(a) A comprehensive
emergency operations plan shall be developed and maintained in a current
state. The plan shall set forth the form of the organization, establish
and designate divisions and functions, assign responsibilities, tasks,
duties and powers, and designate officers and employees to carry out
the provisions of this article. As provided by state law, the plan
shall follow the standards and criteria established by the state division
of emergency management. Insofar as possible, the form of organization,
titles and terminology shall conform to the recommendations of the
state division of emergency management. When approved, it shall be
the duty of all departments and agencies to perform the functions
assigned by the plan and to maintain their portion of the plan in
a current state of readiness at all times.
(b) The
emergency operations plan shall be considered supplementary to this
section and have the effect of law during the time of a disaster.
[Code 1984, ch. 1, § 13(C)]
At all times when the orders, rules and regulations made and
promulgated pursuant to this section 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 1984, ch. 1, § 13(D)]
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 such 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 or property as
the result of such activity. 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 or parts
of such real estate or premises for the purpose of sheltering persons
during an actual, impending or practice enemy attack or natural or
manmade disaster 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 1984, ch. 1, § 13(E)]
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
unless during a declared disaster. During a declared disaster, the
mayor may expend and/or commit public funds of the city when deemed
prudent and necessary for the protection of health, life or property.
[Code 1984, ch. 1, § 13(F)]