[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990
as Ch. 6 of the 1990 Code. Amendments noted where applicable.]
A.
"Emergency management"[1] shall mean the preparation for and the carrying out of all emergency
functions, other than functions for which the military forces are primarily
responsible, to minimize and repair injury and damage resulting from disaster
caused by enemy attack, sabotage or other hostile action or by fire, flood
or other natural causes.
B.
By reason of the increasing possibility of disasters
of unprecedented size and destructiveness; to insure that preparations will
be adequate to cope with such disasters; to provide for the common defense;
to protect the public peace, health, safety and general welfare; and to preserve
the lives and property of the people, it is hereby declared necessary to:
C.
It is further declared to be the purpose of this chapter
and the policy of the Village that all emergency management functions of the
Village be coordinated to the maximum extent practicable with existing services
and facilities of the Village and with comparable functions of the federal,
state and county government and other political subdivisions and of various
private agencies to the end that the most effective preparation and use may
be made of manpower, resources and facilities for dealing with any disaster
that may occur.
A.
How constituted. There is hereby created an Emergency
Management Commission composed of the Village President and as many additional
members as may be determined by the Village Board by resolution, who shall
be appointed by the President, subject to confirmation of the Village Board,
and who shall serve without compensation. The President shall serve as Chairman
of the Commission, and the Emergency Management Director shall serve as Secretary
of the Commission.
B.
Duties of the Commission. The Emergency Management Commission
shall be an advisory and planning group and shall advise the Village President,
Director and the Village Board on all matters pertaining to emergency management.
The Commission shall meet upon call of the Chairman.
A.
Appointment.
(1)
The office of Emergency Management Director is hereby
created. The Director shall be appointed by the Village President subject
to confirmation by the Village Board and shall receive such salary as may
be authorized by the Village Board. The Director shall be the Village President,
if no appointment is made. He shall take and file an official oath.
(2)
Deputy and assistant directors may be appointed by the
Director, subject to approval of the Commission, as may be deemed necessary,
and such appointees shall receive such compensation as may be determined by
the Village Board.
B.
Duties and authority of the Director; general plan for
emergency management.
(1)
The Director shall be the executive head of the emergency
management organization and shall have direct responsibility for the organization,
administration and operation of the emergency management organization subject
to the direction and control of the Village President and the Village Board.
He shall coordinate all activities for emergency management within the Village;
shall maintain liaison and cooperate with emergency management agencies and
organizations of other political subdivisions and of the state and federal
government; shall participate in county and state emergency management activities
upon request; and shall have such additional authority, duties and responsibilities
as are authorized by this chapter and as may from time to time be required
by the Village Board.
(2)
The Director shall prepare a comprehensive general plan
for emergency management of the Village and shall present such plan to the
Village Board for its approval. When the Board has approved the plan by resolution,
it shall be the duty of all municipal agencies and all emergency management
forces of the Village to perform the duties and functions assigned by the
plan as approved. The plan may be modified in like manner.
In preparing and executing the emergency management plan, the Director
shall utilize the services, equipment, supplies and facilities of the existing
departments and agencies of the Village to the maximum extent practicable,
and the officers and personnel of all such departments and agencies are directed
to cooperate with and extend such services and facilities to the Director.
Whenever necessary to meet an emergency for which adequate regulations
have not been adopted by the Village Board, the Village President, and in
his absence the Director, may by proclamation promulgate and enforce such
orders, rules and regulations relating to the conduct of persons and the use
of property as shall be necessary to protect the public peace, health and
safety; preserve lives and property; and insure the cooperation necessary
in emergency management activities. Such proclamations shall be posted in
three public places and may be rescinded by the Village Board by resolution
at any time.
The Director may, subject to the approval of the Board, enter into mutual
aid agreements with other political subdivisions. Copies of such agreements
shall be filed with the Division of Emergency Management in the State Department
of Military Affairs.
A.
Upon the declaration of a state emergency by the Governor,
by the Village President or the Director in the absence of the President,
or by the Village Board, the Director shall issue all necessary proclamations
as to the existence of such state of emergency and shall issue such disaster
warnings or alerts as shall be required in the emergency management plan.
B.
The emergency management organization shall take action
in accordance with the emergency management plan only after the declaration
of an emergency and the issuance of official disaster warnings. Such state
of emergency shall continue until terminated by the issuing authority, provided
that any such declaration not issued by the Governor may be terminated at
the discretion of the Village Board.
No person shall willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any order, rule, regulation or plan issued pursuant to this chapter or do any act forbidden by any order, rule, regulation or plan issued pursuant to this chapter. Any person violating this section shall be subject to a penalty as prescribed in Chapter 1, § 1-4, of this Code.
The Village Board shall from time to time designate in writing the successor
and an alternate successor for each Village officer and the head of each Village
department, who shall perform his duties and have his powers only during such
period of time as the officer or department head is unable to act in his official
capacity due to an emergency. Such written designation shall set forth the
name, address and telephone number of each successor and alternate successor,
and the same shall be filed with the Village Clerk-Treasurer and a copy thereof
filed with the Emergency Management Director.