Chapter 12.16
OFFICE OF EMERGENCY MANAGEMENT (OEM)
Sections:
12.16.050 National incident management system.
12.16.060 Responsibility of mayor concerning disasters.
12.16.090 Governmental or private liability.
12.16.100 Disaster prevention.
12.16.130 Northwest Arctic local emergency planning committee.
12.16.140 Suspension of conflicting orders, rules, ordinances and regulations.
12.16.150 Limitation of liability.
12.16.010 Established.
There is established an office of emergency management (OEM) within the borough public safety department. (Ord. 19-06 §§ 2, 6, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.010)
12.16.020 Supervision.
The OEM shall be supervised by the public safety director. Unless otherwise designated in writing by the mayor, the public safety director shall also serve as the borough’s emergency coordinator as required under AS 26.23.060(d) and 26.23.075(a)(3). (Ord. 19-06 §§ 2, 6, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.020)
12.16.030 OEM duties.
The OEM shall administer all borough activities relative to emergency management. These specifically include emergency preparedness and planning, mitigation, and response and recovery activities in cooperation with the Northwest Arctic local emergency planning committee (NALEPC) as provided in state and federal law. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.030)
12.16.040 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Attack” means a direct or indirect assault against the borough, its government, its environs or of the nation by forces of a hostile nation or the agents thereof, including assault by bombing, sabotage, or radiological, chemical, or biological warfare.
“Civil defense,” in its broad meaning, is to carry out the basic governmental functions of maintaining public peace, health and safety during a civil emergency. This shall include plans and preparation for protection, 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 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.
“Civil defense forces” means the employees, equipment and facilities of all borough and village 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.
“Civil defense volunteer” means any person duly registered, identified, and appointed by the coordinator of the disaster assistance agency and assigned to participate in the civil defense activity.
“Civil disorder” means a public disturbance involving:
A. 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
B. A threat or threats of the commission of an act or acts of violence by one or more persons part of an 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.
“Civil emergency” means:
A. A civil disorder.
B. A disaster or manmade calamity.
“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 borough, except as required for persons officially designated to duty with reference to the civil emergency.
“Director” means the mayor or his/her designee alternate duly appointed in accordance with law.
“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, and property of constituted government.
“Intoxicating liquor” means whiskey, brandy, rum, gin, wine, ale, port, 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.
“Regulation” includes plans, programs and other emergency procedures deemed essential to civil defense.
“Volunteer” means contributing a service, equipment or facilities to the defense organization without remuneration. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.040)
12.16.050 National incident management system.
The Northwest Arctic Borough hereby adopts the national incident management system (NIMS) as its system for preparing for and responding to disaster incidents. NIMS includes the use of the incident command system (ICS) for responding to and managing disasters. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.050)
12.16.060 Responsibility of mayor concerning disasters.
A. The mayor is responsible for meeting the dangers presented by disasters to the borough and its people.
B. The mayor 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 by extenuating circumstances, a copy will be filed with the borough clerk and any city clerks within the borough.
D. A condition of disaster emergency shall be declared by proclamation of the mayor if the mayor finds that a disaster has occurred or that such an occurrence is imminent or threatened. If the assembly is not in session when a proclamation is issued, concurrently with the issuance of the proclamation, a special session of the assembly will be requested to ratify the actions taken under this chapter. The emergency proclaimed in accordance with the provisions of this section shall terminate after seven days from the issuance of a proclamation, or upon issuance of a proclamation or resolution of the assembly declaring that an emergency no longer exists, whichever occurs first, except that such emergency may be extended for additional periods of time as deemed necessary by resolution of the assembly under AS 26.23.140. All proclamations issued under this provision 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 provision shall, if possible, be sent to the Alaska Division of Military and Veterans Affairs and the Department of Homeland Security and Emergency Management.
