This chapter shall be known and may be cited and referred to as the disaster emergency management ordinance of the City.
(Ordinance adopted 5/21/89)
(A)
The intent and purpose of this chapter is to establish an Office of Emergency Management which will ensure the complete and efficient utilization of all of the City’s personnel, facilities, and equipment to combat a disaster as defined in this chapter.
(B)
This chapter will not relieve any City department or office of the legal responsibilities or authority delegated to it by statute, ordinance, or the City Charter.
(C)
Nothing in this chapter may be construed to interfere with the dissemination of news or comment on public affairs, but any communications facility or organization, including radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency.
(Ordinance adopted 5/21/89)
(A)
Emergency management
means the planning for and maintaining of the public peace, health and safety during an emergency. This shall include plans and preparations for protection from, and relief, recovery and rehabilitation from, the effects of disaster as defined in this section. However, it shall not include any activity that is the primary responsibility of the military forces of the United States or the state.
(B)
Attack
means an assault against the City, its government, its environs, or an assault against the United States, by the forces of a hostile nation or its agents including, but not limited to, assault by bombing, radiological, chemical or biological warfare or sabotage.
(C)
Contraband
means any article, substance, or property, the possession or transportation of which is prohibited, and which is subject to summary destruction upon seizure by officers of the law.
(D)
Curfew
means a regulation requiring the withdrawal of persons from streets, highways, alleys, sidewalks, vacant lots, parks, public buildings or any other public places in all or delineated parts of the City during the stated hours when the curfew is in effect.
(E)
Disaster
means 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, but not limited to, enemy attack or other hostile military or paramilitary action, tornado, fire, flood, chemical spill, aircraft crash, air contamination, City-wide electrical power outage, explosion, civil disorder, epidemic or other impending or actual calamity requiring emergency action.
(F)
Emergency management forces
means the employees, equipment, and facilities of all City departments, offices, boards, institutions and commissions; in addition, it shall include all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.
(G)
Riot
means a state of violent civil disorder which causes or threatens to cause loss of life or property in the City.
(H)
Volunteer
means any person contributing service, equipment or facilities to the emergency preparedness organization without compensation.
(I)
Person
means an individual, corporation, association, or other legal entity.
(J)
Emergency management volunteer
means any person duly registered, identified and appointed by the Coordinator of the Office of Emergency Management and assigned to participate in the emergency management activity.
(K)
Emergency Management Director
means the Mayor of the City as specified by Executive Order GWB 95-1a of the Governor of the state.
(L)
Emergency Management Coordinator
means the person designated as such by the Emergency Management Director, who shall serve as an assistant to the Emergency Management Director and the City Manager for emergency management purposes as provided by Executive Order GWB 95-1a of the Governor of the state.
(M)
Regulations
shall include plans, programs and other emergency procedures deemed essential to emergency preparedness.
(Ordinance adopted 5/21/89; Ordinance 5568, sec. 1, adopted 6/5/01)
(A)
If the Mayor determines that a local disaster exists, he shall declare that such an emergency exists and that emergency powers are being invoked. Emergency powers may not be continued or renewed for a period in excess of seven days except by or with the consent of the City Council. During any disaster, the City Council may convene to perform its duties as the situation demands and shall receive reports relative to emergency activities. In the event it should become necessary for the Mayor and City Council to vacate or leave the City limits, the City Council shall nonetheless have full power and authority to act in matters affecting property or people remaining in the City limits in the same manner as though the City Council were conducting its business within the City limits. As soon as the City Council finds that emergency powers need not be used to deal with a situation, it shall immediately proclaim that the emergency has terminated.
(B)
Any order or proclamation declaring, continuing, or terminating a disaster emergency shall be filed promptly with the City Secretary and given widespread circulation by proclamations published in newspapers, radio, or television.
(Ordinance adopted 5/21/89)
(A)
During any period that a disaster emergency proclamation, issued by either the Mayor or the governor, is in effect, the City Manager may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations and powers may include, but shall not be limited to, the power to:
(1)
Prohibit or restrict the movement of vehicles in order to facilitate the work of emergency forces, or to facilitate the mass movement of persons from critical areas within or without the City.
(2)
Require the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
(3)
Order a curfew into effect in all or any delineated part of the City and to exempt therefrom persons whose movement is essential to the health, safety, and welfare of the public.
(4)
Order the closing of any place where arms, ammunition, dynamite, or other explosives are sold, and forbid the sale, barter, loan, or gift of these items.
