related function during a declared local state of emergency or during an authorized practice disaster exercise shall not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license, privilege or other permission or for loss of or damage to the property of such person.
It shall be unlawful for any person willfully to obstruct, hinder or delay any emergency services forces in the enforcement of accomplishment of any rule or regulation issued pursuant to this chapter or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or other means of identification as a member of the emergency services forces of the City of Roseville unless authority to do so has been granted to such person by proper officials. Convictions for violations of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I.