E. A proclamation of a disaster emergency activates the disaster response and recovery plans of the borough, local and inter-jurisdictional 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 provision 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, the mayor 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 and of each political subdivision of the borough 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 services;
4. Subject to any applicable requirements for compensation under NABC 12.16.080, commandeer or utilize any private property, except for all news media, other than as specifically provided for in this chapter, if the mayor 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 the mayor considers relocation necessary for the preservation of life or for other disaster mitigation purposes;
6. Prescribe routes, modes of transportation, and destinations 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. Make provisions for the availability and use of temporary emergency housing;
9. Allocate, ration, or redistribute food, water, fuel, clothing and other items the mayor deems necessary.
10. Obtain vital supplies, equipment and other property 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.
H. The mayor shall order civil defense forces to the aid of other communities when required in accordance with state statutes and may request the state or a political subdivision of the state to send aid to the Northwest Arctic Borough in case of disaster when conditions in the borough are beyond the control of local civil defense forces. (Ord. 19-06 §§ 2, 6, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.060)
12.16.070 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 limitation imposed by this code, transfer or spend money appropriated for other purposes or, in situations involving natural or manmade disasters, borrow from the state or federal government or other public or private sources for a term not to exceed one year.
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. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.070)
12.16.080 Compensation.
A. No personal services may be compensated by the borough or any political subdivision 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 disaster assistance agency 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 disaster assistance agency in the form and manner required by that office.
D. Unless the amount of compensation resulting from property damaged, lost or destroyed is agreed to in writing between the claimant and the disaster assistance agency, the amount of compensation shall be calculated in the same manner as compensation due for 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 representatives 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. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.080)
12.16.090 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 the borough, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of the 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 any 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. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.090)
12.16.100 Disaster prevention.
A. In addition to the disaster prevention measures, as included in the borough and local disaster plans, the mayor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of disasters. At the mayor’s direction, 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 and control, and land use planning, shall make studies of disaster prevention-related matters. The mayor, from time to time, shall make recommendations to the assembly and other appropriate public and private entities that may facilitate measures for the prevention or reduction of the harmful consequences of disasters.
B. Appropriate departments, in conjunction with the office of emergency management, shall keep land uses and location of other structures and facilities under continuing study, and identify areas that are particularly susceptible to severe land shifting, subsidence, flooding or other catastrophic occurrence. The studies under this section shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences of it.
C. If the office of emergency management believes, on the basis of the studies or other competent evidence and after consultation with the appropriate local planning agencies, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purpose of this section, it shall specify the essential changes to the mayor. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.100)
12.16.110 Limitations.
Nothing in this chapter shall:
A. Interfere with or allow 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 damage to public health or safety;
B. Interfere with or allow interference with dissemination of 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 on the normal functions of the news media;
C. Affect 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 local disaster emergency plans shall place reliance upon the civil defense forces available for performance of functions related to disaster emergencies; or
D. Limit, modify or abridge the authority of the mayor to proclaim martial law, or exercise any other powers vested in the mayor’s office by law independent of, or in conjunction with, any provision of this chapter. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.110)
12.16.120 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 mayor. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.120)
12.16.130 Northwest Arctic local emergency planning committee.
The Northwest Arctic local emergency planning committee (NALEPC) is established by the State of Alaska Emergency Response Commission under AS Chapter 26.23. The borough shall support the NALEPC as directed by the mayor and authorized by the assembly. Subject to assembly appropriation, NALEPC members shall receive compensation at the rate established by NABC 2.80.060 for each meeting day of the committee attended. Compensation shall be paid at the rate established by NABC 2.80.060 for attendance at a convention, conference or similar gathering. Compensation does not include per diem, which may be paid separately. (Ord. 19-06 § 2, 2019; Ord. 18-09 § 4, 2018; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.130)
12.16.140 Suspension of conflicting orders, rules, ordinances and regulations.
At all times when the orders, rules, and regulations made and promulgated pursuant to this chapter are in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.140)
12.16.150 Limitation of liability.
A. No action may be maintained against any employee or member of the Northwest Arctic Borough OEM or the Northwest Arctic local emergency planning committee engaged in emergency preparedness and planning, mitigation, or response and recovery activities if the claim is an action for tort or breach of contractual duty and is based upon the act or omission of that employee or member in the execution of a function for which the OEM is established.
B. The term “office of emergency management” or “OEM” in this section includes Northwest Arctic Borough employees as well as any member of the Northwest Arctic local emergency planning committee engaged in emergency preparedness and planning, mitigation, or response and recovery activities. (Ord. 19-06 § 2, 2019; Ord. 13-06 § 1, 2013; Ord. 10-16, 2011. Formerly 10.10.150)