Chapter 2.48
CIVIL DEFENSE ORGANIZATION1
Sections:
2.48.030 Succession to office of director, office of emergency management.
2.48.040 The director, office of emergency management and disasters.
2.48.050 Violations and penalties.
2.48.060 Office of emergency management.
2.48.070 Powers and duties of the office of emergency management.
2.48.100 No governmental or private liability.
2.48.140 Civil defense advisory board.
2.48.160 Conflicting orders, rules, ordinances and regulations suspended.
2.48.010 Intent and purpose.
A. It is the intent and purpose of this chapter to provide for the complete and efficient utilization of the borough’s personnel, facilities and equipment in the event of natural or manmade disasters and disasters resulting from enemy actions, and to provide for the coordination of disaster and civil defense functions of the borough with all other public agencies and affected private persons, corporations and organizations.
B. The Bristol Bay Borough Office of Emergency Management (OEM) will be the coordinating agency for all activity in connection with civil defense and other disaster operations; it will be the instrument through which the director of the Office of Emergency Management may exercise the authority and discharge the responsibilities vested in him by Chapter 20 (Civil Defense) and Chapter 23 (Alaska Disaster Act) or Title 26 of the Alaska Statutes, as amended, and this chapter.
C. This chapter will not relieve any borough department of the moral responsibilities or authority given to it by law, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies. (Ord. 84-9 §2(part), 1984).
2.48.020 Definitions.
The following definitions shall apply in the interpretation of this chapter:
A. "Disaster" includes but is not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, earthquake, epidemic or other impending or actual calamity endangering or threatening to endanger health, life, property or constituted government.
B. "Civil disorder" means a public disturbance involving:
1. An act or acts of violence by one or more persons part of an assemblage of four or more persons, which act or acts constitute a clear and present danger of or result in damage or injury to the property of any other person or to the person of any other individual; or,
2. A threat or threats of the commission of an act or acts of violence by one or more persons part of any assemblage of four or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
C. "Civil emergency" means:
1. A civil disorder;
2. A natural or manmade calamity.
D. "Civil defense" in its broad meaning is to carry out the basic governmental functions of maintaining the public peace, health and safety during a civil emergency. This should include plans and preparation for protection from, and relief, recovery and rehabilitation from, the effects of an attack on the borough by the force of an enemy nation or the agents thereof, and it shall also include such activities in connection with a civil emergency as defined herein. It shall not however include any activity that is the primary responsibility of the military forces of the United States.
E. "Attack" means a direct or indirect assault against the borough, its government, its environs, or the nation by forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or biological warfare, or sabotage.
F. "Civil defense forces" means the employees, equipment and facilities of all borough departments, boards, institutions and commissions; and, in addition it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
G. "Volunteer" means contributing a service, equipment or facilities to the civil defense organization without remuneration.
H. "Civil defense volunteer" means any person duly registered, identified and appointed by the coordinator of the office of emergency management and assigned to participate in the civil defense activity.
I. "Curfew" means a prohibition against any person walking, running, loitering, standing or operating a vehicle upon any public property, alley, sidewalk, thoroughfare, vehicle parking area or vacant premises within the city, except as required for persons officially designated to duty with reference to the civil emergency.
J. "Intoxicating liquor" means whiskey, brandy, rum, gin, wine, ale, porter, beer and all other spirituous, vinous, malt and other fermented or distilled liquors intended or used for human consumption and containing more than one percent alcohol by volume.
K. "Director" means the administrative assistant or his designated alternate duly appointed in accordance with law.
L. "Coordinator" means the coordinator of the office of emergency management, appointed as prescribed in this chapter.
M. "Regulation" includes plans, programs and other emergency procedures deemed essential to civil defense. (Ord. 84-9 §2(part), 1984).
2.48.030 Succession to office of director, office of emergency management.
Should the office of director, Bristol Bay Borough office of emergency management (OEM) become vacant or should the director be absent or unable to perform the duties of the office of emergency management, the order of interim succession shall be determined as follows:
A. The civil defense coordinator shall assume the office of director, office of emergency management.
B. Should the director and acting director be absent or unable to perform the duties of the office of emergency management, the borough fiscal officer shall assume the office of director, office of emergency management. (Ord. 84-9 §2 (part), 1984).
2.48.040 The director, office of emergency management and disasters.
A. The director, office of emergency management is responsible for meeting the dangers presented by disasters to the borough and its people.
