[HISTORY: Adopted by the City Council of the City of Roseville 12-10-1991
as Ord. No. 1021 (Ch. 24 of the 1984 Code). Amendments noted
where applicable.]
CHARTER REFERENCES
Mayor as conservator of peace in times of emergency — See Ch. 5, Sec. 5.1.
This chapter shall be known as the "Emergency Management Ordinance."
For the purpose of this chapter, certain words herein are defined as
follows:
The Michigan Emergency Management Act, No. 390 of the Public Acts
of 1976, as amended [MSA § 4.824(11) et seq.; MCL § 30.401
et seq.].[1]
A person appointed by the City of Roseville to act as liaison between
the City of Roseville and the Macomb County Emergency Management Coordinator.
An occurrence or threat of widespread or severe damage, injury or
loss of life or property resulting from natural or human-made cause, including
but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm,
wave action, hazardous material spill, water contamination, utility failure,
hazardous peacetime radiological incident, major transportation accident,
oil spill, epidemic, air contamination, blight, drought, infestation, explosion
or hostile military action or paramilitary action, or similar occurrences
resulting from terrorist activities, riots or civil disorders.
All agencies of county and municipal government, private and volunteer
personnel, public officers and employees and all other persons or groups of
persons in the Macomb County Emergency Operation Plan as having duties to
perform or those called into duty or working at the direction of a party identified
in the plan to perform specific disaster or emergency-related task during
a local state of emergency.
The Michigan Department of State Police District Emergency Management
Coordinator. The District Coordinator serves as liaison between local emergency
management programs and the Michigan State Police Emergency Management Division
in all matters pertaining to the mitigation, preparedness response and recovery
and disaster situations.
The person appointed to coordinate all matters pertaining to emergency
management within the municipality. The Emergency Management Coordinator for
the City of Roseville is the Macomb County Emergency Management Coordinator.
A program established to coordinate mitigation, preparedness, response
and recovery activities for all emergency or disaster situations within the
City of Roseville. Such a program has an appointed Emergency Management Coordinator
and meets the program standards and requirements as established by the Department
of State Police Emergency Management Division. The City of Roseville has elected
to be part of the Macomb County Emergency Management Program.
The plan developed and maintained by the county and political subdivisions
included in the Emergency Management Program area for the purpose of responding
to all emergency or disaster situations by identifying and organizing the
disaster relief force.
An executive order or proclamation by the Governor that implements
the disaster and recovery aspects of the Emergency Management Plan and applicable
local plans of the county or municipal programs affected.
An executive order or proclamation by the Governor that implements
the emergency response and recovery aspects of the Michigan Emergency Management
Plan and applicable plans of the county or municipal programs effected.
A declaration by the Mayor or City Manager or other officials designated.
This declaration implements the response and recovery aspects of the Macomb
County Emergency Operations Plan and authorizes certain actions as described
in this chapter.
A.
By the authority of this chapter, the City of Roseville
hereby appoints the Macomb County Emergency Management Coordinator as the
Emergency Management Coordinator for the City of Roseville. In addition to
acting for and at the direction of the Chairperson of the Macomb County Board
of Commissioners, the Emergency Management Coordinator will also act for and
at the direction of the Mayor or City Manager of the City of Roseville.
B.
A line of succession for the Macomb County Emergency
Management Coordinator has been established and is listed in the Macomb County
Emergency Operation Plan.
The Emergency Management Coordinator shall comply with the standards
and requirements as established by the Department of State Police, Emergency
Management Division, under the authority of the Act, in accomplishing the
following:
A.
Directing and coordinating the development of the Macomb
County Emergency Operations Plan, which shall be consistent in content with
the Michigan Emergency Management Plan.
B.
Specifying departments or agencies which must provide
an annex to the plan or otherwise cooperate in its development.
C.
Identifying departments and agencies to be included in
the Emergency Operations Plan as part of the relief force.
D.
Developing and maintaining a county resource manual.
E.
Coordinating the recruitment, appointment and utilization
of volunteer personnel.
F.
Assuring that the Emergency Management Program meets
eligibility requirements for state and federal aid.
G.
Coordinating or conducting training and exercise programs
for the disaster relief force within the county and testing the adequacy of
the Emergency Management Plan.
H.
Through public information programs, educating the population
on actions necessary for the protection of life and property in an emergency
or disaster.
