[§ 1, Ord. 670, eff. November 14, 1979]
The declared purposes of this chapter are to provide for the
preparation and carrying out of plans for the protection of persons
and property within this City in the event of an emergency, the direction
of the emergency organization, and the coordination of the emergency
functions of this City with all other public agencies, corporations,
organizations, and affected private persons.
[§ 1, Ord. 670, eff. November 14, 1979]
As used in this chapter, "emergency" shall mean the actual or
threatened existence of conditions of disaster or of extreme peril
to the safety of persons and property within this City caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from
war or imminent threat of war, but other than conditions resulting
from a labor controversy, which conditions are or are likely to be
beyond the control of the services, personnel, equipment, and facilities
of this City, requiring the combined forces of other political subdivisions
to combat.
[§ 1, Ord. 670, eff. November 14, 1979]
The Avalon Disaster Council is hereby created and shall consist
of the following:
(a) City Manager, who shall be Director of Emergency Services.
(b) Assistant Director of Emergency Services.
(c) Such chiefs of emergency services as are provided for in a current
emergency plan of this City, adopted pursuant to this chapter.
(d) Such representatives of civic, business, labor, veterans, professional,
or other organizations having an official emergency responsibility,
as may be appointed by the director with the advice and consent of
the City Council.
[§ 1, Ord. 670, eff. November 14, 1979]
It shall be the duty of the Avalon Disaster Council, and it
is hereby empowered, to develop and recommend for adoption by the
City Council, emergency and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are necessary
to implement such plans and agreements. The Disaster Council shall
meet upon call of the chairman, or, in his absence from the City or
inability to call such meeting, upon call of the vice chairman.
[§ 1, Ord. 670, eff. November 14, 1979]
There is hereby created the office of Director of Emergency
Services. The City Manager shall be the Director of Emergency Services.
There is hereby created the office of Assistant Director of
Emergency Services, who shall be appointed by the Director.
[§ 1, Ord. 670, eff. November 14, 1979]
(a) The Director is hereby empowered to:
(1)
Request the City Council to proclaim the existence or threatened
existence of a "local emergency" if the City Council is in session,
or to issue such proclamation if the City Council is not in session.
Whenever a local emergency is proclaimed by the director, the City
Council shall take action to ratify the proclamation within seven
days thereafter or the proclamation shall have no further force or
effect.
(2)
Request the Governor to proclaim a "state of emergency" when,
in the opinion of the Director, the locally available resources are
inadequate to cope with the emergency.
(3)
Control and direct the effort of the emergency organization
of this City for the accomplishment of the purposes of this chapter.
(4)
Direct cooperation between and coordination of services and
staff of the emergency organization of this City, and resolve questions
of authority and responsibility that may arise between them.
(5)
Represent this City in all dealings with public or private agencies
on matters pertaining to emergencies as defined herein.
(6)
In the event of the proclamation of a "local emergency" as herein
provided, the proclamation of a "state emergency" by the Governor
or the Director of the State Office of Emergency Services, or the
existence of a "state of war emergency", the Director is hereby empowered:
(i)
To make and issue rules and regulations on matters reasonably
related to the protection of life and property as affected by such
emergency; provided, however, such rules and regulations must be confirmed
at the earliest practicable time by the City Council.
(ii)
To obtain vital supplies, equipment, and such other properties
found lacking and needed for the protection of life and property and
to bind the City for the fair value thereof and, if required immediately,
to commandeer the same for public use.
(iii) To require emergency services of any City officer
or employee and, in the event of the proclamation of a "state of emergency"
in the County in which this City is located or the existence of a
"state of war emergency", to command the aid of as many citizens of
this community as he deems necessary in the execution of his duties
such persons shall be entitled to all privileges, benefits, and immunities
as are provided by State law for registered disaster service workers.
(iv)
To requisition necessary personnel or material of any City department
or agency.
(v)
To execute all of his ordinary power as City Manager, all of
the special powers conferred upon him by this chapter, or by resolution
or emergency plan pursuant hereto adopted by the City Council, all
powers conferred upon him by any statute, by any agreement approved
by the City Council, and by any other lawful authority.
(b) The Director of Emergency Services shall designate the order of succession
to that office, to take effect in the event the Director is unavailable
to attend meetings and otherwise perform his duties during an emergency.
Such order of succession shall be approved by the City Council.
(c) The Assistant Director shall, under the supervision of the Director
and with the assistance of emergency service chiefs, develop emergency
plans and manage the emergency programs of this City and shall have
such other powers and duties as may be assigned by the Director.
[§ 1, Ord. 670, eff. November 14, 1979]
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of §
4-2.06(a)(6)(iii) of this chapter, be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of Avalon.
[§ 1, Ord. 670, eff. November 14, 1979]
The Avalon Disaster Council shall be responsible for the development
of the City of Avalon Emergency Plan, which plan shall provide for
the effective mobilization of all of the resources of this City, both
public and private, to meet any condition constituting a local emergency,
state of emergency, or state of war emergency; and shall provide for
the organization, powers and duties, services, and staff of the emergency
organization. Such plan shall take effect upon adoption by resolution
of the City Council.
[§ 1, Ord. 670, eff. November 14, 1979]
Any expenditures made in connection with emergency activities,
including mutual aid activities, shall be deemed conclusively to be
for the direct protection and benefit of the inhabitants and property
of the City of Avalon.
[§ 1, Ord. 670, eff. November 14, 1979]
It shall be a misdemeanor, punishable by a fine of not to exceed
$500, or by imprisonment for not to exceed six months, or both, for
any person, during an emergency, to:
(a) Willfully obstruct, hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued
pursuant to this chapter, or in the performance of any duty imposed
upon him by virtue of this chapter.
(b) Do any act for bidden by any lawful rule or regulation issued pursuant
to this chapter if such act is of such a nature as to give or be likely
to give assistance to the enemy or to imperil the lives or property
of inhabitants of this City, or to prevent, hinder, or delay the defense
or protection thereof.
(c) Wear, carry, or display, without authority, any means of identification
specified by the emergency agency of the State.