The declared purposes of this chapter are to provide for the
preparation and carrying out of plans for the protection of persons
and property within the city in the event of an emergency; the direction
of the emergency organization; and the coordination of the emergency
functions of the city with all other public agencies, corporations,
organizations and affected private persons.
(Prior code § 6-1)
As used in this chapter, "emergency" means the actual or threatened
existence of conditions of disaster or of extreme peril to the safety
of persons and property within the city, caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, earthquake or
other conditions, including conditions resulting from war or imminent
threat of war, but other than conditions resulting from a labor controversy,
which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of the city and requiring
the combined forces of other political subdivisions to combat.
(Prior code § 6-2)
The city disaster council is created and shall consist of the
following:
A.
The
mayor, who shall be chairperson, and the members of the city council;
(Prior code § 6-3)
It shall be the duty of the city disaster council and it is
empowered to develop and recommend for adoption by the city council
emergency and mutual-aid plans, and agreements as are necessary to
implement such plans and agreements. The disaster council shall meet
upon the call of the chairperson, or in his or her absence from the
city or inability to call such a meeting, upon call of the vice-chairperson.
(Prior code § 6-4)
A.
There
is created the office of director of emergency services. The city
manager shall be the director of emergency services.
B.
There
is created the office of assistant director of emergency services,
who shall be appointed by the director and confirmed by the city council.
(Prior code § 6-5)
A.
Director.
The director is empowered to:
1.
Request
the city council to proclaim the existence or threatened existence
of a local emergency if the city council is in session, or to issue
such proclamation if the city council is not in session. Whenever
a local emergency is proclaimed by the director, the city council
shall take action to ratify the proclamation within seven days thereafter
or the proclamation shall have no further force or effect;
2.
Request
the governor to proclaim a state of emergency when, in the opinion
of the director, the locally available resources are inadequate to
cope with the emergency;
3.
Control
and direct the effort of the emergency organization of the city for
the accomplishment of the purposes of this chapter;
4.
Direct
cooperation between and coordination of services of staff of the emergency
organization of the city and resolve questions of authority and responsibility
that may arise between them;
5.
Represent
the city in all dealing with public or private agencies on matters
pertaining to emergencies as defined herein;
6.
Designate
the order of succession to that office to take effect in the event
the director is unavailable to attend meetings and otherwise perform
his or her duties during an emergency. Such order of succession shall
be approved by the city council.
B.
Assistant
Director. The assistant director shall, under the supervision of the
director and with the assistance of the emergency services chiefs,
develop emergency plans and manage the emergency program of the city
and shall have such other powers and duties as may be assigned by
the director.
(Prior code § 6-6)
In the event of the proclamation of a local emergency as provided
in this chapter, the proclamation of a state of emergency by the governor
or the director of the state office for emergency services or in the
existence of a state of war emergency, the director is empowered:
A.
To make
and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided,
however, such rules and regulations must be confirmed at the earliest
practical time by the city council;
B.
To obtain
vital supplies, equipment and such other properties found lacking
and needed for the protection of life and property; and to bind the
city for the fair value thereof and, if required, immediately to commandeer
the same for public use;
C.
To require
emergency services of any city officer or employee and in the event
of the proclamation of a state of emergency in the county in which
the city is located or the existence of a state of war emergency,
to command the aid of as many citizens of the community as he or she
deems necessary in the execution of his or her duties. Such persons
shall be entitled to all privileges, benefits and amenities as are
provided by state law for registered disaster service workers;
D.
To requisition
necessary personnel or material of any city department or agency;
and
E.
To execute
all of his or her ordinary powers as city administrator, all of the
special powers conferred upon him or her by this chapter or by resolution
or emergency plan adopted pursuant to this chapter by the city council,
all powers conferred upon him by any statute, by any agreement approved
by the city council, and by any other lawful authority.
(Prior code § 6-7)
All officers and employees of the city, together with those
volunteer forces enrolled to aid them during an emergency, and all
groups, organizations and persons who may, by agreement or operation
of law, including persons impressed into service under the provisions
of Section 2.44.060(A)(3), be charged with duties incident to the
protection of life or property in this city during such emergency,
shall constitute the emergency organization of the city.
(Prior code § 6-8)
The city disaster council shall be responsible for the development
of the city emergency plan, which plan shall provide for the effective
mobilization of all of the resources of the city, both public and
private, to meet any condition constituting a local emergency, state
of emergency or state of war emergency; and shall provide for the
organization, power and duties, services and staff of the emergency
organization. Such plan shall take effect upon its adoption by resolution
of the city council.
(Prior code § 6-9)
Any expenditures made in connection with emergency activities,
including mutual-aid activities, shall be deemed conclusively to be
for the direct protection and benefit of the inhabitants and property
of the city.
(Prior code § 6-10)
It is a misdemeanor punishable pursuant to Section 1.08.020 for any person during an emergency to:
A.
Wilfully
obstruct, hinder or delay any member of the emergency organization
in the enforcement of any lawful rule or regulation issued pursuant
to this chapter, or in the performance of any duty imposed upon him
or her by virtue of this chapter;
B.
Do any
act forbidden by any lawful rule or regulation issued pursuant to
this chapter, if such act is of such a nature as to give or to be
likely to give assistance to the enemy or to imperil the lives or
property of the inhabitants of the city or to prevent, hinder or delay
the defense or protection thereof;
C.
Wear,
carry or display, without authority, any means of identification specified
by the emergency agency of the state.
(Prior code § 6-11; Ord. 640-89 § 8)
