Chapter Number 33, Emergency Management

CHAPTER 33: EMERGENCY MANAGEMENT


Section

33.01 Policy and purpose

33.02 Definitions

33.03 Establishment of an Emergency Management Agency

33.04 Department not to participate in certain activities

33.05 Powers and duties of Director

33.06 Control center

33.07 Coordination of goods and services

33.08 Local emergencies

33.09 Emergency regulations

33.10 Emergency powers of City

33.11 Termination of emergency regulations

33.12 Director�s responsibilities during emergencies

33.13 Cooperation with federal and state authority

33.14 Emergency management a governmental function

33.98 Violations

� 33.01 POLICY AND PURPOSE.

To insure that the City is prepared for such disasters as enemy attack, sabotage or other hostile action or from fire, flood, earthquake, drought, tornado, storm or other natural causes and to generally provide for the common defense and the protection of the public welfare, peace, health and safety, the City Council establishes the Department of Emergency Management for the following general purposes:

(A) To provide for the exercise of necessary powers during public emergencies;

(B) To provide for the rendering of mutual aid between the City and other political subdivisions of the state and of other states in carrying out emergency services;

(C) To coordinate the emergency services with comparable functions of the federal government, of other states and localities and private agencies of every type to the end that effective preparations may be made and the maximum use may be made of the work force of the City, state and nation.

(Ord. 04-00, passed 12-18-2000)

� 33.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEPARTMENT OF EMERGENCY MANAGEMENT. An organization created by this chapter.

DISASTER. A situation that creates an immediate and serious impairment to the health and safety of any person or a situation that has resulted or is likely to result in catastrophic loss to property and for which traditional sources of relief and assistance within the effected area are unable to repair or prevent the injury or loss.

EMERGENCY. An unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring.

EMERGENCY MANAGEMENT. The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions.

IMMINENCE. Clear and present danger to life and/or property rights as a result of an emergency or disaster.

ORGANIZATIONAL EQUIPMENT. Equipment and supplies essential for emergency management in excess of equipment and supplies provided for normal operation of the state or a political subdivision to the acquisition of which the federal government will contribute.

(Ord. 04-00, passed 12-18-2000)

� 33.03 ESTABLISHMENT OF AN EMERGENCY MANAGEMENT AGENCY.

There is created a Department of Emergency Management that shall be under the supervision and control of the Director of Emergency Management. The Mayor shall appoint the Director for an indefinite term and the Director may be removed by the Mayor at any time with or without cause. The Director may be compensated at a rate to be determined by the City Council and shall be reimbursed for expenses necessarily incurred in the performance of duty. The Director shall have responsibility for the organization, administration and operation of the Department of Emergency Management, subject to the direction and control of the Mayor. The Department of Emergency Management shall perform both civil defense functions and emergency management functions both within and without the City as may be required by the Minnesota Civil Defense Act of 1951, as amended; Pub. L. 920, 21st Congress, as amended; or by this chapter.

(Ord. 04-00, passed 12-18-2000)

� 33.04 DEPARTMENT NOT TO PARTICIPATE IN CERTAIN ACTIVITIES.

The Emergency Management Department shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in any legitimate labor dispute.

(Ord. 04-00, passed 12-18-2000)

� 33.05 POWERS AND DUTIES OF DIRECTOR.

(A) The Director with the consent of the Mayor and/or the City Administrator shall represent the City on any federal, state, regional or local organization for emergency management.

(B) The Director shall perform the following duties and exercise the following powers.

(1) The Director shall prepare an Emergency Management Plan for the delivery of emergency services for the City and shall present such plan to the City Council for its action. The plan may be modified in like manner from time to time. The plan shall be coordinated with such similar plans of the federal government and the State of Minnesota.

(2) The Director shall develop mutual aid agreements with other political subdivisions for reciprocal emergency services and shall present such agreements to the Council for its action. Such arrangements shall be consistent with the duties of the Emergency Management Department to render assistance in accordance with the provisions of such mutual aid arrangements.

(3) The Director may recommend the procurement of supplies and equipment for the preparation of training programs and public information programs and shall conduct practice, drills and other training exercises that may be necessary to fully train and equip emergency management personnel for their duties in time of need.

(4) The Director may survey the training and education of the work force of the City, the industries and resources and facilities of the City in order to ascertain their capability to function in time of emergency.

(5) The Director shall cooperate with federal, state and local officials in matters pertaining to the training, equipping and functioning of efforts and emergency of every kind.

(6) The Director may prepare a budget for the acquisition of organizational equipment which meets standards set by the State of Minnesota and, subject to the approval of the City Council, take the necessary administrative steps to procure such equipment and any state, federal or local financial assistance available in connection therewith.

(7) The Director shall formulate and to the extent required shall execute plans for the control of traffic in time of or for the delivery of emergency services.

(8) The Director shall report to the City Council annually and as otherwise required by the Council on the operation of the Emergency Management Department.

(Ord. 04-00, passed 12-18-2000)

� 33.06 CONTROL CENTER.

