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.
(1966 Code, sec. 10-7; 2001 Code, sec. 30-26)
(a)
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 city’s agents and representatives; nor any individual, receiver, firm, partnership, corporation, association or trustee or 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 this article, shall be liable for any damage sustained to persons as the result of such activity.
(b)
Any person owning or controlling real estate or other premises who voluntarily and without 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.
(1966 Code, sec. 10-8; 2001 Code, sec. 30-27)
The following positions are created for the purpose of establishing, coordinating, and operating a civil defense and disaster relief program:
(1)
Emergency management director.
In accordance with the executive order of the governor of the state, this position shall be held by the mayor or the presiding officer of the city council. The director shall be responsible for ensuring that a comprehensive emergency management program is established within the city.
(2)
Emergency coordinator.
This position shall be held by the city manager. The city manager shall be responsible for administering a comprehensive emergency management program within the city in accordance with the powers, duties, and responsibilities set out in section 30-29. The city manager may delegate the day-to-day responsibilities of this position to any other city officer or employee. The officer or employee so delegated shall hold the position of emergency management coordinator.
(1966 Code, sec. 10-1; 2001 Code, sec. 30-28)
The following duties and responsibilities are specifically delegated to the city emergency coordinator:
(1)
The direction and control of the actual disaster operations of the city emergency management organization as well as the training of emergency management personnel.
(2)
The marshaling, after a declaration of an emergency as provided for in section 30-31, of all necessary personnel, equipment or supplies from any city department to aid in carrying out the provisions of the emergency management plan.
(3)
The supervision of the development and maintenance of an emergency management plan for the city.
(4)
The performing of an ongoing survey of actual or potential major hazards which threaten life and property within the city, including recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.
(5)
The supervision of the drafting of mutual aid agreements, in cooperation with representatives of the state or of other local political subdivisions of the state, and the drafting, if deemed desirable, of an agreement with the county and with other municipalities within the county for the countywide coordination of emergency management efforts. All such agreements must be approved by the city council prior to execution.
(6)
The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the city during a state of emergency. Such rules and regulations shall be filed promptly in the office of the City Clerk and shall receive widespread publicity whenever possible.
(7)
The final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions, during a state of emergency.
(8)
The authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes during a state of emergency.
(9)
The determination of all questions of authority and responsibility that may arise within the emergency management organization during a state of emergency.
(10)
The maintenance of necessary liaison with other municipal, county, district, state, regional, federal or other emergency management organizations.
(1966 Code, sec. 10-2; 2001 Code, sec. 30-29)
The city’s operational emergency management organization shall consist of the city officers and employees so designated by the coordinator in the emergency management plan, as well as all organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management 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 this article. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the state division of emergency management and of the federal government.
(1966 Code, sec. 10-4; 2001 Code, sec. 30-30)
If a disaster occurs, the emergency management director and the city emergency coordinator shall be immediately notified. A state of emergency may be declared by the emergency management director upon the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, water contamination, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency. Upon declaration of a state of emergency, the director shall authorize the city emergency coordinator to put into effect the plan for handling such an emergency. A state of emergency may not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a state of emergency shall be given prompt and general publicity and shall be filed promptly in the office of the City Clerk.
(1966 Code, sec. 10-3; 2001 Code, sec. 30-31)
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 orders, rules, and regulations insofar as the latter may be inconsistent therewith.
(1966 Code, sec. 10-6; 2001 Code, sec. 30-32)
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.
(1966 Code, sec. 10-5; 2001 Code, sec. 30-33)
Except as specifically authorized or otherwise allowed by state law and the city Charter and city ordinances, no person shall have the right to expend any unappropriated or unbudgeted 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.
(1966 Code, sec. 10-9; 2001 Code, sec. 30-34)
(a)
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the implementation and operation of the emergency management plan.
(b)
It shall be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the city’s emergency management organization, unless authority to do so has been granted to such person by the proper officials.
(1966 Code, sec. 10-10; 2001 Code, sec. 30-35)