Chapter 2.32
EMERGENCY SERVICES
Sections
2.32.030 Emergency services council
2.32.040 Emergency services director
2.32.050 Emergency services coordinator
2.32.055 Mayoral orders during declared disaster
For statutory provisions regarding emergency services or civil defense, see AS 26.20.
2.32.010 Purpose
The declared purpose of this chapter is to provide for the preparation and implementation of plans for emergency services for persons and property within the city of Kodiak and the Kodiak Island Borough in the event of a disaster and to provide an organization for the coordination of emergency services functions with all public agencies, affected private persons, corporations, and organizations. [Ord. 702, 1983]
2.32.020 Definitions
For the purposes of this chapter, the following definitions shall apply:
“Assembly” means that elected body of representatives known as the Kodiak Island Borough assembly.
“Borough” means the Kodiak Island Borough and its geographic area.
“Borough manager” means the person appointed by the Kodiak Island Borough assembly to the administrative position of borough manager.
“Borough mayor” means the person elected to the position of mayor of the Kodiak Island Borough or the person designated as acting mayor.
“City” means the city of Kodiak and its geographic area.
“City council” means that elected body of representatives known as the city of Kodiak city council.
“City manager” means the person appointed by the city council to the administrative position of city manager or the person designated as acting city manager.
“City mayor” means the person elected to the position of mayor of the city of Kodiak or the person designated as acting mayor.
“Council” means the emergency services council.
“Director” means the emergency services director who shall be the city of Kodiak city manager or the designated successor to the emergency services director as outlined in KCC 2.32.040; and who shall serve as the chairperson of the emergency services council and shall exercise the powers and responsibilities outlined in KCC 2.32.040.
“Disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar public calamity.
“Emergency operations plan” means the Kodiak emergency operations plan, which is the regional emergency preparedness and response plan adopted by the emergency services council to guide emergency preparedness, mitigation, response, and recovery in the city of Kodiak and the Kodiak Island Borough.
“Emergency services” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are responsible, to prevent, minimize, and repair injury and damage resulting from disasters.
“Emergency services coordinator” means the person who serves as chairperson of the emergency services organization and the local emergency planning committee, exercises the powers and responsibilities outlined in KCC 2.32.050, and who shall be the city of Kodiak fire chief.
“Emergency services council” means that group of people empowered to develop disaster emergency response policies and to exercise the authorities enumerated in KCC 2.32.030.
“Emergency services organization” means those officers and employees of the city and the borough, together with officers and employees of other local, state, and federal government agencies and volunteers from public and private organizations who participate in emergency planning and preparedness exercises, meetings, and activities in the Kodiak Island Borough and the city of Kodiak.
“Incident” means an occurrence or event, either human-caused or natural phenomena, that requires action by emergency services personnel to prevent or minimize loss of life or damage to property and/or natural resources.
“Incident command system (ICS)” means a system which provides incident management through the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure to effectively accomplish stated objectives pertaining to an incident.
“Incident management team” means the Kodiak incident management team, which is that group of local government officers and employees, emergency response personnel, state and federal agency representatives, and all other persons organized under an incident command system to achieve stated incident objectives utilizing the incident command system management functions to respond to incidents in the city and borough.
“Local emergency planning committee” means the group established in compliance with Title III of the Superfund Amendments and Reauthorization Act of 1986 (the Emergency Planning and Community Right-to-Know Act) that serves the functions outlined in the federal act, state statute, and in KCC 2.32.050. [Ord. 1121 §1, 2000; Ord. 872 §1, 1989; Ord. 752 §§1—3, 1985; Ord. 702, 1983]
2.32.030 Emergency services council
(a) Membership. The emergency services council is created and shall consist of the city of Kodiak mayor and manager, the Kodiak Island Borough mayor and manager, the commanding officer of the United States Coast Guard Integrated Support Command Kodiak, the commanding officer of the United States Coast Guard Air Station Kodiak, and the post supervisor of the Alaska State Troopers “C” detachment post in Kodiak, or their designees.
(b) Officers. The emergency services director shall serve as chair of the emergency services council. The council shall select a vice-chair from its membership.
(c) Powers. The emergency services council shall have the following powers:
(1) To proclaim the existence of a local disaster upon the recommendation of the emergency services director;
(2) To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services;
(3) To approve emergency service response plans including the Kodiak emergency operations plan, plan annexes, and any significant revisions thereto;
(4) To issue policy guidance to the incident commander and/or unified command during an emergency response incident where the Kodiak incident management team is activated.
(d) Duties. It shall be the duty of the emergency services council to review and recommend for the adoption by the city council and the borough assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements.
(e) Meetings. The emergency services council shall meet upon call of the chairman or, in the absence of the chairman, upon the call of the vice-chairman.
