The governing body of the city does hereby adopt the National Incident Management System as an operating protocol for management of natural disasters, man-made disasters or terrorism.
(Ordinance 573-08 adopted 5/19/2008; Ordinance adopting 2024 Code)
(a) 
There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law.
(b) 
An emergency management coordinator may be appointed by and serve at the pleasure of the director.
(c) 
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 this division. He or she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
(Ordinance 310-91, sec. (a), adopted 12/26/1991; 1993 Code, sec. 1.1901)
The powers and duties of the director shall include the following:
(1) 
Conduct 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 a part of his or her responsibility in hazard mitigation, the director shall supervise the development of an emergency management 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 implementation of such emergency management plan. The powers of the director shall include the authority to declare a state of disaster, but such action may be subject to confirmation by the city council at its next meeting.
(2) 
The direction and control of the actual disaster operations of the city emergency management organization, as well as the training of emergency management personnel.
(3) 
The determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.
(4) 
The maintenance of necessary liaison with other county, municipal, district, state, regional, federal, or other emergency management organizations.
(5) 
The marshaling, after declaration of a disaster as provided for above, 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 management plan.
(6) 
The issuance of all necessary proclamations as to the existence of a disaster and the immediate operational effectiveness of the overall emergency management plan.
(7) 
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.
(8) 
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 for the overall coordination of emergency management efforts.
(9) 
The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions that may be offered for the purpose of improving emergency management within the city.
(10) 
The authorizing of agreements for use of private property for public shelter and other purposes.
(Ordinance 310-91, secs. (b), (d), adopted 12/26/1991; 1993 Code, sec. 1.1902; Ordinance adopting 2017 Code)
The mayor is hereby authorized to join the county judge in formation of an emergency management council for the county and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the county.
(Ordinance 310-91, sec. (c), adopted 12/26/1991; 1993 Code, sec. 1.1903)
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 management plan, as well as 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 the provisions of this division. 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.
(Ordinance 310-91, sec. (e), adopted 12/26/1991; 1993 Code, sec. 1.1904)
(a) 
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this division, or to do any acts forbidden by any rule or regulation issued pursuant to the authority contained in this division. It shall likewise be unlawful for any person to wear, carry or display any emblem or insignia or any other means of identification as a member of the emergency management organization of the city or the county unless authority to do so has been granted to such person by the proper officials.
(b) 
It shall likewise be unlawful for any unauthorized person to operate a siren or other device so as to simulate a warning signal, or the termination of a warning.
(Ordinance 310-91, secs. (f), (k), adopted 12/26/1991; 1993 Code, sec. 1.1905(a), (b))
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, the laws of the state, the orders of the county, and the ordinances of the city.
(Ordinance 310-91, sec. (l), adopted 12/26/1991; 1993 Code, sec. 1.1905(c))
(a) 
At all times when the orders, rules, and regulations made and promulgated pursuant to this division shall be in effect, they shall supersede and override all existing orders, rules, and regulations insofar as the latter may be inconsistent therewith.
(b) 
This division shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule or regulation.
(Ordinance 310-91, secs. (g), (h), adopted 12/26/1991; 1993 Code, sec. 1.1906)
(a) 
This division 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, or any individual, a 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 division, shall be liable for any damage sustained to persons as the result of said 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 or parts of such estate or premises for the purposes of sheltering persons during an actual, impending or practice enemy attack shall, together with his or her 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.
(Ordinance 310-91, sec. (i), adopted 12/26/1991; 1993 Code, sec. 1.1907)
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this division 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.
(Ordinance 310-91, sec. (j), adopted 12/26/1991; 1993 Code, sec. 1.1908)