[Ord. No. 2020-187, 12-21-2020]
(a) 
Declaration of disaster emergency. In compliance to the extent practicable with the Colorado Disaster Emergency Act, Section 24-33.5-701, et seq., C.R.S., as amended, the Mayor may declare that a disaster emergency exists when an emergency event has occurred, is occurring or is imminent. For the purposes of this Article, a disaster is the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or cause of human origin, including but not limited to, fire, flood, earthquake, wind, storm, epidemic, pandemic, hazardous substance incident, oil spill or water contamination requiring action to avert danger or damage, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, hostile military or paramilitary action or a condition of riot, insurrection or invasion existing in the Town and to protect the public peace, health, safety or welfare.
(b) 
Declaration in writing. Declaration of a disaster emergency by the Mayor shall be in writing and shall describe the nature of the emergency, the area threatened, the conditions that have brought it about and, if known, the conditions that would remedy it. The Town Manager shall be responsible for publication and dissemination of information to the public and shall file the declaration with the Town Clerk and forward a copy to the Colorado Division of Emergency Management. At the next meeting, to be held not more than seven days after the Mayor's declaration of emergency, Town Council shall ratify the declaration of emergency. If the declaration of emergency is not ratified, the declaration shall be rescinded, but there shall be no consequence for action taken in good faith prior to the rescission.
(c) 
Effect of declaration. The issuance of a declaration of a disaster emergency shall empower the Town Manager to exercise any and all of the emergency powers permitted by state and local law. The Town Council shall convene to perform its legislative powers as the situation demands and shall receive reports through the Town Manager and evaluate and enact policy and other incident support as required. In case of a disaster emergency requiring immediate action of the Town Council to protect public peace, health, safety or welfare, the Town Council may convene an emergency meeting without any advance public notice or with such limited advance public notice as the Mayor or the Town Manager finds feasible in the circumstances, with public notice to be achieved as soon as possible and all action taken during an emergency meeting to be ratified at the next regular or special meeting wherein public notice is provided. If the action is not ratified, it shall be deemed rescinded, but there shall be no consequence for action taken in good faith prior to the rescission. Nothing in this Article shall abridge or curtail the powers of the Town Council.
(d) 
Duration. A state of disaster emergency shall remain in effect until the Town Council or Town Manager declares in writing that the threat of danger has passed or that the disaster emergency conditions no longer exist. The Town Council may, by motion, terminate a state of disaster emergency at any time. Upon continuing or terminating a disaster emergency, the Town Manager shall immediately issue and publish a notice effecting the same. Any declaration continuing or terminating a state of emergency shall be filed with the Town Clerk and a copy shall be forwarded to the Colorado Division of Emergency Management.
(e) 
Resolution. Notwithstanding the foregoing, in lieu of a declaration of emergency by the Mayor, the Town Council may pass a resolution declaring an emergency and implementing the procedures set forth in this Article.
[Ord. No. 2020-187, 12-21-2020]
(a) 
Upon the issuance of the disaster emergency declaration and for as long as said declaration is in effect, the Town Manager shall have and may exercise any and all emergency powers granted by applicable state or local law subsequent to issuance of the disaster emergency declaration.
(b) 
During the course of a declared disaster emergency, a Town employee or authorized agent may enter onto or upon private property if the employee or authorized agent has reasonable grounds to believe that an emergency situation exists and that an entry on private property is required in order to protect life or minimize an imminent threat to property.
(c) 
During the course of a declared disaster emergency, the Town Manager may, on behalf of the Town, enter into reciprocal aid, mutual aid, joint powers agreements, intergovernmental assistance agreements or other contracts or plans with other governmental entities necessary for the protection of life and property. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services.
