Chapter 36 — EMERGENCY MANAGEMENT

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, organizations, entities, and private persons; all for the express purpose of protection of life and property and preservation of peace and order in the event of an emergency.

(Prior Code, § 5300) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

As used in this chapter, EMERGENCY means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons or property within the city caused by such conditions as transportation or industrial accidents, civil disturbances, earthquakes, epidemics, fire, flood, nuclear incident, oil spill, pipeline incident, air or water pollution, riot, storms, or other conditions, including conditions resulting from war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city.

(Prior Code, § 5301) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

• (A) Disaster Council. The City Disaster Council is hereby created and shall consist of the following:

• (1) The City Manager, who shall be the Director of Emergency Services and Chairperson of the Disaster Council;

• (2) The Public Works Director, who shall be Assistant Director of Emergency Services;

• (3) The Deputy Director of Emergency Services, who shall be chosen by the Director;

• (4) The Chiefs of Emergency Services as are provided for in a current emergency plan of the city adopted pursuant to this chapter; and

(5) Such representatives of civil, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. (Prior Code, § 5302)

(B) Disaster Council powers, duties. It is the duty of the City Disaster Council, and it is hereby empowered, to

develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements, and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson or, in his or her absence from the city or inability to call such meeting, upon call of the Vice Chairperson.

(Prior Code, § 5303)

(Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

• (A) The Director is hereby empowered to:

• (1) Request the City Council to proclaim the existence or threatened existence of an emergency if the City

Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency

is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

• (2) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the locallyavailable resources are inadequate to cope with the emergency;

• (3) Control and direct the efforts of the Disaster Council for the accomplishment of the purposes of this chapter;

• (4) Direct cooperation between, and coordination of services and staff of, the emergency organization of the city, and resolve questions of authority and responsibility that may arise between them;

• (5) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies; and

(6) In the event of the proclamation of an emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Director may:

(a) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, including, but not limited to, curfews, business closings, traffic control, and control on possession of weapons and alcoholic beverages; provided, however, that such rules and regulations must be confirmed within seven days by the City Council;

(b) Obtain vital supplies, equipment, such other property found lacking and needed for the protection of life and property, and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

(c) Require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties, such persons to be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(d) Requisition necessary personnel or material of any city department or agency; and

(e) Execute all of his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted by the City Council, and all powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority.

(B) The Director of Emergency Services shall designate the order of succession to that office to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. (C) The Assistant Director shall assist the Director of Emergency Services in all respects, particularly in coordinating the activities of city staff members and volunteer members of the emergency organization.

(D) The Deputy Director shall, under supervision of the Director and Assistant Director, and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city; and shall have such other powers and duties as may be assigned by the Director and Assistant Director. (Prior Code, § 5304) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law be charged with duties incident to the protection of life and property in the city during an emergency, shall constitute the emergency organization of the city.

(Prior Code, § 5305) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

The Disaster Council shall develop an emergency plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers, and duties, and services and staff, of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. (Prior Code, § 5306) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

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 persons and property of the city. (Prior Code, § 5307) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)

It is a misdemeanor for any person, during an emergency, to:

(A) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter;

(B) Do any act forbidden by any lawful rule or regulation adopted pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to an enemy or to imperil the life or property of inhabitants of the city, or to prevent, hinder, or delay the defense or protection thereof; and

(C) To wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.

(Prior Code, § 5308) (Ord. 25, passed 10-4-1961; Ord. 80-14, passed 12-1-1980)