Chapter 22 CIVIL EMERGENCIES*
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*Cross references: Administration, ch. 2; fire prevention and protection, ch. 30; law enforcement, ch. 54.
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Sec. 22-1. Purpose.
Sec. 22-2. "Emergency" defined.
Sec. 22-3. Disaster Council established; membership.
Sec. 22-4. Powers and duties of Disaster Council.
Sec. 22-5. Office of Director and Assistant Director of Emergency Services established.
Sec. 22-6. Powers and duties of Director and Assistant Director of Emergency Services.
Sec. 22-7. Emergency organization.
Sec. 22-8. Emergency plan.
Sec. 22-9. Expenditures in connection with emergency activities.
Sec. 22-10. Violations.
Sec. 22-11. Severability.
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 this city in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.
(Code 1965, § 3600; Ord. No. 858)
Sec. 22-2. "Emergency" defined.
As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat.
(Code 1965, § 3601; Ord. No. 858)
Cross references: Definitions generally, § 1-10.
Sec. 22-3. Disaster Council established; membership.
The city Disaster Council is hereby created and shall consist of the following:
(Code 1965, § 3602; Ord. No. 858)
(1) The Mayor, or Mayor's designee, who shall be chairperson;
(Code 1965, § 3602; Ord. No. 858; Ord. No. 84-22)
(2) The Director of Emergency Services, who shall be vice- chairperson;
(Code 1965, § 3602; Ord. No. 858)
(3) The Assistant Director of Emergency Services;
(Code 1965, § 3602; Ord. No. 858)
(4) Such chiefs of Emergency Services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter;
(Code 1965, § 3602; Ord. No. 858)
(5) Such representatives of civic, 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.
(Code 1965, § 3602; Ord. No. 858)
Sec. 22-4. Powers and duties of Disaster Council.
It shall be 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, agreements, such ordinances and resolutions, and 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 absence from the city or inability to call such meeting, upon call of the vice-chairperson.
(Code 1965, § 3603; Ord. No. 858)
Sec. 22-5. Office of Director and Assistant Director of Emergency Services established.
(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(Code 1965, § 3604; Ord. No. 858)
(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director.
(Code 1965, § 3604; Ord. No. 858)
Sec. 22-6. Powers and duties of Director and Assistant Director of Emergency Services.
(a) The Director is hereby empowered to:
(Code 1965, § 3605; Ord. No. 858)
(1) Request the City Council to proclaim the existence or threatened existence of a "local emergency" 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;
(Code 1965, § 3605; Ord. No. 858)
(2) Request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency;
(Code 1965, § 3605; Ord. No. 858)
(3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;
(Code 1965, § 3605; Ord. No. 858)
(4) Direct cooperation between the coordination of services and staff of the emergency organization of this city and resolve questions of authority and responsibility that may arise between them;
(Code 1965, § 3605; Ord. No. 858)
(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;
(Code 1965, § 3605; Ord. No. 858)
(6) In the event of the proclamation of a "local 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 is hereby empowered:
(Code 1965, § 3605; Ord. No. 858)
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(Code 1965, § 3605; Ord. No. 858)
b. To obtain vital supplies, equipment, and such other properties 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;
(Code 1965, § 3605; Ord. No. 858)
c. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
(Code 1965, § 3605; Ord. No. 858)
d. To requisition necessary personnel or material of any city department or agency; and
(Code 1965, § 3605; Ord. No. 858)
e. To execute all of his ordinary powers as City Manager; all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council; and all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
(Code 1965, § 3605; Ord. No. 858)
(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 duties during an emergency. Such order of succession shall be approved by the City Council.
(Code 1965, § 3605; Ord. No. 858)
(c) The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service chiefs, develop emergency plans and manage the emergency programs of this city and shall have such other powers and duties as may be assigned by the Director.
(Code 1965, § 3605; Ord. No. 858)
Sec. 22-7. Emergency organization.
All officers and employees of this 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, including persons impressed into service under the provisions of section 22-6(a)(1) and (2) of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency shall constitute the emergency organization of the city.
(Code 1965, § 3606; Ord. No. 858)
The city Disaster Council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this 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, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.
(Code 1965, § 3607; Ord. No. 858)
Sec. 22-9. Expenditures in connection with emergency activities.
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.
(Code 1965, § 3608; Ord. No. 858)
It shall be a misdemeanor punishable pursuant to section 1-23 of this Code for any person, during an emergency, to:
(Code 1965, § 3609; Ord. No. 858; Ord. No. 94-5)
(1) 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 by virtue of this chapter;
(Code 1965, § 3609; Ord. No. 858; Ord. No. 94-5)
(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof;
(Code 1965, § 3609; Ord. No. 858)
(3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
(Code 1965, § 3609; Ord. No. 858)
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this chapter are declared to be severable.
(Code 1965, § 3610; Ord. No. 858)