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)
