(a)
There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law. The director shall be responsible for conducting a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in section 22-52. He may delegate authority for execution of these duties to the emergency management coordinator, but ultimate responsibility for such execution shall remain with the director.
(b)
An emergency
management coordinator may be appointed by and serve at the pleasure
of the director.
(Code 1974, § 43/4-1)
The powers and duties of the emergency management director shall
include an ongoing survey of actual or potential major hazards which
threaten life and property within the city, and an ongoing program
of identifying and requiring or recommending the implementation of
measures which would tend to prevent the occurrence or reduce the
impact of such hazards if a disaster did occur. As part of his responsibility
in hazard mitigation, the director shall supervise the development
of an emergency operations plan for the city and shall recommend that
plan for adoption by the city council, along with any and all mutual
aid plans and agreements which are deemed essential for the implementation
of such emergency operations plan. The powers of the director shall
include the authority to declare a state of emergency, but such action
shall be subject to confirmation by the city council at its next meeting.
The duties of the director shall also include the causing of a survey
of the availability of existing personnel, equipment, supplies and
services which could be used during an emergency, as provided for
in this article, as well as a continuing study of the need for amendments
and improvements in the emergency operations plan. The duties and
responsibilities of the emergency management director shall include
the following:
(1)
The
direction and control of the actual emergency operations of the emergency
management organization as well as the training of emergency management
personnel.
(2)
The
determination of all questions of authority and responsibility that
may arise within the emergency management organization of the city.
(3)
The
maintenance of necessary liaison with other municipal, county, district,
state, regional, federal, or other emergency management organizations.
(4)
The
marshaling, after declaration of an emergency as provided for in this
article, of all necessary personnel, equipment or supplies from any
department of the city to aid in the carrying out of the provisions
of the emergency operations plan.
(5)
The
issuance of all necessary proclamations as to the existence of an
emergency and the immediate operational effectiveness of the city
emergency operations plan.
(6)
The
issuance of reasonable rules, regulations or directives which are
necessary for the protection of life and property in the city. Such
rules and regulations shall be filed in the office of the city secretary
and shall receive widespread publicity unless publicity would be of
aid and comfort to the enemy.
(7)
The
supervision of the drafting and execution of mutual aid agreements,
in cooperation with the representatives of the state and of other
local political subdivisions of the state, and the drafting and execution,
if deemed desirable, of an agreement with the county and with other
municipalities within the county, for the countywide coordination
of emergency management efforts.
(8)
The
supervision of, and final authorization for, the procurement of all
necessary supplies and equipment, including acceptance of private
contributions which may be offered for the purpose of improving emergency
management within the city.
(9)
The
authorizing of agreements, after approval by the city attorney, for
use of private property for public shelter and other purposes.
(Code 1974, § 43/4-2)
The mayor is hereby authorized to join with the county judge
and the mayors of the other cities in the county in the formation
of a disaster services council for the county, and shall have the
authority to cooperate in the preparation of a joint emergency operations
plan and in the appointment of a joint emergency management coordinator,
as well as all powers necessary to participate in a countywide program
of emergency management insofar as such program may affect the city.
(Code 1974, § 43/4-3)
The operational emergency management organization of the city
shall consist of the officers and employees of the city so designated
by the director in the emergency operations plan, as well as all organized
volunteer emergency management associations or groups. The functions
and duties of this organization shall be distributed among such officers
and employees in accordance with the terms of the emergency operations
plan. Such plan shall set forth the form of the organization, establish
and designate divisions and functions, assign tasks, duties and powers,
and designate officers and employees to carry out the provisions of
this article. Insofar as possible, the form of the organization, titles,
and terminology shall conform to the recommendations of the state
division of disaster emergency services and of the federal government.
(Code 1974, § 43/4-4)
Each employee or any individual that is assigned a function
or responsibility shall solemnly swear or affirm to support and defend
the Constitution of the United States, laws of the state, and the
ordinances of the city.
(Code 1974, § 43/4-5)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede and override all existing ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith.
(Code 1974, § 43/4-6)
This article shall not be construed so as to conflict with any
state or federal statute or with any military or naval order, rule
or regulation.
(Code 1974, § 43/4-7)
This article is an exercise by the city of its governmental
functions for the protection of the public peace, health, and safety
and neither the city, the agents and representatives of the city,
nor any individual, receiver, firm, partnership, corporation, association,
or trustee, nor 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 article
shall be liable for any damage sustained to persons as the result
of such activity. Any person owning or controlling real estate or
other premises who voluntarily and with compensation grants to the
city a license or privilege, or otherwise permits the city to inspect,
designate and use the whole or any part of such real estate or premises
for the purpose of sheltering persons during an actual, impending
or practice enemy attack shall, together with his successors in interest,
if any, not be civilly liable for the death of, or injury to, any
person 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.
(Code 1974, § 43/4-8)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this article without prior approval by the city council, nor shall
any person have any right to bind the city by contract, agreement
or otherwise without prior and specific approval of the city council.
(Code 1974, § 43/4-9)
Any unauthorized person who shall operate a siren or other device
so as to simulate a warning signal, or the termination of a warning,
shall be deemed guilty of a violation of this article and shall be
subject to the penalties imposed by this article.
(Code 1974, § 43/4-10)
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the civil preparedness organization in the enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the civil preparedness organization of the city, unless authority to do so has been granted to such person by the proper officials. Convictions for violations of the provisions of this article shall be punishable by fine as provided in section 1-12 of this Code for violations of provisions governing fire safety, public health and sanitation.
(Code 1974, § 43/4-11; Ordinance 1077, § X, 5-12-92)
