[HISTORY: Adopted by the Village Board of
the Village of Waterford 8-28-2017 by Ord. No. 654.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 17,
Emergency Management, adopted as Ch. 6 of the 1998 Code.
To prepare the Village to cope with emergencies resulting from
enemy action and natural or man-made disaster, it is declared to be
necessary to establish an organization of emergency management for
the Village by conferring upon the President of the Village and others
specified duties and powers, consistent with Wis. Stats. Chapter 323,
which is hereby adopted.
As used in this chapter, the following terms shall have the
meanings indicated:
A severe or prolonged, natural or human-caused, occurrence
that threatens or negatively impacts life, health, property, infrastructure,
the environment, the security of the Village, or critical systems,
including computer, telecommunications, or agricultural systems.
All measures undertaken by or undertaken by or on behalf
of the Village:
Has the meaning set forth in Wis. Stats. § 299.01.
A functional management system established to control, direct,
and manage the roles, responsibilities, and operations of all the
agencies involved in a multiagency or multijurisdictional emergency
response.
A.
How
constituted. The Village Board shall be the Emergency Management Committee,
whose President shall be the President of the Village Board.
B.
Duties.
The Emergency Management Committee shall be an advisory and planning
group and shall advise the Emergency Management Director on all emergency
matters. It shall annually prepare and adopt a budget for emergency
management.
C.
Succession.
In the event of an emergency, those members of the Village Board who
are available shall have authority to conduct the activities of the
Village with no requirement of a quorum. In the event the President
is unavailable, the Trustee holding the longest continuous seniority
as trustee at the time of the emergency and who is available shall
be the President of the Emergency Management Committee.
A.
Director.
There is created the office of Director of Emergency Management.
B.
Appointment.
The Director and any deputies shall be appointed by the Village Board
President and confirmed by the Village Board.
C.
Term.
The term of office of the Director shall be until a successor is appointed
and qualified.
D.
Powers
and duties. The Director, subject to the control and direction of
the Village Board, shall:
(1)
Develop and promulgate emergency plans for the Village consistent
with state and county plans.
(2)
Be in compliance with all federal and state training requirements
pertaining to this position.
(3)
Direct the emergency management program for the Village as required
by the Village Board.
(4)
Direct the Village emergency training programs and exercises.
(5)
Provide assistance to Village emergency departments during such emergencies
requiring a major response or additional resources to support their
efforts.
(6)
During a state of emergency declared by the Governor, the Emergency
Management Director, on behalf of the Village, may contract with any
person to provide equipment and services on a cost basis to be used
to respond to a disaster or the imminent threat of a disaster.
(7)
Be the National Incident Management System (NIMS) point of contact
for the Village and track all NIMS and ICS training to assure compliance
with federal and state guidelines.
(8)
Aid, assist, and guide all Village officials and departments in the
completion of forms relating to emergencies including, but not limited
to, ICS forms, emergency orders and declarations of disaster.
(9)
Advise the Racine County Emergency Management Coordinator on all
local programs and submit any required reports.
(10)
Deputy Emergency Management Directors shall function at the direction
of the Village Board and the Director of Emergency Management and
shall in the Director's absence act on the Director's behalf
in all emergency matters.
A.
Policy.
In preparing and executing the Emergency Management Program, the services,
equipment, supplies and facilities of the existing departments and
agencies of the Village shall be utilized to the maximum extent practicable;
and the heads and personnel of all such departments and agencies are
directed to cooperate and extend such services and facilities as are
required of them.
B.
Responsibility.
In order to assure that in an emergency all the facilities of the
existing Village government are expanded to the fullest to meet such
emergency, department and agency heads assigned to specific responsibilities
under the Village emergency operations plan will fulfill emergency
and nonemergency duties as prescribed in the plan.
A.
Declaration of emergency. The Village President and Board of Trustees
may declare an emergency existing within the Village whenever conditions
arise by reason of a riot or civil commotion, a disaster, or imminent
threat of a disaster that impairs transportation, food or fuel supplies,
medical care, fire, health or police protection, or other critical
systems of the Village. In the absence of the Village President, the
Trustee holding the longest continuous seniority as trustee at the
time of the emergency and who is available may declare an emergency
based on the above criteria. The period of the emergency shall be
limited by this chapter to the time during which the emergency conditions
exist or are likely to exist.
(1)
In the absence of the Village President or any Trustees and based
on the above criteria and an issue of expedience exists, any two of
the following Village officials may declare an emergency: the Village
Administrator, the Director of Public Works, the Fire Chief, an Assistant
Fire Chief, the Emergency Management Director and the Deputy Emergency
Management Director.
(2)
Ratification. With the exception of a declaration by the Village
Board, any other declarations shall be subject to ratification, alteration,
modification, or repeal by the Village Board as soon as they can meet.
Any subsequent action taken shall not affect the validity of the declaration.
B.
Powers during an emergency. The emergency power conferred upon the
Village Board by this chapter and Wis. Stats. §§ 323.11
and 323.14 includes the general authority to order whatever is necessary
and expedient for the health, safety, protection and welfare of persons
and property within the Village in the emergency and includes the
power to bar, restrict, or remove all unnecessary traffic, both vehicular
and pedestrian, from the roadway and limit or restrict the operation
of watercraft upon any waterway within the Village. The period of
the proclamation is limited to the time during which emergency conditions
exist or are likely to exist.