(f) Bylaws. The emergency services council shall adopt bylaws for the conduct of its meetings. [Ord. 1121 §2, 2000; Ord. 872 §2, 1989; Ord. 752 §4, 1985; Ord. 702, 1983]
2.32.040 Emergency services director
(a) There is created the office of the emergency services director. The emergency services director shall be the city of Kodiak city manager. The director is empowered:
(1) To request the emergency services council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the council can be readily convened, or to issue such proclamation if the council cannot be readily convened, subject to confirmation by the council at the earliest practicable time;
(2) To request the governor to proclaim a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster;
(3) To serve as the designated chairperson of the emergency services council with the full authority to convene the council at the director’s discretion;
(4) To facilitate coordination and cooperation between divisions, services, and staff of the Kodiak incident management team, and to resolve questions of authority and responsibility that may arise between them;
(5) To represent the emergency services council in all dealings with public or private agencies pertaining to emergency services and disaster;
(6) To prepare and maintain plans for disaster emergency services;
(7) To organize and maintain an operational disaster emergency services response capability, including the scheduling of drills and exercises in accordance with local emergency preparedness plans and policies;
(8) To serve as incident commander in the Kodiak incident management team, or the local on-scene coordinator in the unified command when the size, scale, or severity of an incident is such that other qualified incident commander personnel are not available or appropriate to fill the IC/LOSC position.
(b) In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the governor or the state director of emergency preparedness, the director is empowered:
(1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency services council;
(2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city and borough for the fair value thereof, and if required immediately, to commandeer such privately owned material as may be needed for public use;
(3) To require emergency service of any city or borough officer or employee and, in the event of the proclamation of a state of extreme emergency by the governor, to command the aid of as many citizens as the director thinks necessary in the execution of the director’s duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency services volunteers;
(4) To requisition necessary personnel or material of any city or borough or agency;
(5) To execute all ordinary powers as emergency services director; all of the special powers conferred by this chapter or by resolution adopted pursuant thereto; all powers conferred by any statute or agreement approved by the city council or borough assembly, or by any other lawful authority; to exercise all police power vested in the city and borough by the Constitution and general laws.
(c) In the event that the emergency services director is unavailable or unable to function in the capacity described above, all powers and authorities described herein are transferred to the emergency services coordinator. [Ord. 1121 §3, 2000; Ord. 702, 1983]
2.32.050 Emergency services coordinator
(a) There is created the office of the emergency services coordinator. The emergency services coordinator shall be the city of Kodiak fire chief and shall act as administrator of the emergency services organization and local emergency planning committee. The coordinator has the following responsibilities:
(1) To organize and lead quarterly emergency services organization/local emergency planning committee meetings, to call for additional meetings as needed or directed by the emergency services director, and to maintain all historical records associated with the ESO/LEPC;
(2) To ensure that all drills and exercises are performed as specified in the Kodiak emergency operations plan or as directed by the emergency services director;
(3) To coordinate and oversee periodic emergency preparedness training for Kodiak incident management team personnel, including ICS training.
(b) The coordinator is hereby empowered:
(1) To control and direct the efforts of the emergency services organization for the accomplishment of the purposes of emergency services and disaster preparedness;
(2) To represent the emergency services organization/local emergency planning committee in all dealings with public or private agencies pertaining to emergency services and disaster;
(3) To organize disaster emergency services response drills and exercises in cooperation with the emergency services director and in accordance with the requirements identified in the Kodiak emergency operations plan, and to maintain accurate records of all such drills and exercises;
(4) To fill the position of incident commander, with all requisite duties and responsibilities, in the Kodiak incident management team, or to serve as deputy incident commander when the director assumes the position of incident commander.
(c) The coordinator is the designated successor to the emergency services director and shall assume all authorities, powers, and responsibilities granted to the director in KCC 2.32.040 if the director is unavailable or unable to fulfill these responsibilities during a disaster emergency. [Ord. 1121 §4, 2000; Ord. 702, 1983]
2.32.055 Mayoral orders during declared disaster
(a) In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the governor or the state director of emergency preparedness, the mayor is empowered:
(1) To make and issue orders that modify or waive code provisions or standing rules and orders of the council or to establish procedures pertaining to scheduling, public participation, teleconferencing, and similar procedures related to public meetings of the city council as deemed necessary by the mayor for public health and safety; provided, that any order is in compliance with state law and the charter.
(2) To make and issue orders that modify or waive code provisions or standing rules and orders of the council, boards, commissions, or committees or to establish procedures pertaining to scheduling, public participation, teleconferencing, and similar procedures related to public meetings of boards, commissions, and committees as deemed necessary by the mayor for public health and safety; provided, that any order is in compliance with state law and the charter.
(b) Mayoral orders issued as authorized by this section shall be effective immediately but must be confirmed at the earliest practicable time by the city council and in any event no later than 30 days after the date the order is issued. An order not confirmed as required shall cease to be effective 30 days after the order is issued. [Ord. 1416 §1, 2021]
2.32.060 Expenditures
Cities are responsible for authorized emergency services expenses incurred within their jurisdiction, and the Kodiak Island Borough is responsible for authorized emergency services expenses incurred outside of city jurisdiction, unless otherwise provided for by each governing body. [Ord. 1121 §5, 2000; Ord. 702, 1983]
2.32.070 Violations
It is a violation of this code for any person during a disaster to:
(a) Willfully obstruct, hinder, or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed by virtue of this chapter;
(b) To do any act forbidden by any lawful rules or regulations 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 city or borough, 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 services agency of the state. [Ord. 1431 §4, 2023; Ord. 1121 §6, 2000]