[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 1-16-2006 by Ord. No. 06-01.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any type of threat of hazard that poses a threat to the lives,
property or environment within the Village of Pleasant Prairie.
A person designated under this section, if the officer or
department head is unavailable, to exercise the powers and discharge
the duties of the position until a successor is appointed or elected
and qualified as provided by law or until the lawful incumbent is
able to resume the exercise of the powers and discharge the duties
of the position.
The Director coordinates emergency scenes, command posts,
or emergency operations centers to coordinate emergency response of
Village departments, mutual aid agencies, public and private agencies
and organizations; performs necessary administrative, planning, and
organizational duties; develops, revise and implement emergency operations
plans, and documents; attends training sessions and meetings.
The authority given to the Village of Pleasant Prairie to
take extraordinary actions in order to cope with a crisis.
During a state of emergency resulting from any cause, either
a vacancy in office exists and there is no deputy authorized to exercise
all of the powers and discharge the duties of the office, or the lawful
incumbent of the office and his or her duly authorized deputy are
absent or unable to exercise the powers and discharge the duties of
the position.
This chapter is enacted to provide authority
to the Pleasant Prairie Village Board, Village officers and Village
employees for actions that must be taken in response to various types
of emergencies or disasters that threaten the Village. It is intended
to grant as broad a power as permitted by statutory and constitutional
authority. Included are all activities and measures designed or undertaken
to minimize the effects upon the people of Pleasant Prairie that were
caused by natural or man-made disasters, or which would be caused
by enemy or other intentional action; to deal with the immediate emergency
conditions which would be created by such activities; and to effect
emergency repairs to, or the emergency restoration of, vital public
infrastructure, utilities and facilities destroyed or damaged by such
actions or disasters.
A.
Declaration of emergency.
(1)
Notwithstanding any other provision of law to the
contrary, the Village Board of the Village of Pleasant Prairie may
declare by resolution or ordinance an emergency existing within the
Village whenever conditions arise by reason of war, intentional act,
conflagration (fire), flood, heavy snowstorm, blizzard, catastrophe,
disaster, riot or civil commotion, or acts of God, and including conditions,
without limitation because of enumeration, which impair transportation,
food or fuel supplies, medical care, fire, health or police protection
or other vital services within Village.
(2)
If the Village Board is unable to meet with promptness,
the Village President is hereby authorized to declare a state of emergency
by proclamation. The proclamation shall be subject to ratification,
alteration, modification or repeal by the Village Board as soon as
that body can meet, but the subsequent action taken by the Village
Board shall not affect the prior validity of the proclamation.
(3)
The period of the emergency shall be limited by the
ordinance or resolution to the time during which the emergency conditions
exist or are likely to exist.
B.
Authority to act. During a state of emergency, the
Village Board by ordinance or resolution or, in its absence, the Village
President by resolution shall have the authority to legislate for
whatever is necessary and expedient for the health, safety, welfare
and good order of the Village. This shall include, without limitation
by enumeration, the authority to bar, restrict or remove all unnecessary
traffic, both vehicular and pedestrian, from all local highways.
C.
Emergency powers. In addition to those powers conferred
upon the Village President in the previous sections, during a state
of emergency the Village President, in consultation with the Emergency
Management Director and other Village staff, shall exercise all executive
and general administrative emergency powers, including but not limited
to all of the following:
(1)
The authority to direct emergency response activities
performed by Village departments.
(2)
The authority to execute contracts for the emergency
construction or repair of public improvements, when the delay of advertising
and public bidding might cause serious loss or injury to the Village,
upon following the procedures regarding emergency procurements.
(3)
The authority to lease real property or structures,
or both, that are deemed necessary for the continued operation of
Village government.
(4)
The authority to purchase or lease goods and services
deemed necessary to the Village's emergency response or for the repair
of Village facilities, or both, upon following the procedures regarding
emergency procurements.
(5)
The authority to promulgate rules and orders to implement
and clarify the proclamation exercising emergency power.
(6)
The authority to delegate any or all of these duties
to the appropriate Village personnel.
(7)
The authority to coordinate emergency activities with
the Kenosha County Director of Emergency Management.
D.
Actions taken pursuant to the grant of authority contained
in this chapter shall be subject to ratification, alteration, modification
or repeal by the Village Board as soon as that body can meet, but
the subsequent action taken by the Village Board shall not affect
the prior validity of the action taken.
A.
Appointment. The Village Administrator shall appoint
both the Emergency Management Director and the Deputy Emergency Management
Director, annually, for the Village of Pleasant Prairie. The Deputy
Director shall have the authority and power to act in the absence
of the Director.
B.
Duties. The Emergency Management Director shall be
responsible for the performance and supervision of performance of
all duties in connection with coordinating and carrying out the Village's
role in furnishing services in the event of a declaration of a state
of emergency.
C.
The powers and duties of the Emergency Management
Director are pursuant to Ch. 323, and specifically § 323.15,
Wis. Stats. The Emergency Management Director shall be responsible
to the Village Administrator and Village Board. The Emergency Management
Director and the Deputy Emergency Management Director shall:
(1)
Assist the Village President in the exercise of emergency
powers.
