[HISTORY: Adopted by the Council of the City
of Meriden 11-6-1974; amended in its entirety 7-17-1989. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 91.
Peace and good order — See Ch. 153.
Streets and sidewalks — See Ch. 180.
STATUTORY REFERENCES
Civil preparedness generally — See
C.G.S. § 28-1 et seq.
This chapter shall be known and may be cited
and referred to as the "Emergency Management Ordinance of the City
of Meriden."
A.Â
It is the intent and purpose of this chapter to establish
and this chapter does hereby establish an Office of Emergency Management
which will ensure the complete and efficient utilization of all the
City's facilities to combat disaster resulting from enemy actions
or other disasters as defined herein.
B.Â
The Meriden Office of Emergency Management will be
the coordinating agency for all activity in connection with civil
preparedness; it will be the instrument through which the City Manager
may exercise the authority and discharge the responsibilities vested
in him under Title 28, Chapter 517, of the Connecticut General Statutes,
as amended, the City Charter, as amended, and this chapter.
C.Â
This chapter will not relieve any City department
of the moral responsibilities or authority given to it in the City
Charter or the Connecticut General Statutes or by local ordinance,
nor will it adversely affect the work of any volunteer agency organized
for relief in disaster emergencies.
As used in this chapter, the following terms
shall have the meanings indicated:
A direct or indirect assault against the City of Meriden,
its government, its environs or the nation by the forces of a hostile
nation or the agents thereof, including assault by bombing; radiological,
chemical or biological warfare; or sabotage.
In its broad meaning, to carry out the basic government functions
of maintaining the public peace, health, safety and welfare during
an emergency. This shall include plans and preparations for protection
from and relief, recovery and rehabilitation from the effects of an
attack on the City by the forces of an enemy nation or the agents
thereof, and it shall also include such activity in connection with
disaster as defined herein. It shall not however, include any activity
that is the primary responsibility of the military forces of the United
States.
The employees, equipment and facilities of all City departments,
boards, institutions and commissions, and, in addition, it shall include
all volunteer personnel, equipment and facilities contributed by or
obtained from volunteer persons or agencies.
Any person duly registered, identified and appointed by the
Director of the Office of Emergency Management and assigned to participate
in the civil preparedness activity; such appointment shall be in accordance
with Title 28, Chapter 517, of the General Statutes of the State of
Connecticut, as amended.[1]
The administrator of the Meriden Office of Emergency Management,
appointed as prescribed in this chapter.
Includes but is not limited to actual or threatened enemy
attack, sabotage, extraordinary fire, flood, storm, epidemic or other
impending or actual calamity endangering or threatening to endanger
health, life or property or constituted government.
Includes plans, programs and other emergency procedures deemed
essential to civil preparedness.
Contributing a service, equipment or facilities to the civil
preparedness organization without remuneration.
A.Â
The City Manager is hereby authorized and directed
to create an organization for civil preparedness utilizing to the
fullest extent the existing agencies within this City. The City Manager,
as executive head of the municipal government, shall be responsible
for the organization, administration and operations of the Office
of Emergency Management.
B.Â
The organization shall consist of the following:
(1)Â
There shall be an executive head of the Office of
Emergency Management who shall be known as the Director, or Co-Directors,
of the Office of Emergency Management, and such assistants and other
employees as are deemed necessary for the proper functioning of the
organization.[1]
(2)Â
The employees, equipment and facilities of all City
departments, boards, institutions and commissions will participate
in the civil preparedness activity. Duties assigned to a City department
shall be the same or similar to the normal duties of the department.
This shall also apply to public school facilities and personnel.
(3)Â
Volunteer persons and agencies offering service to
and accepted by the City.
C.Â
The City Manager shall appoint a Director or Co-Directors
of the Meriden Office of Emergency Management who shall be a person
well versed and trained in planning operations involving the activities
of many different agencies which will operate to protect the public
health, safety and welfare in the event of danger from enemy action
or disaster as defined in this chapter.
