ARTICLE I.
IN GENERAL
Sec. 6-1 Municipal emergency services council.
(a) There is hereby created the Kingman Municipal Emergency Services Council, which shall consist of the seven (7) members of the common council. The mayor shall act as chairman.
(b) The powers and duties of the emergency services council shall include the recommendations for adoption by the common council of an emergency services plan, the drafting and recommendation for adoption by the common council of any and all mutual aid plans and agreements which are deemed essential for the implementation of the emergency services plan and the continued promotion of an orderly and effective program of emergency services.
(c) The emergency services council shall meet upon the call of the chairman.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-2 Director generally.
(a) There is hereby created the office of director of emergency services. The director shall be the city manager or his appointed designate.
(b) The duties and responsibility of the director shall include the following:
(1) The promotion, control and direction of the training of emergency services personnel and the public;
(2) The organization, administration and the execution of all emergency services plans adopted by the city, and the appointment of section leaders or aides;
(3) The maintenance of necessary liaison with other emergency services organizations;
(4) The marshalling, in the event of an emergency or disaster, of the necessary personnel, equipment or supplies available in the city;
(5) The issuing of all necessary proclamations of an emergency and the immediate operation effectiveness of the emergency services plan;
(6) The issuance of reasonable rules and regulations which are necessary to life and property in the city;
(7) The negotiation and drafting of mutual aid agreements and the execution of all those entered into by the city;
(8) The procurement and supervision of all necessary supplies and equipment, including the acceptance of private contributions;
(9) The recommendation of agreements for the use of private property for emergency services purposes;
(10) The working under the direction of and at the pleasure of the emergency services council.
(Ord. No. 548, § 1, 12-17-84)
State law references: Director generally, A.R.S. § 26-308.
Sec. 6-3 Declaration of emergencies.
The director of emergency services shall have the authority to request the declaration of the existence of an emergency by any two (2) members of the emergency services council subject to confirmation by the emergency services council. In any event, if the governor of the state declares an emergency in accordance with Arizona Revised Statutes, section 26-303, then any emergency plans of the city shall immediately become effective and the Kingman emergency services organization shall take immediate action.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-4 Organization.
The emergency services organization of the city shall consist of all the officers and employees of the city and all volunteers. The functions and duties shall be designated by resolution which shall also provide for the divisions and categories necessary for the operation of any and all emergency services work. Insofar as possible, such an organization shall conform to the regulations and recommendations of the emergency services agencies of the federal government and the state.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-5 Unauthorized warning or all-clear signals.
An unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a misdemeanor.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-6 Conflicting ordinances, orders, regulations suspended.
At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-7 No conflict with state or federal statutes.
This article shall not be construed as to conflict with any state or federal statute or with any military or naval order, rule or regulation.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-8 Municipal or private liability.
(a) This article is an exercise by the city of its governmental functions for the protection of the public peace, health and safety.
(b) The city shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of any employee, excepting wilful misconduct, gross negligence, or bad faith of any such employee, in carrying out the provisions of this article.
(c) The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability workmen’s compensation and other benefits which apply to the activity of officers, agents or employees of the city when performing their respective functions within the territorial limits of their respective political subdivisions shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this article, excepting wilful misconduct, gross negligence, or bad faith.
(d) Volunteers duly enrolled or registered with the state division of emergency services or any political subdivision, in a local emergency, a state emergency, or a war emergency, or unregistered persons placed into service during a state of war emergency, in carrying out, complying with, or attempting to comply with, any order or regulation issued pursuant to the provisions of this article, or performing any of their authorized functions or duties or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees performing similar work.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-9 Expenditures.
No person shall have the right to expend any public funds of the city in carrying out any emergency services activity authorized by this article without prior and specific approval of the common council; provided, however, that the common council may budget money for emergency services activities under this article, and such funds shall be spent at the direction of the director and with the approval of the common council.
(Ord. No. 548, § 1, 12-17-84)
Sec. 6-10 Violations.
It shall be unlawful for any person to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.
(Ord. No. 548, § 1, 12-17-84)