I.
Assisting in the development of mutual aid plans.
J.
Assisting the City of Roseville Deputy Emergency Management
Coordinator liaison with the development of municipal standard operating procedures
which are consistent with the County Emergency Operations Plan.
K.
Overseeing the implementation of all functions necessary
during an emergency or disaster in accordance with the Emergency Operations
Plan.
L.
Coordinating county emergency management activities with
those of municipalities included in the County Emergency Management Program,
other municipalities, the state and adjacent counties.
M.
Coordinating all preparedness activities, including maintaining
primary and alternate Emergency Operations Centers.
N.
Identifying mitigation opportunities within the county
and encouraging departments/agencies to implement mitigation measures.
A.
By the authority of this chapter, the Roseville City
Council shall appoint a liaison for the purpose of assisting the County Emergency
Management Coordinator in coordinating the emergency management activities
within the City of Roseville. The duties of the liaison (Deputy Coordinator)
are as follows:
(1)
To coordinate municipal emergency management activities
with those of the county and adjacent jurisdictions.
(2)
To assist the County Emergency Management Coordinator
with the development of the County Emergency Operations Plan and the incorporation
of municipal resources to the plan.
(3)
To identify municipal departments and agencies to be
included in the Emergency Operations Plan as part of the disaster relief force.
(4)
To identify municipal resources and forward information
to the County Emergency Management Coordinator for inclusion in the county
resource manual.
(5)
To coordinate the recruitment, appointment and utilization
of volunteer services.
(6)
To assist the County Emergency Management Coordinator
with administering training programs.
(7)
To coordinate municipal participation in exercises conducted
by the county.
(8)
To assist in the development of mutual aid agreements.
(9)
To assist in educating the population as to actions necessary
for the protection of life and property in an emergency or disaster.
(10)
To encourage departments/agencies within the city to
identify and implement procedures to mitigate the effects of potential disasters.
(11)
To assist in the assessment of the nature and scope of
the emergency or disaster and collect damage assessment information and forward
it to the county.
(12)
To assist in the coordination of the Vital Records Protection
Program.
(13)
To develop municipal standard operating procedures for
disaster response which are consistent with the County Emergency Operations
Plan.
(14)
To assist as liaison to the County Emergency Management
Coordinator at disasters, hazardous materials incidents, fires, floods, ice
storms, tornadoes and other disasters.
A.
On an annual basis, the Mayor and City Manager shall
review the eligibility and performance of the County Emergency Management
Coordinator and make recommendations to the Roseville City Council.
B.
The Mayor, City Manager or other designated person shall
review the effectiveness of the Macomb County Emergency Operations Plan as
the plan relates to the municipality once every two years. With the assistance
of the municipal liaison, he/she shall make recommendations to the County
Emergency Management Coordinator of any changes which may be needed. After
this review and incorporation of necessary changes, the Mayor or City Manager
shall certify the plan to be current and adequate for the City of Roseville
for the ensuing two years.
C.
When circumstances within the City of Roseville indicate
that the occurrence or threat of occurrence of widespread or severe damage,
injury or loss of life or property from natural or human-made cause exists,
the Mayor, City Manager or other designated official may declare a local state
of emergency. Such a declaration shall be promptly filed with the Macomb County
Emergency Management Office, which shall forward it to the Department of State
Police, Emergency Management Division. This declaration shall not be continued
or renewed for a period in excess of seven days, except with the consent of
the Roseville City Council.
D.
If the Mayor or City Manager or other designated person
invokes such power and authority, he/she shall, as soon as is reasonably expedient,
convene the Roseville City Council for one or more emergency meetings in accordance
with the Open Meetings Act to perform its normal legislative and administrative
duties as the situation demands and will report to the body relative to emergency
activities. Nothing in this chapter shall be considered as abridging or curtailing
the powers of the Roseville City Council unless specifically provided herein.
E.
The Mayor or City Manager or other designated official
may do one or more of the following under a local state of emergency:
(1)
Direct the Emergency Management Coordinator to implement
the Emergency Operations Plan.
(2)
Issue directives as to travel restrictions on local roads
within the municipality.
(3)
Relieve Roseville city employees of normal duties and
temporarily reassign them to other duties.
(4)
Activate mutual aid agreements.
(5)
Direct the municipal disaster relief effort in accordance
with the Macomb County Emergency Operations Plan and Municipal Operations
Plan.