Consistent with the Emergency Management Plan the Director shall provide and equip in the City a control center and, if necessary, an auxiliary control center to be used during an emergency as headquarters for the direction and coordination of emergency services. The Director shall arrange for installation at the control center of communication systems with heads of emergency services, the station and operating units of municipal services and other agencies concerned with emergency services and for communications with other communities and control centers within the surrounding area and with the federal and state agencies concerned.

(Ord. 04-00, passed 12-18-2000)

� 33.07 COORDINATION OF GOODS AND SERVICES.

In carrying out the duties hereunder, the Director shall use the services, equipment, supplies and facilities of existing departments, offices, personnel and agencies of the City to the maximum extent practicable and all City employees are directed to cooperate with the Director in carrying out emergency management functions.

(Ord. 04-00, passed 12-18-2000)

� 33.08 LOCAL EMERGENCIES.

The Mayor upon making a finding that a clear and present danger to life and/or property exists as a result of an emergency or disaster or the imminent approach thereof may declare a local emergency. When necessitated by the declaration of a local emergency, the Mayor may, by proclamation, promulgate regulations which are consistent with applicable federal and state laws or regulations relating to protection against hostile attack, the sounding or publication of appropriate warnings, the conduct of persons and the use of private property during emergencies, the safeguarding of essential public services and all other matters necessary to protect the public health, safety and welfare during and in the aftermath of such local emergency.

(Ord. 04-00, passed 12-18-2000)

� 33.09 EMERGENCY REGULATIONS.

Every proclamation of emergency regulations shall be in writing and signed by the Mayor, shall be dated and shall describe the nature of the local emergency to which it pertains. Any ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists. A copy thereof shall be kept on file by the City Administrator and shall be available for public inspection at all reasonable times. A copy of the regulations shall be posted at the City Hall or such other headquarters location as may be designated. All changes in such regulations shall be promulgated in like manner.

(Ord. 04-00, passed 12-18-2000)

� 33.10 EMERGENCY POWERS OF CITY.

During an emergency the City is empowered through its Council to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies and the appropriation and expenditure of public funds.

(Ord. 04-00, passed 12-18-2000)

� 33.11 TERMINATION OF EMERGENCY REGULATIONS.

Emergency regulations promulgated by the Mayor may be terminated by the City Council at any time. If not sooner terminated, each such regulation shall expire at the end of 30 days after its effective date or at the end of the local emergency, whichever occurs first.

(Ord. 04-00, passed 12-18-2000)

� 33.12 DIRECTOR�S RESPONSIBILITIES DURING EMERGENCIES.

(A) The Director shall, in cooperation with existing City departments, organize, recruit and train City personnel and local volunteers to carry out emergency management plans of the City and the state. Volunteers shall be assigned to and shall be under the command of the Director. The Director may dismiss with or without cause any volunteer at any time and require said volunteer to surrender any equipment, identification or other semblance of authority furnished by the City.

(B) The Director shall carry out all orders, rules and regulations issued by the Governor or by the Mayor pertaining to emergency management.

(C) The Director shall provide and equip emergency headquarters, hospitals, conveyances and other facilities as are necessary to carry out the Emergency Management Plan.

(D) The Director shall direct and control the general operations of all emergency services in conformity with state and local plans, regulations and instructions; emergency management volunteers shall be called into service only in case of an emergency for which regularly employed municipal personnel are inadequate or for the necessary training and preparation for such emergencies. All volunteers shall serve without compensation.

(E) Each emergency management volunteer shall be provided with a means of identification as may be required by the Director, in keeping with the form and style of such identification required by the state or local government. No person other than an authorized volunteer shall use such identification or otherwise impersonate an authorized volunteer. No volunteer shall exercise authority over any person or property without identification and authorization.

(F) No emergency management volunteer shall carry any firearm while on duty except on written order of the Director.

(Ord. 04-00, passed 12-18-2000)

� 33.13 COOPERATION WITH FEDERAL AND STATE AUTHORITY.

Every officer and agency of the City shall cooperate with the federal and state authority and with authorized agencies engaged in emergency management to the fullest extent possible consistent with the performance of their duties. The provisions of this chapter and of all regulations made hereunder shall be subject to all applicable and controlling provisions of federal and state laws and regulations and orders issued hereunder and shall be deemed to be suspended and inoperative so far as they may be in conflict therewith.

(Ord. 04-00, passed 12-18-2000)

� 33.14 EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION.

All functions authorized and carried out hereunder and all other activities relating to emergency management are declared to be governmental functions. Except in cases of willful conduct, the City, its officers, agents and employees while engaged in authorized emergency management activities shall not be liable for an injury or death of any person or damage to property as a result of such activity. The provisions of this chapter shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter or under the worker�s compensation law, any pension law, any loan or benefit or compensation resulting from an Act of Congress, State of Minnesota or other governmental agency.

(Ord. 04-00, passed 12-18-2000)

� 33.98 VIOLATIONS.

Any person who violates any provision of this chapter or a regulation adopted hereunder relating to acts, omissions or conduct other than official acts of City officers, employees or volunteers is guilty of a misdemeanor.

(Ord. 04-00, passed 12-18-2000) Penalty, see � 10.99