[HISTORY: Adopted by the Common Council of the City of Arcadia 6-10-2008 by Ord. No. 111. Amendments noted where applicable.]
A. 
Title. This chapter shall be known as the "Emergency Management, Safety, and Civil Defense Commission Ordinance" of the City of Arcadia and will be referred to in this chapter as the "EMS&CDC Ordinance" or "this code."
B. 
Purpose.
(1) 
The primary purpose of this code is to establish a local emergency management and civil defense organization.
(2) 
Another purpose of this code is to provide for the exercise of necessary powers during civil defense emergencies.
(3) 
Another purpose of this code is to ensure that preparations through the City of Arcadia's Emergency Operations Plan will be adequate to effectively provide for an orderly and safe handling of a disaster, provide for the common defense, protect the public peace, health, safety, and general welfare, and preserve the lives and properties of the people of the City of Arcadia.
(4) 
Another purpose of this code is to provide for the rendering of emergency management, including without limitation cooperation and mutual aid between the City of Arcadia and other political subdivisions.
(5) 
It is further declared to be the purpose of this code and the general policy of the City of Arcadia that all civil defense and emergency management functions of this City shall be coordinated to the maximum extent practicable with existing services and facilities of this City and with comparable functions of the federal, State of Wisconsin, and Trempealeau County governments 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 effectively dealing with any disaster that may occur.
C. 
Scope. The scope of this code includes the creation, management, operation of, review of, budgeting for, and execution of the Emergency Operations Plan for the Emergency Management, Safety, and Civil Defense Commission for the City of Arcadia.
D. 
Authority. This code is adopted pursuant to the authority granted by §§ 323.11, 323.14(3)(a) and (4) and 323.54(1), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
As used in this chapter, the following terms shall have the meanings indicated:
CHAIR
The member of the Common Council for the City of Arcadia appointed to oversee the EMS&CDC.
CIVIL DEFENSE
All measures undertaken by or on behalf of the City of Arcadia to provide for an orderly and safe handling of a disaster, to provide for the common defense, and to protect the public peace, health, safety, and general welfare.
EMERGENCY MANAGEMENT
Includes civil defense and means all measures undertaken by or on behalf of the City of Arcadia to:
A. 
Prepare for and minimize the effect of natural or man-made disaster upon the civilian population.
B. 
Effectuate emergency repairs to or the emergency restoration of vital public utilities and facilities destroyed or damaged by such disaster.
EMS&CDC
The Emergency Management, Safety, and Civil Defense Commission for the City of Arcadia.
EOP
The Emergency Operations Plan for the City of Arcadia.
MUTUAL AID AGREEMENTS
The agreements made with other political subdivisions and/or private individuals or agencies to utilize equipment, personnel, or other items in a civil defense emergency.
A. 
There is hereby created the Emergency Management, Safety, and Civil Defense Commission ("EMS&CDC" or "Commission") for the City of Arcadia, Wisconsin.
B. 
The EMS&CDC shall be comprised of a member of the Common Council, the Chief of Police, the Chief of the Arcadia-Glencoe Fire Department, the Coordinator for the Arcadia Ambulance Service, the Street Department Superintendent, the Water and Wastewater Superintendent, the Electric Utility Superintendent, and a representative of an emergency health care provider in the City, or a designee of any one herein, all of whom shall serve without compensation. There may be additional members, permanent or temporary, as determined by and nominated by the Chair of the EMS&CDC and approved by the Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A member of the Common Council shall be appointed by the Mayor, subject to approval by the Common Council, and shall serve as Chair of the EMS&CDC. The Chair of the EMS&CDC shall:
(1) 
Appoint a Secretary of the Commission.
(2) 
Submit a budget to the Mayor and City Clerk-Treasurer by October 31 of each calendar year for approval by the Common Council.
(3) 
Keep and maintain the necessary equipment, information, mapping, files, and other materials for the operations of the EMS&CDC.
(4) 
Practice appropriate and standard document handling practices for the EMS&CDC and for the City of Arcadia.
(5) 
Be charged with the duties of coordinating all activities for civil defense and emergency management within the City of Arcadia and maintaining liaison and cooperation with civil defense and emergency management agencies of the county, state, and federal governments and shall participate in civil defense and emergency management activities upon request.
