[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 9-5-1978 by Ord. No. 78-014. Amendments noted where applicable.]
Authority of City to supply services during emergency — See § C-220.
Public money — See MCLA § 750.489 et seq.
It is the intent and purpose of this chapter to establish an organization that will ensure the complete and efficient utilization of all City resources during periods of emergency and disaster.
The City of Monroe has elected to be incorporated into the Monroe County Emergency Management Plan. The City Council and the Mayor may exercise the authority and discharge the responsibilities vested in them by this chapter, Act 390 of the Public Acts of 1976, as amended, and the Support Emergency Operations Plan for the City of Monroe.
Editor's Note: See MCLA § 30.401 et seq.
This chapter will not relieve any elected officials or City departments of the normal responsibilities or authority given by general law or local ordinance.
For the purpose of this chapter, certain words used herein are defined as follows:
- An occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including fire, flood, snow, ice, wind storm, wave action, oil spill, water contamination requiring emergency action to avert danger or damage, utility failure, hazardous peacetime radiological incident, major transportation accident, epidemic, air contamination, blight, drought, infestation, explosion, riot or hostile military or paramilitary action. Riots and other civil disorders are not within the meaning of this term, unless they directly result from and are an aggravating element of the disaster.
- DISTRICT COORDINATOR
- The State Police Emergency Management Division District Coordinator or his or her authorized representative.
- Any occasion or instance in which assistance is needed to supplement efforts to save lives and/or protect property and the public health and safety, or to lessen or avert the threat of a disaster.
- EMERGENCY MANAGEMENT PLAN (EMP)
- The plan developed and maintained by an emergency management program for the purpose of organizing and coordinating the emergency management activities of the City under the plan. An EMP usually consists of a basic plan with various supporting annexes for each service or function.
- EMERGENCY MANAGEMENT PROGRAM
- A program established to coordinate mitigation, preparedness, response and recovery activities for all emergency or disaster situations within a given geographic area made up of one or several political subdivisions. Such 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.
- EMERGENCY PREPAREDNESS COORDINATOR
- The top appointed official for the City. The responsibilities of this position include, but are not limited to, annual review of the Support Emergency Operations Plan, coordinating with the Monroe County Emergency Management Coordinator to assure compatibility with the County Plan; participating in periodic exercise of the plan as may be required; assisting the chief executive official in declaring a local state of emergency; assuring proper implementation of the plan and notification of the Monroe County Emergency Management Division in the event of a local state of disaster.
- The chief elected official of the City.
- STATE OF DISASTER
- A declaration by executive order or proclamation by the Governor under the provisions of Act 390 of the Public Acts of 1976, as amended, which activates the response and recovery aspects of state and local emergency operations plans.
- STATE OF EMERGENCY
- A declaration by the Mayor pursuant to this chapter which activates the emergency support plan for the City of Monroe and authorizes the deployment and use of any City forces to which the plan applies.
The Mayor, with the approval of the Council, is hereby authorized and directed to create an organization to prepare for community disasters, utilizing to the fullest extent existing agencies within the municipality. The Mayor, as chief executive officer of the City, shall be the director of the emergency preparedness forces of the City and shall be responsible for their organization, administration and operation, working through the Emergency Preparedness Coordinator.
The organization for providing emergency services shall consist of the following:
An Office of Emergency Preparedness established within the City government. The Office of Emergency Preparedness shall have an administrative head appointed who will be known as the Emergency Preparedness Coordinator. Such assistants and other employees as are deemed necessary for the proper functioning of the organization will be employed.
The employees, equipment and facilities of all municipal departments, boards, institutions and commissions suitable for, or adaptable to, emergency services activities, may be designated as part of the total emergency preparedness forces. Such designations shall be by the Mayor with the approval of the Council.
All officers and employees of departments, commissions, boards, institutions and other agencies of the City government who are designated by the Mayor with the approval of the Council as emergency preparedness forces shall cooperate with the Emergency Preparedness Coordinator in the formulation of the emergency management plan, and they shall assist the Coordinator in all matters pursuant to the provisions of this chapter.
The Mayor, with the approval of the Council, shall appoint an Emergency Preparedness Coordinator, who shall be a person with the personal attributes, experience and training needed to coordinate the activities of the agencies, departments and individuals within the City to protect the public health, safety and welfare during emergency situations and disasters.
