[Ord. No. 405, 4-2-2020]
This Chapter is enacted to set out and clarify the authority
of the City and its officers and employees with regard to emergency
and disaster situations. It is intended to grant as broad a power
as permitted by statutory and constitutional authority.
[Ord. No. 405, 4-2-2020]
When used in this Chapter, the following words shall have the
definitions set forth below:
CIVIL EMERGENCY
Includes, but not be limited to, any condition of unrest,
riot, civil disobedience, affray, unlawful assembly, hostile or military
or paramilitary action, war, terrorism, or sabotage, epidemic or any
event which results in mass casualties which may be beyond normal
capacity.
DISASTER
Whether natural or man-made, shall include, but not be limited
to, flood, fire, cyclone, tornado, earthquake, severe high or low
temperatures, water contamination or pollution, land contamination
or pollution, air pollution, blizzard, landslide, mudslide, hurricane,
building or structural collapse, high-water table, pandemic disease,
epidemic, riot, blight, drought, civil emergency, utility emergency,
severe energy shortages, snow, ice, windstorm, hazardous substance
spills or releases, chemical spills or releases, petroleum spills
or releases, biological matter spills or releases, radiation releases
or exposures, infestation, explosions, sabotage, mass transportation
accidents or public health emergencies. This definition should not
be applied rigidly to exclude situations not enumerated.
PUBLIC EMERGENCY
The imminent threat or occurrence of a disaster, civil emergency
or utility emergency affecting the City and its residents and inhabitants
where the Mayor determines that the exercise or discharge of emergency
or disaster powers is necessary to save lives, protect property, protect
the public health and safety, or to lessen or to avert the threat
of a catastrophe or calamity within the City.
UTILITY EMERGENCY
Includes, but not be limited to, conditions which endanger
or threaten to endanger the safety, potability, availability, transmission,
distribution, treatment, or storage of water, natural gas, gas, fuel,
electricity, communication, garbage, or sewage.
[Ord. No. 405, 4-2-2020]
In the event of an emergency, the Mayor is authorized to procure
all services, supplies, equipment or materials necessary to continue
the effective operation of the emergency preparedness plan without
regard to normal procedures or formalities normally prescribed by
ordinance; provided, that if the Board of Aldermen is meeting at the
time, the Mayor shall act pursuant to the orders and directions imposed
on that body. In the event of an emergency, the Mayor, by proclamation,
may waive any time-consuming formalities or procedures required by
the provisions of City ordinances pertaining to the advertisement
of bids for the execution of contracts and for the performance of
public work contracts.
[Ord. No. 405, 4-2-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section
225.030, may authorize the City Administrator or the City Administrator's designees to procure, by purchase or lease, such goods and services as are deemed necessary for the City's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurement made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the City Administrator within thirty (30) days after their procurement, and shall be open to public inspection for a period of at least one (1) year subsequent to the date of the emergency purchases. The City Administrator shall, within three (3) months of the conclusion of the emergency, formally communicate these emergency expenditures in a full written account to the Board of Aldermen.
[Ord. No. 405, 4-2-2020]
Proclamations, rules, and orders issued pursuant to Section
225.030 shall be effective upon issuance and shall remain in effect for a period of up to thirty (30) days or until terminated by the Mayor or Board of Aldermen, whichever comes first. This period may be extended by the Mayor only upon approval of the Board of Aldermen. Upon the expiration of the local state of emergency, those persons acting pursuant to Section
225.030 shall cease to exercise emergency powers.
[Ord. No. 405, 4-2-2020]
The violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule, or order, which proclamation, rule or order is issued pursuant to Section
225.030, or the violation of any order or directive given by a Peace Officer or designated emergency services personnel pursuant to authority resulting from Section
225.030 shall be an ordinance violation.