(5)
Order the closing of any business establishment having a liquor, beer or wine permit, gasoline stations, theaters, ballrooms and public rooms or buildings.
(6)
Prohibit the sale of beer, wine and intoxicating liquor, and the sale, distribution or gift of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
(7)
Declare certain items which may be potentially injurious to the public health or welfare to be contraband and authorize a search for these items.
(8)
Exclude sightseers from any area where a disaster is imminent or has occurred.
(9)
Order the detention of persons who impede or incite others to impede the preservation or restoration of order.
(10)
Temporarily suspend or modify for not more than 60 days any regulation or ordinance of the City, including, but not limited to, those regarding health, safety, zoning, if the suspension or modification is essential to provide temporary housing for disaster victims.
(11)
Promulgate any other regulations necessary to preserve public peace, health and safety during a disaster.
(B)
Regulations promulgated in accordance with the authority granted by this chapter will be given widespread circulation by proclamations published in newspapers, radio, or television. These regulations will have the effect of ordinances when duly filed with the City Secretary.
(C)
The Mayor, as Emergency Management Director, and the City Manager shall have the following duties and responsibilities:
(1)
To obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property, including but not limited to, sites required for installation of temporary housing units and the housing units themselves.
(2)
To require emergency services of any City officer or employee. If regular City forces are determined inadequate, then to require the services of such other personnel as can be obtained and are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law to other official emergency and disaster workers.
(3)
To cause to be prepared the City emergency operations plan.
(Ordinance adopted 5/21/89; Ordinance 5568, sec. 2, adopted 6/5/01)
The Emergency Management Coordinator shall coordinate the Office of Emergency Management. The duties of the Emergency Management Coordinator shall include, but are not limited to:
(1)
Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the City for emergency management purposes;
(2)
Development and coordination of emergency plans for the immediate use of all of the facilities, equipment, manpower and other resources of the City for the purpose of minimizing or preventing damage to persons and property in the event of a disaster, and for the purpose of protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety, and welfare in the event of a disaster;
(3)
Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of these buildings or property for emergency management purposes and designating suitable buildings as public shelters;
(4)
Through public information programs, educating the civilian population as to actions necessary and required for the protection of their persons and property in case of impending or present disaster;
(5)
Conducting rehearsals of emergency plans to ensure the efficient operation of the emergency management forces and to familiarize residents with emergency management regulations, procedures and operations;
(6)
Coordinating the activity of all other public and private agencies engaged in any disaster emergency activity within the City; and
(7)
Administering federal and state disaster assistance programs related to emergency management.
(Ordinance adopted 5/21/89; Ordinance 5568, sec. 3, adopted 6/5/01)
During any imminent or present disaster, if the City Attorney finds that additional attorneys are needed to represent the City in municipal courts so as to afford alleged offenders a speedy trial, the number of special assistant attorneys deemed necessary shall be appointed. All of these appointments shall be submitted to the City Council for confirmation at the earliest practicable date.
(Ordinance adopted 5/21/89)
During any imminent or present disaster, the City Council shall appoint special municipal court judges, as needed, to assure the speedy trial of alleged offenders. These appointments are to be acted upon and the length of the appointment determined by the City Council at the earliest practicable date.
(Ordinance adopted 5/21/89)
If the required knowledge or skill for a disaster function is not available within the City government, the City Manager is authorized to seek assistance from the persons outside of the City government. If a person outside of City government is assigned duties of a supervisory nature, he shall have the authority to perform such duties prior to, during, and after the occurrence of a disaster, until authorization is withdrawn. Services from persons outside of government may be accepted by the City on a volunteer basis. These citizens shall be enrolled as emergency management volunteers in cooperation with the chief administrative officers of department or offices affected.
(Ordinance adopted 5/21/89)
This chapter is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety. Neither the City nor its officers, agents, representatives, or employees, nor any emergency management volunteer, who is, in good faith, carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of actions taken, unless the actions taken or not taken consisted of willful misconduct, gross negligence, or bad faith.
(Ordinance adopted 5/21/89)
During the period an actual or impending disaster has been declared, a person shall not:
(1)
Enter or remain upon the premises of any mercantile establishment not open for business to the general public.
(2)
Possess or transport items designated as contraband by the City Manager.
(3)
Violate any of the orders duly issued by the City Manager, City Council, or Mayor.
(4)
Willfully obstruct, hinder or delay any member of the emergency management organization or any peace officer in the enforcement of the provision of this chapter, or any order or regulation issued under authority provided for in this chapter.
(Ordinance adopted 5/21/89)