Chapter 2.40
EMERGENCY ORGANIZATION AND FUNCTIONS
Sections:
2.40.010 Purposes.
2.40.020 Emergency defined.
2.40.030 Disaster council—Created—Membership.
2.40.040 Disaster council—Powers and duties.
2.40.050 Director of emergency services—Office created.
2.40.060 Assistant director of emergency services—Office created.
2.40.061 Coordinator of emergency services—Office created.
2.40.070 Director of emergency services—Powers and duties.
2.40.080 Assistant director of emergency services—Powers and duties.
2.40.090 Emergency organization—Generally.
2.40.100 Emergency organization—Structure, duties and functions.
2.40.110 Expenditures.
2.40.120 Violations—Penalty.
2.40.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and execution of plans for the protection of persons and property within this city in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. 46 § 1 (part), 1972: prior code § 2-1001)
2.40.020 Emergency defined.
As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 46 § 1 (part), 1972: prior code § 2-1002)
2.40.030 Disaster council—Created—Membership.
The city disaster council is created and shall consist of the following:
A. The city manager, who shall be chair;
B. The deputy city manager, who shall be vice-chair;
C. The fire chief;
D. The chief of police;
E. The director of public works;
F. The director of parks and recreation;
G. The director of planning and development services;
H. Such representatives of civic, business, labor veterans, professional or such other organizations having an official emergency responsibility, as may be appointed by the mayor with the advice and consent of the city council. (Ord. 346 § 1, 1988: Ord. 228 § 1, 1981)
2.40.040 Disaster council—Powers and duties.
It shall be the duty of the city disaster council (the “disaster council”), and it is empowered, to develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chair or, in his or her absence or inability to call such meeting, upon call of the vice-chair. (Ord. 46 § 1 (part), 1972: prior code § 2-1004)
2.40.050 Director of emergency services—Office created.
There is created the office of director of emergency services. The city manager shall be the director of emergency services. (Ord. 107 § 1 (part), 1975: Ord. 46 § 1 (part), 1972: prior code § 2-1005.010)
2.40.060 Assistant director of emergency services—Office created.
There is created the office of the assistant director of emergency services, who shall be the deputy city manager. (Ord. 346 § 2, 1988: Ord. 283 § 1, 1984: Ord. 228 § 2, 1981)
2.40.061 Coordinator of emergency services—Office created.
There is created the office of coordinator of emergency services, who shall be the fire chief. (Ord. 346 § 3, 1988)
2.40.070 Director of emergency services— Powers and duties.
The director is empowered to:
A. Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;
B. Request the Governor to proclaim a “state of emergency” when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;
C. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;
D. Direct cooperation between the coordination of services and staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise between them;
E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;
F. In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the Director of the State Office of Emergency Services, or the existence of a “state of war emergency,” the director is empowered to:
1. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council,
2. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use,
3. Require emergency services of any city officer or employee, and, in the event of the proclamation of a “state of emergency” in the county in which this city is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers,
4. Requisition necessary personnel or material of any city department or agency, and
5. Execute all of his ordinary power as mayor, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, and all powers conferred upon him by any statute, by any agreement approved by the city council, and by any other lawful authority. (Ord. 46 § 1 (part), 1972: prior code § 2-1006.010)
2.40.080 Assistant director of emergency services—Powers and duties.
The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city, and shall have such other powers and duties as may be assigned by the director. (Ord. 46 § 1 (part), 1972: prior code § 2-1006.020)
2.40.090 Emergency organization— Generally.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of subdivision 3 of subsection F of Section 2.40.070, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 46 § 1 (part), 1972: prior code § 2-1007)
2.40.100 Emergency organization— Structure, duties and functions.
The structure, duties and functions of the city emergency organization and the order of emergency succession to the position of director of emergency services shall be adopted by resolution of the city council. (Ord. 46 § 1 (part), 1972: prior code § 2-1008)
2.40.110 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 46 § 1 (part), 1972: prior code § 2-1009)
2.40.120 Violations—Penalty.
It is a misdemeanor, punishable as provided in Section 1.08.020 of this code, for any person, during an emergency, to:
A. Willfully obstruct, hinder or delay any member of the emergency 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 this city, or to prevent, hinder or delay the defense or protection thereof;
C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 46 § 1 (part), 1972: prior code § 2-1010)