ARTICLE II. EMERGENCY PREPAREDNESS

38-36 Intent and purpose.

(a)    It is the intent and purpose of this article to establish an organization that will ensure the complete and efficient utilization of all city resources during periods of emergency and disaster.

(b)    The office of emergency services of the city will be the coordinating agency responsible for citywide emergency preparedness; it will provide the means through which the city council and the mayor may exercise the authority and discharge the responsibilities vested in them by this article and Act No. 390 of the Public Acts of Michigan of 1976 (MCL 30.401 et seq., MSA 4.824(11) et seq.), as amended.

(c)    This article will not relieve any elected officials or city departments of the normal responsibilities or authority given by general law or local ordinance, nor will it affect the work of the American Red Cross or other volunteer agencies organized for relief in a natural disaster.

(Code 1985, § 2-86)

38-37 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Coordinator means a person appointed to coordinate emergency planning and services within the city or as prescribed in this article. In the absence of an appointed person, “coordinator” shall mean the mayor.

Disaster means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, snow, ice or windstorm, wave action, oil spills, water contamination requiring emergency action to avert danger or damage, utility failure, hazardous peacetime radiological incident, major transportation accident, epidemic, air contamination, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action. Riots and other civil disorders are not within the meaning of this term unless they directly result from and are an aggravating element of the disaster.

District coordinator means the state police district emergency services coordinator or his authorized representative.

Emergency operations plan means the city emergency operations plan, which has been prepared under section 38-42(b) of this article to coordinate disaster response and recovery within the city.

Emergency services shall have a broad meaning to include preparations for, and relief from, the effects of natural and manmade disasters as defined in this article, and to include civil defense.

Emergency services forces means all disaster relief forces, all agencies of the city government, private and volunteer personnel, public officers and employees, and all other persons or groups of persons having duties or responsibilities under this article or pursuant to a lawful order or directive authorized by this article.

Emergency services volunteer means any person duly registered and appointed by the coordinator and assigned to participate in the emergency services activity.

Emergency situation means any situation confronting a community requiring emergency actions of a lesser nature than a disaster, as defined in this section, to include, but not limited to, civil disturbances, labor strikes, visits by national or international dignitaries, and buildup activities prior to an actual disaster.

State of disaster means a declaration by executive order or proclamation by the governor under the provisions of Act No. 390 of the Public Acts of Michigan of 1976 (MCL 30.401 et seq., MSA 4.824(11) et seq.), as amended, which activates the disaster response and recovery aspects of state, local and interjurisdictional disaster emergency plans and authorizes the deployment and use of any forces to which the plan or plans apply.

State of emergency means a declaration by the mayor pursuant to this article which activates the disaster response and recovery aspects of the city’s emergency operations plan and authorizes the deployment and use of any city forces to which the plan applies.

(Code 1985, § 2-87)

Cross reference—Definitions generally, § 1-2.

38-38 Organization for emergency services authorized; responsible official.

The mayor is hereby authorized and directed to create an organization to prepare for community disasters utilizing to the fullest extent existing agencies within the city. The mayor, as executive head of the city government, shall be the director of the emergency services forces of the city and shall be responsible for their organization, administration and operation, working through the coordinator.

(Code 1985, § 2-88)

38-39 Organizational composition.

The organization for providing emergency services shall consist of the following:

(1)    An office of emergency services established within the city government. The office of emergency services shall have an administrative head appointed who will be known as the coordinator, office of emergency services. Such assistants and other employees as are deemed necessary for the proper functioning of the organization will be employed.

(2)    The employees, equipment and facilities of all city departments, boards, institutions and commissions suitable for, or adaptable to, emergency services activities may be designated as part of the total emergency services forces. Such designations shall be made by the mayor.

(3)    All officers and employees of departments, commissions, boards, institutions and other agencies of the city government designated by the mayor as emergency services forces shall cooperate with the emergency services coordinator in the formulation of the emergency operations plan, and they shall assist the coordinator in all matters pursuant to the provisions of this article.

(Code 1985, § 2-89)

38-40 Emergency services coordinator; assistants.

(a)    The mayor shall appoint an emergency services coordinator who shall be a person with the personal attributes, experience and training needed to coordinate the activities of the agencies, departments and individuals within the city to protect the public health, safety and welfare during emergency situations and disasters.

(b)    Assistant coordinators shall be designated to work with the coordinator on emergency planning matters. Assistant coordinators shall be selected and shall serve as follows:

(1)    There shall be one such assistant coordinator appointed from each city department as designated by the department head, with the approval of the mayor, as part of the emergency services forces.

(2)    Assistant coordinators shall assume the duties of the coordinator whenever the coordinator is unavailable during disasters or emergency situations in the order of designation by the mayor, acting upon the recommendation of the coordinator.

(Code 1985, § 2-90)

38-41 Mayor, powers and duties.

(a)    The mayor may exercise the emergency power and authority as specified in this article. Whenever a situation requires, or is likely to require, that the mayor invoke such power and authority, he shall, as soon as reasonably expedient, convene the council to perform its legislative duties as the situation demands, and shall report to that body relative to emergency activities. Nothing in this article shall be construed as abridging or curtailing the powers of the council unless specifically provided in this article.