An Emergency Management Liaison shall be designated to be responsible for working with the Monroe County Emergency Management Coordinator on all matters pertaining to emergency management within the City of Monroe.
Officers shall be designated from City departments having responsibilities for emergency management. These officers shall include, but are not wholly inclusive of, a law enforcement officer, a fire services officer, a damage assessment officer, a public works officer, a health services officer and a public information officer.
The Mayor may exercise the emergency powers and authority as specified herein. Whenever a situation requires, or is likely to require, that the Mayor invoke such powers and authority, he or she shall, as soon as is reasonably expedient, convene the Council to perform its legislative and administrative duties as the situation demands, and he or she shall report to Council relative to emergency activities. Nothing in this chapter shall be construed as abridging or curtailing the powers of the Council unless specifically provided herein.
Under the following circumstances, the Mayor may declare that a state of emergency exists in the City and may assemble and utilize the emergency preparedness forces in accordance with the City Emergency Management Plan, and he or she may prescribe the manner and conditions of the use of such emergency preparedness forces, as follows:
Whenever the Mayor deems that any condition in the City is beyond the control of local public or private agencies or has attained or threatens to attain the proportions of a major disaster, he or she may request the Monroe County Emergency Management Division to request a declaration of a state of disaster from the Governor in accordance with Section 14 of Act 390 of the Public Acts of 1976, as amended.
Editor's Not: See MCLA § 30.401 et seq.
The Mayor, with the approval of the Council, is hereby empowered and has the authority:
To appropriate and expend funds, make contracts and obtain and distribute equipment, materials and supplies for disaster purposes.
To provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster.
To assign and make available for duty, the employees, property or equipment of the municipality relating to firefighting; engineering; rescue; health, medical and related services; police; transportation; construction; and similar items or service for disaster relief purposes within or without the physical limits of the municipality.
In the event of a foreign attack upon this state, to waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of permanent and temporary workers, utilization of volunteer workers, rental of equipment, purchase and distribution with or without compensation of supplies, materials and facilities, and appropriation and expenditure of public funds.
The Mayor, with the approval of the Council, shall establish procedures for the succession of government during emergencies where officials are unavailable for exercising the powers and discharging the duties of their respective offices.
When obtaining formal approval would result in delay of relief activity, the Mayor, until the Council convenes, may waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase and distribution of supplies, materials and facilities, and expenditure of existing funds. Council is also empowered to waive any such procedures and formalities.
The Emergency Preparedness Coordinator shall be responsible for the administration, planning, coordination and operation of all emergency preparedness activities in the City. He or she shall maintain liaison with county, state and federal authorities and the authorities of adjacent and nearby political subdivisions so as to ensure the most effective emergency operations.
His or her emergency duties shall include, but not be limited to, the following:
Advise the Mayor and coordinate all emergency response actions.
Activate the City Emergency Operations Center located in the third floor of the City Hall building.
Direct departments and/or agencies to respond to the situation.
Issue directives as to travel restrictions on local roads and recommend protective actions if necessary.
Notify the public of the situation and of appropriate actions to take.
Keep the Monroe County Emergency Management Coordinator informed of the situation and actions taken.
This chapter is an exercise by the City of its governmental functions for the protection of the public health, safety and general welfare. As such, neither the City nor its agents and representatives, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, acting in good faith in carrying out, complying with or attempting to comply with this chapter, shall be liable for any damage sustained by any person or property as a result of said activity.
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the City the right to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons during a disaster 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.
At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all other existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent therewith.
No person shall willfully obstruct, hinder or delay any emergency preparedness forces in the enforcement or accomplishment of any rule or regulation issued pursuant to this chapter, or do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. In addition, no person shall wear, carry or display any emblem, insignia or other means of identification as a member of the emergency preparedness forces of the City unless authority to do so has been granted to such person by proper officials.
There shall be established and maintained a general fund to be known as the "Emergency Fund." The Emergency Fund shall include that part or portion of the revenues raised by general taxation upon all of the property in the City, and that part or portion of the revenues raised by loan to be repaid by such tax, as shall be provided for by action of the Council in anticipation of casualty, accident or public calamity, in accordance with the provisions of the City Charter.