B. The director, office of emergency management may issue orders, proclamations and regulations to carry out the purpose of this chapter, and amend or rescind them. These orders, proclamations and regulations have the force of law.
C. An order, proclamation or regulation issued under this chapter shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless prevented or impeded by circumstances attendant upon the disaster, a copy will be filed with the borough clerk.
D. A condition of disaster emergency shall be declared by proclamation of the director if he finds that a disaster has occurred or that such an occurrence is imminent or threatened. If the borough assembly is not in session when a proclamation is issued, concurrent with the issuance of the proclamation, a special session of the borough assembly shall be requested to ratify the actions taken under this chapter. The emergency proclaimed in accordance with the provision of this section shall terminate after seven days from the issuance of the proclamation, or upon issuance of a proclamation or resolution of the council declaring that an emergency no longer exists, whichever occurs first, except that such emergency may be extended for such additional periods of time as deemed necessary by resolution of the assembly. All proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened or affected, and the conditions which have brought it about or which make possible the termination of the disaster emergency. A copy of all proclamations issued under this subsection shall, if possible, be sent to the Alaska Division of Emergency Services.
E. A proclamation of a disaster emergency activates the disaster response and recovery aspects of the borough disaster emergency plans and constitutes authority for the deployment and use of any civil defense forces to which the plan or plans apply and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled or arranged to be made available under this chapter or any other provisions of law relating to disaster emergency response.
F. During the effective period of a disaster emergency, the mayor is the director of all civil defense and other unorganized forces available for emergency duty. The mayor may delegate or assign direction authority by appropriate orders or regulations.
G. In addition to any other powers conferred upon the mayor by law, he may, under this chapter:
1. Suspend the provisions of any regulatory ordinance prescribing procedures for the conduct of borough business, or the orders or regulations of any borough department, if compliance with the provisions of the statute, order or regulation would prevent, or substantially impede or delay, action necessary to cope with the disaster emergency;
2. Use all the resources of the borough government as reasonably necessary to cope with the disaster emergency;
3. Transfer personnel or alter the functions of borough departments and offices or units of them for the purpose of performing or facilitating the performance of disaster emergency management;
4. Subject to any applicable requirements for compensation under Section 2.48.090 of this chapter, commandeer or utilize any private property, except for the news media other than as specifically provided for in this chapter if he considers them necessary to cope with the disaster emergency;
5. Direct and compel the relocation of all or part of the population from any stricken or threatened area in the borough, if he considers relocation necessary for the preservation of life or for other disaster mitigation purposes;
6. Prescribe routes, modes of transportation and destination in connection with necessary relocation;
7. Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in it;
8. Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, ammunition, explosives and combustibles;
9. Make provisions for the availability and use of temporary emergency housing;
10. Impose a curfew upon all or any portion of the borough thereby requiring all persons in such designated and restricted curfew areas to remove themselves from public property, streets, alleys, sidewalks, thoroughfares, vehicle parking areas or other public places except that physicians, nurses and paramedical personnel performing essential medical services, utility personnel maintaining essential public services, firemen, members of the news media upon showing of authorized press cards, civil defense volunteers and borough, state, and federal authorized law enforcement officers and personnel may be exempted from such curfew. The curfew may be applicable to any such hours of the day or night as the director deems necessary in the interest of the public safety;
11. Allocate, ration, or redistribute food, water, fuel, clothing and other items he deems necessary.
H. The director may obtain vital supplies, equipment and other properties found lacking and needed for the protection of the health, life and property of the people, and bind the borough for the fair value thereof.
I. The director may order civil defense forces to the aid of other communities when required in accordance with the statutes of the state and he may request the state or political subdivision of the state to send aid to the Bristol Bay Borough in case of disaster when conditions in the borough are beyond the control of the city’s civil defense forces. (Ord. 84-9 §2(part), 1984).
2.48.050 Violations and penalties.
Any person convicted of a violation of this chapter is guilty of an infraction, and is punishable by a fine not to exceed three hundred dollars for any person during a proclaimed disaster emergency to wilfully:
A. Obstruct, hinder or delay any accredited member of the disaster and civil defense 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;
B. 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 the borough, or to prevent, hinder, or delay the defense or protection thereof;
C. To wear, carry or display, without authority any means of identification specified by the Bristol Bay Borough office of emergency management or the Alaska Division of Emergency Services. (Ord. 84-9 §2(part), 1984).
2.48.060 Office of emergency management.
A. There is created an office of emergency management possessing the powers and duties set out in Section 2.48.090 of this chapter.
