[HISTORY: Adopted by the Common Council of
the City of Burlington 2-19-2003 by Ord. No. 1712(26). Amendments
noted where applicable.]
This chapter is enacted to set out and clarify
the authority of the City of Burlington and its officers and employees
with regard to emergency and disaster situations. It is intended to
grant as broad a power as permitted by statutory and constitutional
authority.
A.
Declaration of emergency.
(1)
Notwithstanding any other provision of law to the
contrary, the Common Council for the City of Burlington may declare
by resolution or ordinance an emergency existing within the City of
Burlington whenever conditions arise by reason of war, conflagration
(fire), flood, heavy snowstorm, blizzard, catastrophe, disaster, riot
or civil commotion, and 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 facilities of the City.
(2)
If the Common Council is unable to meet with promptness,
the Mayor is hereby authorized to declare a state of emergency by
proclamation. The proclamation shall be subject to ratification, alteration,
modification or repeal by the Common Council as soon as that body
can meet, but the subsequent action taken by the Common Council 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
Common Council by ordinance or resolution or, in its absence, the
Mayor by proclamation shall have the authority to legislate for whatever
is necessary and expedient for the health, safety, welfare and good
order of the City. 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 of the Mayor. In addition to those
powers conferred upon the Mayor in the previous sections, during a
state of emergency the Mayor, in consultation with the Emergency Management
Coordinator and other City staff, shall exercise all executive and
general administrative emergency powers, including but not limited
to all of the following:
(1)
The power to direct emergency response activities
by City departments.
(2)
The power 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 City, upon following the procedures of § 31-5 regarding emergency procurements.
(3)
The power to purchase or lease goods and services deemed necessary to the City's emergency response or for the repair of City facilities, or both, upon following the procedures of § 31-5 regarding emergency procurements.
(4)
The power to lease real property or structures, or
both, that are deemed necessary for the continued operation of City
government.
(5)
The power to promulgate rules and orders to implement
and clarify the proclamation exercising emergency power.
(6)
The power to delegate any or all of these duties to
appropriate City personnel.
D.
Actions taken pursuant to the grant of authority contained
in this chapter shall be subject to ratification, alteration, modification
or repeal by the Common Council as soon as that body can meet, but
the subsequent action taken by the Common Council shall not affect
the prior validity of the action taken.
A.
Appointment. The City Administrator shall be the Emergency
Management Coordinator for the City of Burlington, and he or she shall
appoint at least one Deputy Coordinator who shall have the authority
and power to act in the absence of the Coordinator.
B.
Duties. The Emergency Management Coordinator shall
be responsible for the performance and supervision of performance
of all duties in connection with coordinating and carrying out the
City's role in furnishing services in the event of a declaration of
a state of emergency. The powers and duties of the Emergency Management
Coordinator are pursuant to Ch. 166, and specifically § 166.03(5),
Wis. Stats. The Emergency Management Coordinator shall be responsible
to the Mayor and Common Council. The Emergency Management Coordinator
and the Deputy Emergency Management Coordinator shall:
(1)
Assist the Mayor in the exercise of emergency powers.
(2)
Request the Common Council or Mayor to declare a state
of emergency when appropriate, either upon recommendation of a member
of the Emergency Management Team or upon his or her own information.
If the recommendation is not made in conference with the Emergency
Management Team, he shall also notify at least two other members of
the recommendation as soon as reasonably possible.
(3)
Prepare, under the direction of the Mayor and in consultation
with the appropriate City staff, all necessary emergency proclamations,
rules and orders and implement the emergency operations plan. He or
she 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 City to aid in carrying out the emergency operations plan.
(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 Mayor or Common Council.
(10)
Recommend for adoption by the Common Council an emergency
operations plan for the City and recommend for adoption by the Common
Council mutual aid plans and agreements which are deemed essential
for the plan. The Emergency Management Coordinator shall make continuing
studies of the need for amendments and improvements in such plans.
A.
The Emergency Management Team of the City shall consist
of the Mayor, the Emergency Management Coordinator, the Deputy Emergency
Management Coordinator, the Police Chief, the Fire Chief and such
other City officers or employees as may be designated by the Mayor
or the Emergency Management Coordinator. This 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. Plans of organization shall
substantially conform to recommendations of the federal government
and the State Office of Emergency Management.
B.
Any member of the Emergency Management Team may contact
the Emergency Management Coordinator to recommend that a state of
emergency be declared and, in the absence of the Coordinator or his
or her Deputy, may make such recommendation directly to the Common
Council or the Mayor.
Notwithstanding any provision of this Code to
the contrary, upon declaration of a state of emergency the Mayor,
the Emergency Management Coordinator or either's designee may procure
by purchase or lease such goods and services as are deemed necessary
for the City'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.
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 Council
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 City 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 Common Council may meet at any place
within or without the territorial limits of the City of Burlington
on the call of the Mayor 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. Such
alternate or substitute site or places may be within or without the
territorial limits of the City of Burlington. If practicable, they
shall be the sites or places designated as the emergency temporary
locations of government in the current emergency management plan.
B.
Exercise of governmental authority. While the public
business is being conducted at an emergency temporary location, the
Common Council and officers of the City of Burlington 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 City of Burlington.
C.
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 local officials or department heads during an emergency,
it is determined and declared to be necessary to assure the continuity
and effective operation of the City of Burlington 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 SUCCESSOR
UNAVAILABLE
As used in this section, the following terms shall
have the meanings indicated:
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.
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.
C.
Emergency interim successors. Subject to such regulations
as the Council may adopt from time to time, local officials and all
department heads for the City of Burlington shall designate by title,
if feasible, or by named person emergency interim successors and specify
their order of succession. The 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 nor more than seven deputies or emergency interim
successors or any combination thereof at any time. 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.
D.
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.
E.
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 Common Council is
unable to meet with promptness, and the Mayor is unavailable to confer
either in person or by telephone regarding the need for a declaration
of an emergency, the Council President, any two members of the Emergency
Management Team in coordination with the Emergency Management Coordinator
or Deputy Coordinator or, in the absence of the Emergency Management
Coordinator or Deputy Coordinator, any three members of the Emergency
Management Team may declare such an emergency.
B.
Executive decisions. In the absence of the Mayor,
the executive decision authority of the City when an emergency exists
shall succeed as follows: Common Council President; Emergency Government
Coordinator (City Administrator); and Deputy Emergency Government
Coordinator.
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 City 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 City of Burlington. 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.
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 penalty for such violation shall be as set forth in Chapter 1, § 1-4, of this Municipal Code, plus the cost of towing and storage. The storage fee at a municipal location shall be as set by the Common Council.[1] The City and its employees shall not be responsible for
any damage incurred to the removed vehicles during towing or storage.
[Amended 8-19-2008 by Ord. No. 1868(10)]
[1]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
The Fire Chief, Emergency Management Coordinator
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 City 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 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
City of Burlington, 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 Council, Mayor or other issuing authority.
However, those proclamations, rules, and orders shall be withdrawn
by the Council, Mayor, 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 8-19-2008 by Ord. No. 1868(10)]
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, upon conviction thereof, be subject to penalty as set forth in Chapter 1, § 1-4, of this Municipal Code. Each day of violation shall constitute a separate offense. In addition to the penalties herein provided, appropriate legal or equitable action may be commenced to enjoin any person from violating any of the provisions of this chapter.
