means the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property
within this city caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot or earthquake, or other conditions, including
conditions resulting from war or imminent threat of war which conditions
are or are likely to be beyond the control of the services, personnel,
equipment and facilities of this city, requiring the combined forces
of other political subdivisions to combat. It shall not include nor
does any provision of this chapter apply to any condition relating
to a labor controversy.
(Prior code § 7-1)
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 this city in the event of an emergency; the direction
of the emergency organization; and the coordination of the emergency
functions of this city with all other public agencies, corporations,
organizations and affected private persons.
(Prior code § 7-2)
The city local disaster council is created and shall consist
of the following:
A.
The
mayor, who shall be chair;
B.
The
vice mayor, who shall be vice chair;
C.
The
director of local disaster;
D.
The
assistant director of local disaster;
E.
All
chiefs of local disaster as are provided for in a current local disaster
operations plan of this city, adopted pursuant to this chapter;
F.
Such
representatives of municipalities, civic, professional and industry
organizations having an official responsibility as may be appointed
by the director with the advice and consent of the city council.
(Prior code § 7-3)
It shall be the duty to the city local disaster council, and
it is empowered to develop and recommend for adoption by the city
council, emergency and mutual aid plans and agreements and such ordinances
and resolutions and rules and regulations as are necessary to implement
such plans and agreements. The local disaster council shall meet upon
call of the chairman, or in his or her absence from the city or inability
to call such meeting, upon call of the vice chairman.
(Prior code § 7-4)
A.
There
is created, the office of director of local disaster. The city manager
shall be the director of local disaster.
B.
There
is created the office of assistant director of local disaster who
shall be appointed by the director with the consent of the city council.
(Prior code § 7-5)
A.
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, 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. The city council
shall review, at least every fourteen days until such local emergency
is terminated, the need for continuing the local emergency, and shall
proclaim the termination of such local emergency at the earliest possible
date that conditions warrant;
2.
Request
the governor to proclaim a state of emergency when, in the opinion
of the director, the locally available resources are considered to
be inadequate to cope with the emergency;
3.
Control
and direct the effort of the emergency organization of this city for
the accomplishment of the purposes of this chapter;
4.
Direct
cooperation between and coordination of services and staff of the
emergency organization of this city; and resolve questions of authority
and responsibility that may arise between them;
5.
Represent
this city in all dealings with public or private agencies on matters
pertaining to emergencies as defined in this chapter;
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 of emergency services or 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,
including orders or regulations imposing a curfew within designated
boundaries where necessary to preserve the public order and safety;
provided, however, such rules and regulations must be confirmed at
the earliest practicable time by the city council; such orders and
regulations and amendments and rescissions thereof shall be in writing
and shall be given widespread publicity and notice,
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 city
or the existence of the state of war emergency, to command the aid
of as many citizens of this city as he or she deems necessary in the
execution of his or her duties; such persons shall be entitled to
all privileges, benefits and immunities as are provided by state law
for registered emergency service workers,
d.
To requisition necessary personnel or material of any city department
or agency,
e.
To execute all of his or her ordinary power as city manager, all
of the special powers conferred upon him by this chapter or by resolution
or emergency plan pursuant to this chapter adopted 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.
B.
The
director of local disaster shall be succeeded by the assistant director
of local disaster in event that the director is unavailable or unable
to perform his or her duties during an emergency. In such order of
succession the assistant director shall assume all powers and duties
as conferred heretofore upon the director.
C.
The
assistant director of local disaster shall, under the supervision
of the director and with the assistance of local disaster chiefs,
develop emergency plans and manage the emergency programs of this
city; and shall have such other powers and duties as may be assigned
by the director.
(Prior code § 7-6)
All officers and employees of this 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 subsection (A) (6) (c) of Section 2.44.060, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city.
(Prior code § 7-7)
The city local disaster council shall be responsible for the
development of the city local disaster operations 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, powers and duties, services and
staff of the emergency organization. Such plan shall take effect upon
adoption by resolution of the city council.
(Prior code § 7-8)
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 § 7-9)
It shall be a misdemeanor, punishable by a fine of not to exceed
one thousand dollars, or by imprisonment for not to exceed six months,
or both, for any person, during a state of war emergency, state of
emergency or local 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 be likely
to give assistance to the enemy or to imperil the lives or property
of inhabitants of this 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 § 7-10; Amended
during 2009 republication)