(6) 
Cause the EMS&CDC to provide for additional training, drills, and other necessary education for the organization, administration, and execution of the Emergency Operations Plan.
(7) 
Have such additional authority, duties, and responsibilities as are authorized by this code and as may from time to time be required or authorized by the Common Council.
D. 
The EMS&CDC shall be an advisory and planning group and shall advise the Common Council on matters pertaining to civil defense. The EMS&CDC shall meet upon the call of the Chair.
E. 
Whenever necessary to meet a civil defense emergency for which adequate regulations have not been adopted by the Common Council, the Mayor or, in his or her absence, the President of the Common Council or, in his or her absence, the Chair of the EMS&CDC 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 and preserve lives and property and to ensure the cooperation necessary in civil defense and emergency management activities. Such proclamation shall be posted in three public places and may be rescinded by the Common Council by resolution at any time.
A. 
The Chair of the EMS&CDC shall prepare the Emergency Operations Plan (EOP) and submit it for review and adoption by the Common Council. This EOP shall utilize the services, equipment, supplies, and facilities of the existing departments and agencies of the City of Arcadia to the maximum extent possible. The officers and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities to the Chair of the EMS&CDC.
B. 
The Emergency Operations Plan, once enacted, may be modified or amended as deemed necessary, with approval of the Common Council.
C. 
The Emergency Operations Plan shall be reviewed annually by the members of the EMS&CDC and, as deemed necessary, changes shall be submitted to the Common Council for adoption.
D. 
The Emergency Operations Plan shall reference all mutual aid agreements, contact information, and other vital information as determined by the Chair of the EMS&CDC.
A. 
The Chair of the EMS&CDC, with approval of the Common Council, shall enter into mutual aid agreements with other political subdivisions and various private agencies.
B. 
Mutual aid agreements shall be filed with the appropriate county and/or state agencies.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Mutual aid agreements shall be reviewed and modified as deemed necessary. Such changes are subject to the approval of the Common Council.
D. 
Mutual aid agreements shall be referenced in the EOP and shall be automatically renewed annually unless amended or modified.
E. 
The Chair of the EMS&CDC shall hold meetings and the heads of the departments of the City of Arcadia and members of the EMS&CDC shall provide necessary input and advice in regards to their respective mutual aid agreements.
A. 
Pursuant to § 323.54(1), Wis. Stats., there is hereby created a line of succession to provide for the continuity of government in the event of and throughout the duration of a state of emergency. The line of succession following the Mayor will be as follows:
(1) 
President of the Common Council.
(2) 
Chair of the Emergency Management, Safety, and Civil Defense Commission for the City of Arcadia.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Members of the Common Council, in order of seniority as members of the Common Council.
B. 
The Common Council of the City of Arcadia may declare a state of emergency pursuant to § 323.11, Wis. Stats.
C. 
Pursuant to § 323.14(4), Wis. Stats., the chief executive officer (Mayor or successor) may exercise by proclamation all of the powers conferred upon the governing body (Common Council) if said governing body is not available.
D. 
Pursuant to § 323.52, Wis. Stats., an emergency temporary location of government may be established by ordinance, resolution, or other manner in the event of a state of emergency where it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular location for the City of Arcadia.
A. 
An oath of office shall be prescribed by the Chair of the EMS&CDC and shall be sworn and signed by the members of the EMS&CDC.
B. 
A copy of all such sworn and signed oaths shall be maintained by the City Clerk-Treasurer.
A. 
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the EMS&CDC in the enforcement of any order, rule, regulation, or plan issued pursuant to this code.
B. 
It shall be unlawful for any person to do any act forbidden by any order, rule, regulation, or plan issued pursuant to this code.
C. 
Any person violating any of the provisions of this code, or any rule, regulation, or plan adopted hereunder, shall upon conviction thereof be subject to a forfeiture in accordance with § 323.28, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The Mayor or, in his or her absence, the official listed in § 38-6A of this code shall cause a police officer for the City of Arcadia to issue a citation imposing such forfeiture.