In preparing and executing the emergency management plan, the
Emergency Management Manager shall utilize the services, equipment,
supplies and facilities of the existing departments and agencies of
the City to the maximum extent practicable. The officers and personnel
of all departments and agencies are directed to cooperate with and
extend their services and facilities to the Emergency Management Division.
The Manager of Emergency Management and/or the Director of Community
Development may, subject to the approval of the Common Council, enter
into mutual aid agreements with other political subdivisions. Copies
of these agreements shall be filed with the State Emergency Management
Office.
Upon the declaration of a state of emergency by the Governor,
the Mayor, or, in the absence of the Mayor, the Council President,
or, in the absence of the Council President, the Director of Community
Development or the Manager of Emergency Management, shall issue all
necessary proclamations as to the existence of such state of emergency
and shall issue any disaster warnings or alerts as shall be required
in the emergency management plan. The emergency management organization
shall take action in accordance with the emergency management plan
only after the declaration of an emergency and the issuance of official
disaster warnings. A state of emergency shall continue until terminated
by the issuing authority, provided that any declaration not issued
by the Governor may be terminated at the discretion of the Common
Council.
[Amended 5-23-2023 by Ord. No. 2671]
Except as expressly provided hereunder, no person shall have
the right to expend any public funds of the City in carrying out any
emergency management activity authorized by this chapter without prior
approval by the Common Council, nor shall any person have any right
to bind the City by contract, agreement or otherwise without prior
and specific approval of the Common Council and/or per the City's
procurement or contract policies. Notwithstanding the foregoing, the
Mayor and the Director of Community Development shall have the authority
under the City’s procurement policy to purchase supplies, equipment
or services as may be necessary to address a current emergency as
declared by the Mayor, Common Council President or Council of the
City of New Berlin in a total amount not to exceed $100,000. The Emergency
Management Manager or Director of Community Development shall have
the authority to purchase supplies, equipment or services as may be
necessary to address a current emergency situation as declared by
the City in an amount not to exceed $50,000; however, the total amount
spent shall not exceed $100,000 unless authorized by the Common Council.
Any expenses incurred under this subsection shall immediately be reported
to the Mayor and the Finance Director.
Any person who shall obstruct, hinder or delay any member of the emergency management organization in the enforcement of any order, rule, regulation or plan issued pursuant to this chapter shall, upon conviction thereof, be subject to the penalties as set forth in Chapter
1, General Provisions, §
1-18, of this Code.
[Added 5-23-2023 by Ord. No. 2671]
From time to time, the City holds events for the benefit of the public, including activities such as the Fourth of July Festival, the Safety Saturday Event, as well as other City sponsored fairs, festivals, parades, walks, runs/marathons, markets, block parties, exhibitions, motion picture showings or other City sponsored events. These events shall be subject to the right of the City to shut down such an event that is in progress if the continuation of the event is deemed to be inadvisable due to a public safety hazard and/or public nuisance as determined by the police department, fire department and/or City of New Berlin emergency management. Any attendee and/or vendor at such events shall be required to abide by an order of the police department, fire department and/or emergency management to terminate the event and to leave the event location. Failure to abide by order or direction of these police department, fire department and/or emergency management shall be subject to citation in accordance with §
1-18 of the City of New Berlin Municipal Code.