(1)
Proclamation. If, because of the emergency conditions, the Village
Board is unable to meet properly, the Village President or the Trustee
holding the longest continuous seniority as trustee at the time of
the emergency and who is available shall exercise by proclamation
all the powers hereby conferred on the Board.
(2)
In the absence of the Village President or any Trustees and based
on the above criteria and an issue of expedience exists, any two of
the following Village officials may declare an emergency: the Village
Administrator, the Director of Public Works, the Fire Chief, an Assistant
Fire Chief, the Emergency Management Director and the Deputy Emergency
Management Director.
(3)
Ratification. With the exception of a proclamation by the Village
Board any other emergency proclamations shall be subject to ratification,
alteration, modification, or repeal by the Village Board as soon as
they can meet, but subsequent action taken shall not affect the validity
of the proclamation.
A.
In responding to an official request for help during any declared
state of emergency, any person may operate a boat or any motor vehicle,
including a snowmobile or all-terrain vehicle that is not registered
in this state.
B.
Emergency management personnel, in accordance with Wis. Stats. § 340.01(3)(e),
are authorized to use any vehicle of the Village and/or their private
vehicles as an emergency vehicle in the event of a bona fide emergency.
A.
A member of the Village's Emergency Management Program is considered
an employee of the Village when providing his or her labor during
a disaster, an imminent threat of a disaster or a related training
exercise or equipment maintenance.
B.
A volunteer who registers in writing with the Village emergency management
to provide his or her own labor without compensation, other than reimbursement
for travel, lodging, or meals during a disaster, an imminent threat
of a disaster or a related training exercise is considered an employee
of the Village for worker's compensation under Wis. Stats. Ch. 102
for purposes of any claim relating to labor provided.
A.
Whenever during a state of emergency it becomes imprudent, inexpedient,
or impossible to conduct the affairs of the Village at the Village
Hall, the Village Board of Trustees may meet at any place within or
without the territorial limits of the Village of Waterford by call
of the Village President or his/her successor, and shall proceed to
establish and designate by ordinance, resolution, or other manner,
alternate or substitute places as temporary locations of the government
where all, or any part of, the public business may be transacted and
conducted during the emergency situation.
B.
Exercise of governmental authority. While the public business is
being conducted at a temporary location, the Village Board and other
officers of the Village government shall possess and exercise all
the executive, legislative, administrative and judicial powers and
functions conferred on the body and officers under state law. Those
powers and functions, except judicial, may be exercised in the light
of the exigencies of the emergency situation without regard to or
compliance with time-consuming procedures and formalities prescribed
by law. All acts of the Village Board and Village officers shall be
as valid and binding as if performed within the territorial limits
of the Village of Waterford.
The Village of Waterford adopts the National Incident Management
System (NIMS), and its component Incident Command System (ICS), as
the standard for all incident management in the Village and shall
endeavor to remain compliant with all standards and requests of the
state and federal officials.
A.
Prohibited discharge. No person may discharge or release a hazardous
substance in violation of state or federal law in the Village of Waterford.
B.
Emergency response. A declaration of emergency is not required for
the immediate emergency response to a hazardous substance discharge
or potential discharge under this section, provided that, if appropriate,
a declaration of emergency shall be made as soon as possible.
(1)
A person who possesses or controls a hazardous substance that is
released, or who causes the release of a hazardous substance, shall
take the actions necessary to protect public health and safety and
prevent damage to property.
(2)
The Village's emergency response to a discharge or potential
discharge of a hazardous substance shall be made pursuant to the provisions
of Wis. Stats. Ch. 323, Subchapter VII, and the applicable state,
county and Village emergency plans. The Fire Chief and/or the Emergency
Management Director may make orders in accordance with said provisions.
(3)
If no emergency procedure for the response to a reportable hazardous
substance discharge, or a potential discharge, is included in the
emergency plans, the Fire Chief and/or the Emergency Management Director
shall have the authority to develop an emergency procedure tailored
to the specific type of discharge and issue orders in accordance with
that procedure.
(4)
In the event of a hazardous substance discharge that is not required
to be reported under state or federal law, the Fire Chief shall have
the authority to develop a plan and issue orders for the remediation
of the discharge.
C.
Recovery of costs. A person who possessed or controlled a hazardous
substance involved in a release or potential release, and/or the person
who caused a hazardous substance release or potential release, shall
reimburse the Village for actual, reasonable and necessary expenses
incurred in responding to the release or potential release.
D.
Site access. Access to any site, public or private, where a hazardous
substance discharge is indicated or suspected shall be provided to
the Fire Department, the Emergency Management Director, law enforcement
and any other emergency personnel required for the purpose of evaluating
the threat to the public and monitoring containment, cleanup, and
restoration activities.
A.
Violations and penalties. Any person who violates any provision of this chapter or who refuses or intentionally fails to comply with the directives of emergency management authorities promulgated under this chapter during an emergency or during any training program or exercise shall be subject to a penalty as provided by Chapter 1, Article II, of this Code.
B.
Civil liability. Any person in violation of this chapter shall be
liable to the Village of Waterford for any expenses incurred by the
Village or for any loss or damage sustained by the Village by reason
of any violation of this chapter.
