Article II — Emergency Corps

The Emergency Corps shall be activated and shall function as a disaster relief body only:

• A. Upon the existence of a state of war emergency;

• B. Upon the declaration by the Governor of the state, or of persons authorized to act in his or her stead, of a state of emergency, affecting and including the City;

• C. Upon the declaration of a local emergency by the City Council of the City or by persons authorized in this chapter to act in its stead; or

• D. When affirmative response is made to the County to join in a local emergency declared by the County.

(Prior code § 33.20)

• A. A local emergency may be declared for good and sufficient reason by the Council or, if the Council is not in session, by:

  1. City Manager;

  2. Chief of Police;

  3. Fire Chief;

  4. Director of Community Safety; or

  5. Any member of the Council acting individually.

• B. Whenever a local emergency is proclaimed by other than the Council, the Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(Prior code § 33.21)

The Council shall review, at least every 14 days, until such local emergency is terminated, the need for continuing the local emergency at the earliest possible date the conditions warrant. (Prior code § 33.22)

The City Manager shall be the Emergency Corps Commander. In the absence or inability of the City Manager to act, the following officials shall automatically succeed the City Manager as Emergency Corps Commander in the order named:

• A. Director of Public Works;

• B. Chief of Police.

(Prior code § 33.23)

During a declared emergency affecting the City, the Emergency Corps Commander shall, to the extent he or she deems necessary, have complete authority over all agencies of the City government and the right to exercise within the area designated all police powers vested in the City by the Constitution and laws of the state in order to effectuate the purpose of this chapter. The Emergency Corps Commander may direct all agencies of the City government to utilize and employ City personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual or threatened damage due to the emergency. Any agencies so directed by the Emergency Corps Commander may expend any of the moneys which have been appropriated to it in performing such activities irrespective of the particular purpose for which the money was appropriated. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. The Council may reimburse any City agency for funds expended during emergency operations. However, reimbursements will not be made to any City agency for expenditures incurred if the funds of that department are subject to constitutional restrictions which would normally prohibit their use for such purposes. (Prior code § 33.24)

In addition to the powers granted in this chapter, the Emergency Corps Commander shall have such powers incidental to the performance of the duties as the Commander as may be necessary to allow him or her to carry out the emergency operations plan of the City, it being the intent that the enumerated powers in this chapter are not intended to be limitations upon his or her powers. (Prior code § 33.25)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Prior code § 33.99)