B. The mayor shall appoint, with assembly approval, an emergency management coordinator for the office of emergency management who shall be a person well versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this chapter.
C. The office of emergency management will function as the disaster agency with the Bristol Bay Borough as defined in AS 26.23.060. (Ord. 84-9 §2(part), 1984).
2.48.070 Powers and duties of the office of emergency management.
A. The emergency management coordinator shall be responsible to the mayor in regard to all phases of the civil defense activity in the borough. Under the supervision of the mayor, he shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions as to insure the most effective operation of the emergency preparedness plan.
B. The office of emergency management shall prepare and maintain a borough emergency plan and keep it current. The plan may include provisions for:
1. Prevention and minimization of injury and damage caused by disasters;
2. Prompt and effective response to disasters;
3. Emergency relief;
4. Recommendations for zoning, building and other land use controls, safety measures for securing mobile homes and other nonpermanent or semi-permanent structures, and other preventive and preparedness measures designed to eliminate, reduce or mitigate disasters or their impact;
5. Assistance to local officials in designing local emergency action plans and standard operating procedures;
6. Authorizations and procedures for the construction of temporary works designed to protect against or mitigate danger, damage or loss from disaster;
7. Preparation and distribution to the appropriate local officials of catalogs or extracts listing federal, state, borough and private assistance programs;
8. Organization of manpower and command and control;
9. Coordination of federal, state and local disaster activities;
10. Coordination of the borough emergency plan with the disaster plans of the state government;
11. Other matters necessary to carry out the purpose of this chapter.
C. In preparing and maintaining the borough emergency plan, the office of emergency management shall seek the advice and the assistance of local government, business, industry, civic and volunteer organizations, community leaders, and the Bristol Bay Borough civil defense advisory board.
D. The borough emergency plan or any part of it may be incorporated in the regulations or orders of the office of emergency management. Regulations and orders of the office of emergency management have the force of law when properly promulgated by the mayor in accordance with Section 2.48.040.
E. The basic plan and all amendments shall be submitted to the mayor. If approved after coordination with all departments involved, the mayor will submit the plan and its amendments to the borough assembly for their approval.
The plan and any amendments will take effect thirty days from the date of approval unless action is taken by the assembly disapproving the mayor’s submission. In the event the plan or amendment is pending at the time that a disaster is proclaimed under the provisions of this chapter, the plan or amendment will be considered approved immediately and will remain effective unless specifically revoked by the assembly.
F. The office of emergency management shall:
1. Coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the borough for civil defense purposes;
2. Develop and coordinate plans for the immediate use of facilities, equipment, manpower and other resources of the borough for the purposes of minimizing or preventing damage to persons and property, and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare;
3. Negotiate and conclude agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for civil defense purposes and designating suitable buildings as public shelters;
4. Through public information programs, educate the public as to actions necessary and required for the protection of their persons and property in case of enemy attack, or disaster, as defined herein, either impending or present;
5. Conduct public practice alerts and training to insure the efficient operation of civil defense forces and to familiarize residents with civil defense procedures, regulations and operations;
6. Coordinate the activity of all other public and private agencies engaged in civil defense activities;
7. Determine requirements of the borough for food, clothing and other necessities in the event of a disaster emergency;
8. Procure and pre-position supplies, medicines, materials and equipment;
9. Adopt standards and requirements for local plans and standard operating procedures;
10. Determine requirements and standards for local disaster communications;
11. Make surveys of industries, resources and facilities in the borough, both -public and private as are necessary to carry out the purpose of this chapter;
12. Establish a register of persons with types of training and skills important in disaster prevention, preparedness, response and recovery skills;
13. Establish a resource manual of mobile and construction equipment, temporary housing and other resources available for use in a disaster emergency;
14. Prepare for issuance by the mayor, orders, proclamations and regulations as necessary or appropriate in coping with disasters;
15. Develop and carry out procedures and policies to effectively employ disaster relief funds made available by the mayor’s authority or by the governor’s authority through the Alaska Division of Emergency Services; these procedures shall include application and documentation, review, verification and funding approval; and
16. Do other things necessary or proper for the implementation of this chapter, including assuming such authority and conducting such activity as the mayor may direct to promote and execute the emergency plan. (Ord. 84-9 §2(part), 1984).
2.48.080 Financing.
A. It is the intent of the assembly and the administration and declared to be the policy of the borough, that funds to meet disaster emergencies will always be available.