D.Â
The Director or Co-Director, with approval of the
City Manager, shall appoint Deputy Directors to assume the emergency
duties of the Director or Co-Directors in the event of their absence
or inability to act.
A.Â
City Manager.
(1)Â
The City Manager may exercise the emergency power
and authority necessary to fulfill his general powers and duties as
defined in the City Charter. The judgment of the City Manager shall
be the sole criteria necessary to invoke emergency powers provided
in the City Charter, the Code of the City of Meriden and other appropriate
authorities. The City Council may convene to perform its legislative
powers as the situation demands and shall receive reports relative
to civil preparedness activities.
(2)Â
During any period when disaster threatens or when
the City has been struck by disaster, within the definition of this
chapter, the City Manager may promulgate such regulations as he deems
necessary to protect life and property and preserve critical resources.
(a)Â
Such regulations may include, but shall not
be limited to, the following:
[1]Â
Regulations prohibiting or restricting the movement
of vehicles in order to facilitate the work of civil preparedness
forces or to facilitate the mass movement of persons from critical
areas within or without the City.
[2]Â
Regulations pertaining to the movement of persons
from areas deemed to be hazardous or vulnerable to disaster.
[3]Â
Such other regulations necessary to preserve
public peace, health and safety.
(b)Â
Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and uttered by newspapers and radio. These regulations will have the force of ordinance when duly filed with the City Clerk, and violations will be subject to the penalties provided in § 87-9.[1]
(3)Â
The City Manager shall order civil preparedness forces
to the aid of other communities when required in accordance with the
statutes of the state, and he may request the state, or a political
subdivision of the state, to send aid to the City of Meriden in case
of disaster when conditions in the City are beyond the control of
the local civil preparedness forces.
(4)Â
The City Manager may obtain vital supplies, equipment
and other properties found lacking and needed for the protection of
health, life and property of the people and bind the City for the
fair value thereof.
(5)Â
The City Manager may require emergency services of
any City officers or employees. If regular City forces are determined
inadequate, the City Manager may require the services of such other
personnel as he can obtain that are available, including citizen volunteers.
All duly authorized persons rendering emergency services shall be
entitled to the privileges and immunities as are provided by state
law, the City Charter and ordinances for regular City employees and
other registered and identified civil preparedness and disaster workers
and, upon demand, may receive appropriate compensation for their emergency
employment.
(6)Â
The City Manager will cause to be prepared the operations
plan herein referred to and exercise his ordinary powers as City Manager,
all of the special powers conferred upon him by the City Charter and
the Code of the City of Meriden and all powers conferred upon him
by any statute or any other lawful authority.
B.Â
Director/Co-Directors of the Office of Emergency Management.
(1)Â
The Director/Co-Directors of the Office of Emergency
Management shall be responsible to the City Manager in regard to all
phases of the civil preparedness and emergency management activities.
Under the supervision of the City Manager, he/they shall be responsible
for the planning, coordination and operation of the civil preparedness
and emergency management activity in the City. Under the supervision
of the City Manager, he/they shall maintain liaison with the state
and federal authorities and the authorities of other nearby political
subdivisions so as to ensure the most effective operation of the civil
preparedness plan.
(2)Â
His/their duties shall include, but shall not be limited
to, the following:
(a)Â
Coordinating the recruitment of volunteer personnel
and agencies to augment the personnel and facilities of the City for
civil preparedness purposes.
(b)Â
Development, testing and coordination of plans
for the immediate use of all of the facilities, equipment, manpower
and other resources of the City for the purpose of minimizing or preventing
damage to persons and property and protecting and restoring to usefulness
governmental services and public utilities necessary for the public
health, safety and welfare.
(c)Â
Negotiating and concluding agreements with owners
or persons in control of buildings or other property for the use of
such buildings or other property for civil preparedness purposes and
designating suitable buildings as public shelters.
(d)Â
Through public information programs, educating
the civilian population as to actions necessary and required for the
protection of their persons and property in case of enemy attack or
disaster, as defined herein, either impending or present.
