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 § 7-201; Ord. 532 § 1, 1976)
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 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, 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 this city, requiring
the combined forces of other political subdivisions to combat.
(Prior code § 7-202; Ord. 532 § 1, 1976)
The city disaster council is created and shall consist of the
following:
A. The
mayor, who shall be chairman;
B. The
director of emergency services, who shall be vice chairman;
C. The
assistant director of emergency services;
D. Such
chiefs of emergency services as are provided for in a current emergency
plan of this city, adopted pursuant to the ordinance codified in this
chapter;
E. Such
representatives of civic, business, labor, veterans, professional,
or other organizations having an official emergency responsibility,
as may be appointed by the director with the advice and consent of
the city council.
(Prior code § 7-203; Ord. 532 § 1, 1976)
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 and such ordinances
and resolutions and rules and regulations as are necessary to implement
such plans and agreements. The 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 § 7-204; Ord. 532 § 1, 1976)
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.
(Prior code § 7-205; Ord. 532 § 1, 1976)
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, 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 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 Section
2.36.020;
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;
provided, however, such rules and regulations must be confirmed at
the earliest practicable 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 this city is located or the existence of a "state
of war emergency", to command the aid of as many citizens of this
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 immunities 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 power as city manager, all
of the special powers conferred upon him or her by this chapter or
by resolution or emergency plan pursuant hereto adopted by the city
council, all powers conferred upon him or her by any statute, by any
agreement approved by the city council, and by any other lawful authority.
B. The
director of emergency services shall 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.
C. The
assistant director shall, under the supervision of the director and
with the assistance of emergency service 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 § 7-206; Ord. 532 § 1, 1976)
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 Section
2.36.060(A)(6)(c), b
e 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 § 7-207; Ord. 532 § 1, 1976)
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 this 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 § 7-208; Ord. 532 § 1, 1976)
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 § 7-209; Ord. 532 § 1, 1976)
It shall be a misdemeanor, punishable by a fine of not to exceed
five hundred dollars, or by imprisonment for not to exceed six months,
or both, for any persons, 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 be likely
to give assistance to the enemy or to imperil the lives or property
of 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 § 7-210; Ord. 532 § 1, 1976)