B. Whenever, and to the extent that, money is needed to cope with disaster, the first recourse shall be to funds regularly appropriated to local agencies. If money available from these sources is insufficient, the mayor may, notwithstanding any limitations imposed by local ordinance, transfer or spend money appropriated for other purposes or, in situations involving natural or manmade disasters, borrow from the federal or state government or other public or private sources for a term not to exceed two years.
C. Nothing in this section limits the mayor’s authority to apply for, receive, administer and spend grants, gifts or payments from any source, to aid in disaster prevention, preparedness response or recovery. (Ord. 84-9 §2(part), 1984).
2.48.090 Compensation.
A. No personal services may be compensated by the borough or agency of it, except in accordance with Alaska law or local ordinance.
B. Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster emergency, and its use or destruction was ordered by the mayor or by a member of the disaster emergency forces of this borough who is authorized by the office of emergency management to issue such an order.
C. Any person claiming compensation for the use, damage, loss or destruction of property occasioned by action taken under this chapter shall file a claim for that compensation with the Bristol Bay Borough office of emergency management in the form and manner required by that office.
D. Unless the amount of compensation resulting from property damaged, lost or destroyed is agreed upon in writing between the claimant and the borough office of emergency management, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property under the condemnation laws of the state.
E. The borough shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of the borough or the representative of the deceased members of those forces in the event those members sustain injuries or are killed while rendering aid under this chapter, provided those members are not already covered by a comparable form of insurance or health benefits plan. (Ord. 84-9 §2(part), 1984).
2.48.100 No governmental or private liability.
A. This chapter is an exercise by the borough of its governmental functions for the protection of the public peace, health and safety, and neither the borough nor agents and representatives of said borough, or any individual, receiver, firm, partnership, corporation, association or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any other, rule or regulations promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of said activity.
B. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the borough the right to inspect, designate and use the whole or part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice civil emergency or enemy attack shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person. (Ord. 84-9 §2(part), 1984).
2.48.110 Disaster prevention.
In addition to the disaster prevention measures as included in the borough disaster plan, the mayor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of disasters. At his direction, and under any other authority and competence they have, borough departments including but not limited to those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention, air quality, public works, land use and land use planning and construction standards shall make studies of disaster-prevention-related matters. The mayor shall from time to time make recommendations to the borough assembly and other appropriate public and private entities as may facilitate measures for the prevention or reduction of the harmful consequences of disasters. (Ord. 84-9 §2 (part), 1984).
2.48.120 Limitations.
Nothing in this chapter:
A. Interferes with or allows interference with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
B. Interferes with or allows interference with dissemination or news or comment on public affairs; but any communications facility or organization (including, but not limited to radio, television, wire services and newspapers) may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency, in a manner which encroaches as little as possible upon the normal functions of the news media;
C. Effects the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or of any personnel of them when on active duty; but disaster emergency plans shall place reliance upon the civil defense forces available for performance of functions related to disaster emergencies; or
D. Limits, modifies or abridges the authority of the mayor to proclaim martial law, or exercise any other powers vested in him by law independent of, or in conjunction with, any provision of this chapter. (Ord. 84-9 §2(part), 1984).
2.48.130 Administration.
This chapter shall be administered by the office of emergency management, which is responsible to, and which may receive delegations of authority from the Bristol Bay Borough assembly. (Ord. 84-9 §2(part), 1984).
2.48.140 Civil defense advisory board.
A. The Bristol Bay Borough may establish and appoint members to a civil defense advisory board. This board will provide advice and assistance in the establishment of a viable civil preparedness program within the borough. Membership of the board will include the civil defense director (chairman), or his designated representative, the emergency management coordinator (vice-chairman), a member of the borough assembly, the police chief, fire chief, and members selected from the business community and the general public.
B. It is the duty of the civil defense advisory board, and it is empowered to develop and recommend for adoption by the borough assembly, emergency and mutual aid plans and agreements and such ordinances and rules and regulations as are necessary to implement such plans and agreements. The advisory board shall meet upon the call of the chairman or, in his absence from the borough or inability to call such a meeting upon call of the vice-chairman. (Ord. 84-9 §2(part), 1984).
2.48.150 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. (Ord. 84-9 §2(part), 1984).
2.48.160 Conflicting orders, rules, ordinances and regulations suspended.
At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (Ord. 84-9 §2(part), 1984).
For statutory provisions concerning civil defense, see AS 26.20.010 et seq.