(2)
Request the Village Board or Village President to
declare a state of emergency when appropriate.
(3)
Prepare, under the direction of the Village President
and in consultation with the appropriate Village staff, all necessary
emergency proclamations, rules and orders and implement the emergency
operations plan. The Emergency Management Director shall also ensure
that appropriate media outlets are notified of the emergency.
(4)
Marshal, after the declaration of a state of emergency,
all necessary personnel, equipment and supplies from any department
of the Village to aid in carrying out the emergency operations plan,
and, as needed, establish an Emergency Operation Center (EOC) and
assign the role of EOC Coordinator.
[Amended 2-28-2022 by Ord. No. 22-05]
(5)
Act in coordination with the state and other governmental
agencies as may be necessary to plan and implement a joint jurisdiction
emergency planning and disaster services plan and mutual aid arrangements.
(6)
Control and direct emergency training activities.
(7)
Maintain a liaison with other municipal, state, regional
and federal disaster services agencies.
(8)
Coordinate the drafting of proposed mutual aid agreements.
(9)
Assume other emergency responsibilities as assigned
by the Village President or Village Board.
(10)
Recommend for adoption by the Village Board an emergency
operations plan for the Village and recommend for adoption by the
Village Board mutual aid plans and agreements that are deemed essential
for the plan. The Emergency Management Director shall make continuing
studies of the need for amendments and improvements in such plans.
A.
The Emergency Management Team of the Village shall
consist of the Village President, the Village Administrator, the Emergency
Management Director, the Deputy Emergency Management Director, the
Chief of Fire & Rescue and/or designee, the Police Chief and/or
designee, the Village Public Works Director and such other Village
officers or employees as may be designated by the Village President
or the Emergency Management Director.
[Amended 2-28-2022 by Ord. No. 22-05]
B.
The Emergency Management Team shall work together
in the development and maintenance of an emergency plan and disaster
services plan, emergency training activities, mutual aid agreements,
and continued study of the need for amendments and improvements in
said plans, activities and agreements. All plans of organization shall
substantially conform to recommendations of the federal government,
Kenosha County and the State Office of Emergency Management.
C.
During a state of emergency the Emergency Management
Team shall work under the direction and supervision of the Emergency
Management Director in his or her fulfillment of the responsibilities
enumerated in § 165-4.
A.
Notwithstanding any provision of this Code to the
contrary, upon declaration of a state of emergency the Village President,
the Emergency Management Director or either's designee may procure
by purchase or lease such goods and services as are deemed necessary
for the Village's emergency response effort. This emergency procurement
of goods or services may be made in the open market without filing
a requisition or estimate and without advertisement or compliance
with requirements for public bidding for immediate delivery or furnishing.
B.
A full written account of emergency procurements made
during this emergency, together with a requisition for the required
materials, supplies, equipment, or services, shall be submitted to
the Village Board within 30 days after their procurement, or as soon
thereafter as is practicable, and shall be open to public inspection
for such period as required by applicable Village ordinance and state
statutes.
A.
Designation of emergency temporary locations. Whenever
during a state of emergency it becomes imprudent, inexpedient or impossible
to conduct the affairs of local government at the regular or usual
place or places thereof, the Village Board may meet at any place within
or without the territorial limits of the Village of Pleasant Prairie
at the direction of the Village President or his or her successor
and shall proceed to establish and designate, by ordinance, resolution
or other manner, alternate or substitute sites or places as the emergency
temporary locations of government where all, or any part, of the public
business may be transacted and conducted during the emergency situation.
B.
Such alternate or substitute site or places may be
within or without the territorial limits of the Village of Pleasant
Prairie. If practicable, they shall be the sites or places designated
as the emergency temporary locations of government in the current
emergency management plan.
C.
Exercise of governmental authority. While the public
business is being conducted at an emergency temporary location, the
Village Board and officers of the Village of Pleasant Prairie shall
have, possess and exercise, at such location, all of the executive,
legislative, administrative and judicial powers and functions conferred
upon such body and officers under state law. Such 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 and pertaining thereto.
All acts of such body and officers shall be as valid and binding as
if performed within the territorial limits of the Village of Pleasant
Prairie.
D.
Priority of legislation. This section shall control
notwithstanding any statutory, charter or ordinance provision to the
contrary or in conflict herewith.
A.
Declaration of policy. Because of the possible unavailability
or incapacity of the Village President, Village Board, Village Administrator,
or department heads during an emergency, it is determined and declared
to be necessary to assure the continuity and effective operation of
the Village of Pleasant Prairie in the event of an emergency by providing
for additional persons who can temporarily exercise the powers and
discharge the duties of these positions.
B.
Emergency interim successors. Subject to such regulations
as the Village Board may adopt from time to time, local officials
and all department heads for the Village of Pleasant Prairie shall
designate by title, if feasible, or by named person emergency interim
successors and specify their order of succession.
C.
Each officer or department head shall review and revise,
as necessary, designations made pursuant to this section to ensure
their current status. The officer or department head shall designate
a sufficient number of persons so that there will be not fewer than
three or more than seven deputies or emergency interim successors
or any combination thereof at any time.