(e)Â
Conducting public practice alerts to ensure
the efficient operation of the civil preparedness forces and to familiarize
residents with civil preparedness regulations, procedures and operations.
(f)Â
Coordinating the activity of all other public
and private agencies engaged in any civil preparedness activity.
(g)Â
Assuming such authority and conducting such
activity as the City Council may direct to promote and execute the
civil preparedness plan.
A.Â
A comprehensive civil preparedness and disaster operations
plan shall be adopted and maintained by resolution of the City Council
upon the recommendations of the City Manager. In the preparation of
this plan as it pertains to City organization, it is the intent that
the services, equipment, facilities and personnel of all existing
departments and agencies shall be utilized to the fullest extent.
When approved, it shall be the duty of all municipal departments and
agencies to perform the functions assigned by the plan and to maintain
their portion of the plan in a current state of readiness at all times.
The operations plan shall be considered supplementary to this chapter
and have the effect of law whenever a disaster, as defined in this
chapter, has been proclaimed.
B.Â
The City Manager shall prescribe in the operations
plan those positions within the disaster organization, in addition
to his own, for which lines of succession are necessary. In each instance,
the responsible person will designate and keep on file with the City
Manager and the Director/Co-Directors a current list of three persons
as successors to his position. The list will be in order of succession
and will as nearly as possible designate persons best capable of carrying
out all assigned duties and functions.
C.Â
Each service chief and department head assigned responsibility
in the operations plan shall be responsible for carrying out all duties
and functions assigned therein. Duties will include the organization
and training of assigned City employees and volunteers. Each chief
shall formulate the operational plan for his service which, when approved,
shall be an annex to and a part of the operations plans. All other
City employees not specifically assigned a disaster task shall make
themselves available upon request of the City Manager for emergency
assignments and duties.
D.Â
Amendments to the operations plan shall be submitted
to the City Manager by the Director/Co-Directors. If approved, the
City Manager will submit the amendments to the City Council with his
recommendations for its approval. Such amendments shall take effect
immediately unless action is taken by the City Council disapproving
the City Manager's submission. In the event that an amendment is pending
at the time that a disaster is proclaimed under provisions of this
chapter, the amendment will be considered approved immediately and
will remain effective unless specifically revoked by the City Council.
E.Â
When a required competency or skill for a disaster
function is not available within the City government, the City Manager
is authorized to seek assistance from persons outside of government.
The assignment of duties, when of a supervisory nature, shall also
grant authority for the persons so assigned to carry out such duties
prior to, during and after the occurrence of a disaster. Such services
from persons outside of government may be accepted by the City on
a volunteer basis. Such citizens shall be enrolled as civil preparedness
volunteers in cooperation with the heads of City departments affected.
A.Â
This chapter is an exercise by the City of its governmental
functions for the protection of the public peace, health, safety and
welfare, and neither the City nor agents and representatives of said
City, or any individual, receiver, firm, partnership, corporation,
association or trustee, or any of the agents thereof, in good faith
carrying out, complying with or attempting to comply with any order,
rule or regulation promulgated pursuant to the provisions of this
chapter, shall be liable for any damage sustained to persons or property
as a result of said activity.
B.Â
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 or parts
of such real estate or premises for the purpose of sheltering persons
during an actual, impending or practice enemy attack, or any type
of emergency situation, shall not be civilly liable for the death
of or injury to any persons 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 to violate
any of the provisions of this chapter or of the regulations or plans
issued pursuant to the authority contained herein or to willfully
obstruct, hinder or delay any member of the civil preparedness organization,
as herein defined, in the enforcement of the provisions of this chapter
or any regulation or plan issued thereunder.
Any person, firm or corporation violating any provision of this chapter or any rule or regulation promulgated thereunder shall be subjected to the penalties of § 1-4 and/or § 28-22, Title 28, Chapter 517, of the General Statutes of the State of Connecticut.
