[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.]
CHARTER REFERENCES
Authority of City to supply services during
emergency — See § C-220.
STATUTORY REFERENCES
Public money — See MCLA § 750.489
et seq.
A.
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.
B.
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,[1] as amended, and the Support Emergency Operations Plan
for the City of Monroe.
[1]
Editor's Note: See MCLA § 30.401
et seq.
C.
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.
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.
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.
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.
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.
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.
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.
A.
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.
B.
The organization for providing emergency services
shall consist of the following:
(1)
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.
(2)
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
C.
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,[1] as amended.
[1]
Editor's Not: See MCLA § 30.401
et seq.
D.
The Mayor, with the approval of the Council, is hereby
empowered and has the authority:
(1)
To appropriate and expend funds, make contracts and
obtain and distribute equipment, materials and supplies for disaster
purposes.
(2)
To provide for the health and safety of persons and
property, including emergency assistance to the victims of a disaster.
(3)
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.
(4)
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.
E.
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.
G.
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.
A.
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.
B.
His or her emergency duties shall include, but not
be limited to, the following:
(1)
Advise the Mayor and coordinate all emergency response
actions.
(2)
Activate the City Emergency Operations Center located
in the third floor of the City Hall building.
(3)
Direct departments and/or agencies to respond to the
situation.
(4)
Issue directives as to travel restrictions on local
roads and recommend protective actions if necessary.
(5)
Notify the public of the situation and of appropriate
actions to take.
(6)
Keep the Monroe County Emergency Management Coordinator
informed of the situation and actions taken.
A.
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.
B.
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.