(6)
Notify the public of the situation and recommend in-place
or evacuation protective measures.
(7)
When obtaining normal approvals would result in further
injury or damage, until the Roseville City Council convenes, waive procedures
and formalities otherwise required pertaining to the following:
(a)
For a period of up to seven days, send municipal employees
and resources to the aid of other communities as provided by mutual aid agreements.
(b)
For a period of up to seven days, appropriate and expend
funds from the Disaster Contingency Fund.
(c)
For a period of up to seven days, make contracts and
obtain and distribute equipment, materials and supplies for disaster purposes.
(d)
Employ temporary workers.
(e)
Purchase and distribute supplies, materials and equipment.
(f)
Make, amend or rescind ordinances or rules necessary
for emergency management purposes which supplement a rule, order or directive
issued by the Governor or a state agency. Such an ordinance or rule shall
be temporary and, upon the Governor's declaration that a state of disaster
or state of emergency is terminated, shall no longer be in effect.
(g)
If a state of disaster or emergency is declared by the
Governor, assign and make available for duty the employees, property or equipment
of the City of Roseville within or without the physical limits of the City
of Roseville as ordered by the Governor or the Director of the Michigan Department
of State Police in accordance with the Act.
If a disaster or emergency occurs that has not yet been declared to
be a state of disaster or a state of emergency by the Governor and the Mayor
or City Manager or other designated official determines that the situation
is beyond the control of the municipality, he/she may request the Governor
to declare that a state of disaster or state of emergency exists in the municipality
in accordance with the Act. This shall be done by immediately contacting the
Macomb County Emergency Management Coordinator. The Emergency Management Coordinator
shall immediately contact the District Coordinator. The District Coordinator,
in conjunction with the Emergency Management Coordinator and the Municipal
Deputy Coordinator, shall assess the nature and scope of the disaster or emergency,
and they shall recommend state personnel, services and equipment that will
be required for its prevention, mitigation or relief.
Each municipal department, commission, board or other agency of municipal
government is authorized to appoint volunteers to augment its personnel in
time of emergency to implement emergency functions assigned in the Macomb
County Emergency Operations Plan. Such individuals are part of the disaster
relief force and shall be subject to the rules and operational control set
forth by the respective department, commission, board or agency through which
the appointment was made and shall be reimbursed for all actual and necessary
travel and subsistence expenses.
A Disaster Contingency Fund is hereby created, with a budget of not
less than $100. Money may be expended from the fund when a local state of
emergency has been declared for the purpose of paying the disaster relief
force, purchase of supplies and services, repair costs or other needs required
specifically for the mitigation of the effects of or in response to the emergency
or disaster.
In accordance with the Act, personnel of the disaster relief force while
on duty shall have the following rights:
A.
If they are employees of the municipality or other governmental
agency, regardless of where serving, the powers, duties, rights, privileges
and immunities and the compensation incidental to their employment.
B.
If they are not employees of the municipality or other
governmental agency, the same rights and immunities as provided for by law.
The Roseville City Council shall provide for the temporary movement
and reestablishment of essential government offices in the event that existing
facilities cannot be used.
As provided for in the Act and this chapter, the municipality, or the
agents or representatives of a municipality, shall not be liable for personal
injury or property damage sustained by the disaster relief force engaged in
disaster relief activity. No person shall be liable in a civil action for
damages resulting from an act or omission arising out of and in the course
of the person's good faith rendering of that activity, unless the person's
act or omission was the result of that persons gross negligence or willful
conduct. The right of a person to receive benefits or compensation to which
he or she may otherwise be entitled to under the Workers' Compensation
Law, any pension law or act of Congress will not be affected as a result of
said activity. As provided for in the Act, any person owning or controlling
real estate or other premises who voluntarily and without compensation grants
the municipality the right to inspect, designate and use the whole or any
part of such real estate or premises for the purpose of sheltering persons
or for any other disaster-related function during a declared local state of
emergency or during an authorized practice disaster exercise shall 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.
It shall be unlawful for any person willfully to obstruct, hinder or delay any emergency services forces in the enforcement of accomplishment of any rule or regulation issued pursuant to this chapter or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or other means of identification as a member of the emergency services forces of the City of Roseville unless authority to do so has been granted to such person by proper officials. Convictions for violations of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I.[2]