D.
If any officer or department head or his or her deputy
provided for pursuant to law is unavailable, the powers of the office
shall be exercised and duties shall be discharged by his or her designated
emergency interim successors in the order specified. The emergency
interim successor shall exercise the powers and discharge the duties
of the office to which designated until such time as a vacancy which
may exist is filled in accordance with the Constitution, statutes
or ordinances or until the officer or his or her deputy or a preceding
emergency interim successor again becomes available to exercise the
powers and discharge the duties of the position.
E.
Status and qualifications of designees. No person
shall be designated or serve as an emergency interim successor unless
he or she is eligible under the Constitution, statutes and ordinances
to hold the office to which powers and duties he or she is designated
to succeed, but no constitutional or statutory provision prohibiting
local or state officials from holding another office shall be applicable
to an emergency interim successor.
F.
Formalities of taking office. Emergency interim successors
shall take such oath as may be required for them to exercise the powers
and discharge the duties of the office to which they may succeed.
No person, as a prerequisite to the exercise of the powers or discharge
of the duties of an office to which he or she succeeds, shall be required
to comply with any other provision of law relative to taking office.
A.
Declaration of emergency. If the Village Board is
unable to meet with promptness, and the Village President, or the
Village President Pro-Tem or the Village Administrator is unavailable
to confer either in person or by telephone regarding the need for
a declaration of an emergency, the Village President, any two members
of the Emergency Management Team in coordination with the Emergency
Management Director or Deputy Director or, in the absence of the Emergency
Management Director or Deputy Director, any three members of the Emergency
Management Team may declare such an emergency.
B.
Executive decisions. In the absence of the Village
President or the Village President Pro-Tem or the Village Administrator
the executive decision authority of the Village when an emergency
exists shall succeed as follows: interim Village Board President;
the acting Village Administrator; Assistant Village Administrator;
Emergency Management Director; and Deputy Emergency Management Director.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Police Chief and his/her designees shall have
authority to suppress any tumult or disorder and to order all individuals,
groups or companies to leave the neighborhood of any disturbance or
emergency scene and to command from the inhabitants of the Village
all needful assistance. Officers shall also have authority to go upon
and enter any property or premises and to do whatever may reasonably
be necessary to protect the health, safety, welfare and good order
of the inhabitants of the Village of Pleasant Prairie. This shall
include, without limitation by enumeration, the authority to bar,
restrict or remove all unnecessary traffic, both vehicular and pedestrian,
from all local highways.
[Amended 6-3-2019 by Ord.
No. 19-09]
(1)
The
community service officer(s) and/or firefighter(s), as duly appointed
by the Chief of Police, shall be designated as traffic officers pursuant
to the meaning of §§ 340.01(70) and 346.04, Wis. Stats.,
for the sole purpose of directing vehicular and pedestrian traffic
on public and/or private property and in the right-of-way areas of
the Village and shall be authorized to direct and regulate vehicular
and pedestrian traffic.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Removal of vehicles. Two hours after the broadcast of an emergency declaration, the Police Department may cause to be removed any vehicle parked in any municipal parking lot, alley or street that impedes the necessary work resulting from the emergency situation. The owner of each vehicle removed from any municipal parking lot, alley or street shall be issued a citation. The forfeiture for such violation shall not be more than $50, plus the cost of towing and storage as set forth in § 332-7 of this Code. The Village and its employees shall not be responsible for any damage incurred to the removed vehicles during towing or storage.
The Chief of Fire & Rescue, Emergency Management
Director and their designees shall have authority to suppress any
tumult or disorder and to order all individuals or companies to leave
the neighborhood of any fire or first aid scene and to command from
the inhabitants of the Village all needful assistance for the suppression
of fires and in the preservation of property exposed to fire. The
officers above enumerated shall also have authority to go upon and
enter any property or premises and to do whatever may reasonably be
necessary in the performance of their duties while engaged in the
work of extinguishing any fire or performing any duties incidental
thereto. Such officers shall also have authority to go upon and enter
any property or premises and do whatever may reasonably be necessary
in the performance of their duties while engaged in the work of aiding
persons or minimizing the loss to property, or at a first aid scene.
Nothing within this chapter shall be construed
to limit in any way the general police powers and authority of the
Village of Pleasant Prairie, its officers and officials.
Proclamations, rules, and orders issued pursuant
to this chapter shall be effective upon issuance and shall remain
in effect until withdrawn by the Village Board, Village President
or other issuing authority. However, those proclamations, rules, and
orders shall be withdrawn by the Village Board, Village President,
or other issuing authority and those persons acting pursuant to this
chapter shall cease to exercise emergency powers at such time as the
conditions giving rise to the emergency cease.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person, adult or juvenile, violating a proclamation
of emergency, a subsequent proclamation exercising emergency powers,
a rule or order, which proclamation, rule or order is issued pursuant
to the provisions of this chapter, or any order or directive given
by a peace officer or designated emergency services personnel acting
pursuant to this chapter, shall be subject to a forfeiture of not
more than $200.