(b)    Under the following circumstances, the mayor may declare that a state of emergency exists in the city, and may assemble and utilize the emergency services forces in accordance with the city’s emergency operations plan, and he may prescribe the manner and conditions of the use of such emergency services forces, as follows:

(1)    Whenever, on the basis of information received from authoritative sources, he feels that a large-scale disaster or emergency situation in the city or state is imminent.

(2)    During any period of disaster in the city or state and thereafter as long as he shall deem it necessary.

(c)    Whenever the mayor deems that any condition in the city is beyond the control of public or private agencies or has attained or threatens to attain the proportions of a major disaster, he may request the governor to declare that a state of disaster exists therein by instructing the coordinator to contact the district coordinator in accordance with section 14, Act No. 390 of the Public Acts of Michigan of 1976 (MCL 30.401 et seq., MSA 4.824(11) et seq.), as amended.

(d)    The mayor is hereby empowered and has the authority:

(1)    To expend funds appropriated, make contracts, and obtain and distribute equipment, materials and supplies for disaster purposes.

(2)    To provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster.

(3)    To assign and make equipment available for duty the employees, property or equipment of the city relating to firefighting; engineering; rescue; health, medical and related services; police; transportation; construction; and similar items or service for disaster relief purposes within or without the physical limits of the city.

(4)    In the event of a foreign attack upon this state, to waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of permanent and temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution with or without compensation of supplies, materials and facilities, and the appropriation and expenditure of public funds.

(e)    The mayor, with the approval of the council, shall establish procedures for the succession of government during emergencies where officials are unavailable for exercising the powers and discharging the duties of their respective offices.

(f)    The mayor may make regulations permitting the coordinator to assemble and utilize the emergency services forces and provide disaster relief aid as prescribed in subsections (b), (c) and (d) of this section.

(g)    When obtaining formal approvals would result in delay of relief activity, the mayor may, until the council convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities and expenditure of existing funds, and the council is also empowered to waive any such procedures and formalities.

(Code 1985, § 2-91)

38-42 Emergency services coordinator, powers and duties.

(a)    The emergency services coordinator shall be responsible for the administration, planning, coordination and operation of all emergency preparedness activities in the city. He shall maintain liaison with state and federal authorities and the authorities of adjacent and nearby political subdivisions so as to ensure the most effective emergency operations.

(b)    The emergency services coordinator’s duties shall include, but not be limited to, the following:

(1)    Development of the city’s emergency operations plan, and any other appropriate disaster plans, for the immediate use of all of the facilities, equipment, manpower and other resources of the city for the purpose of minimizing or preventing damage to persons or property, and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and general welfare.

(2)    Coordinating the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the city for emergency purposes.

(3)    Through public information programs, educating the population as to actions necessary and required for the protection of persons and property in the case of a disaster.

(4)    Conducting practice alerts and exercises to ensure the efficient operation of the city’s emergency organization and to familiarize residents of the city with emergency regulations, procedures and operations.

(5)    Coordinating the activity of all other public and private agencies engaged in any emergency or disaster relief programs.

(6)    Negotiating with owners or persons in control of buildings or other property for the use of such buildings or property for emergency or disaster relief purposes, and designating suitable buildings as public shelters.

(7)    Establishing and maintaining administrative control over a local radiological defense program, to include emergency preparations for both peacetime radiation incidents and international wartime disasters.

(8)    Coordinating city emergency preparedness activities with those at the county level and adjacent municipalities.

(Code 1985, § 2-92)

38-43 Volunteers, appointments; records.

(a)    Each department, commission, board or other agency of city government may at any time appoint or authorize the appointment of volunteer citizens to augment the personnel of such city department, commission, board or agency in time of emergency. Such individuals shall be enrolled as emergency services volunteers and shall be subject to the rules and regulations set forth by the respective department, commission, board or agency head for such volunteers.

(b)    The coordinator may enlist volunteer citizens to form the personnel of an emergency service for which the city has no counterpart, or to temporarily augment personnel of the city engaged in emergency activities. The coordinator shall maintain formal records of all such volunteers for worker’s compensation purposes.

(Code 1985, § 2-93)

38-44 Rights of city employees.

City employees assigned to duty as a part of the emergency services forces pursuant to the provisions of this article shall retain all of the rights, privileges and immunities of city employees, and shall receive the compensation incident to their employment.

(Code 1985, § 2-94)

38-45 No governmental or private liability.

(a)    This article is an exercise by the city of its governmental functions for the protection of the public health, safety and general welfare. As such, neither the city nor the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, acting in good faith carrying out, complying with, or attempting to comply with this article shall be liable for any damage sustained to persons or property as a result of such activity.

(b)    Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the city the right to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons during a disaster or during an authorized practice disaster exercise shall not be civilly liable for the death of, or injury to, any person 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.

(Code 1985, § 2-95)

38-46 Conflicting ordinances, orders, rules and 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 other existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent therewith.

(Code 1985, § 2-96)

38-47 Violations.

It shall be unlawful for any person willfully to obstruct, hinder or delay any emergency services forces in the enforcement or accomplishment of any rule or regulation issued pursuant to this article or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or other means of identification as a member of the emergency services forces of the city unless authority to do so has been granted to such person by proper officials.

(Code 1985, § 2-97)