(d) 
During the course of a declared disaster emergency, the Town Manager may promulgate such regulations as the Manager deems necessary, to protect life and property and preserve critical resources. These regulations shall be confirmed at the earliest practical time by the Town Council, shall be circulated to the public and shall be disseminated to the news media. These regulations may include, but shall not be limited to, powers granted by applicable state law. Specifically, during the course of any declared disaster emergency, the Town Manager may:
(1) 
Suspend the provisions of the Code that prescribe procedures for conduct of Town business, if strict compliance would in any way prevent, hinder or delay necessary action in coping with the emergency;
(2) 
Transfer, reassign or otherwise change the direction, personnel or functions of Town departments for the purpose of performing or facilitating emergency services;
(3) 
Direct and compel evacuation of persons from any stricken or threatened area within the Town if the Town Manager deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery measures;
(4) 
Prescribe routes, modes of transportation and destinations in connection with evacuation;
(5) 
Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein;
(6) 
Make provisions for the availability and use of temporary emergency housing;
(7) 
Waive all provisions for competitive bidding and may direct the purchasing agent to purchase necessary supplies in the open market at not more than commercial prices;
(8) 
Prohibit or restrict the movement of vehicles in order to facilitate the work of disaster forces or to facilitate the mass movement of persons from critical areas within or without the Town;
(9) 
Declare a public curfew; or
(10) 
Cause to be carried out such other measures or regulations as are necessary to preserve public peace, health, and safety.
(e) 
During the course of a declared disaster emergency, the Town Manager is authorized to exercise all powers permitted by the Charter, Code and state law to require emergency services of any Town officer or employee and command the aid of as many citizens of the Town as the Town Manager deems necessary in the execution of the Town Manager's duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for civil defense workers.
[Ord. No. 2020-187, 12-21-2020]
Compensation for services or private property used by the Town in responding to an emergency shall be compensated as specified by contract or as required by state law, subject to the principles and procedures set forth in Section 24-33.5-711, C.R.S., and Articles 1 to 7 of Title 38 of the Colorado Revised Statutes.
[Ord. No. 2020-187, 12-21-2020; Ord. No. 2025-272, 7-7-2025]
(a) 
If the Mayor is unable to perform the duties set forth in this Article, then the duties conferred upon the Mayor shall be performed by the Mayor Pro Tem. If the Mayor Pro Tem is unable to perform the duties set forth in this Article, then the most senior available member of the Town Council shall perform the duties. For purposes of this Section, seniority shall be determined by the number of consecutive years a Councilmember has served on the Town Council. If two or more Councilmembers have served the same amount of consecutive years, then seniority shall be determined by the number of cumulative years that a Councilmember has served on the Town Council.
(b) 
If the Town Manager is not able to perform the duties set forth in this Article, then the duties conferred upon the Town Manager shall be performed by the Deputy Town Manager. If the Deputy Town Manager is not able to perform the duties set forth in this Article, then the duties conferred upon the Town Manager shall be performed by the Chief of Police. If the Chief of Police is unable to perform the duties set forth in this Article, then the duties conferred upon the Town Manager shall be performed by the Public Works Director. If the Public Works Director is not able to perform the duties set forth in this Article, then the Mayor shall designate a Town staff member to perform the duties.
(c) 
The Town Council may, by motion, modify the succession of authority provided herein.
[Ord. No. 2020-187, 12-21-2020]
It shall be unlawful for any person to violate any of the provisions of this Article or of the ordinances, orders, rules or regulations issued pursuant to the authority contained in this Article, or to willfully obstruct, hinder or delay any person in the exercise of any duty or authority pursuant to the provisions of this Article. Police, code enforcement and such other law enforcement and peace officers as may be authorized by the Town Manager in writing shall be authorized to enforce the ordinances, orders, rules and regulations made or issued pursuant to this Article.
[Ord. No. 2020-187, 12-21-2020]
Any person convicted of a violation of any provision of this Article or of any ordinance, order, rule or regulation issued pursuant to the authority contained herein shall be punished by a fine or by imprisonment or by both such fine and imprisonment pursuant to the provisions in Article IV of Article 1 of the Code.
[Ord. No. 2020-187, 12-21-2020]
The Colorado Disaster Emergency Act, Section 24-33.5-701, et seq., C.R.S., as amended, shall govern the implementation of the duties, powers, immunities and other provisions set forth in this Article to the extent applicable.