CHAPTER 35
EMERGENCY MANAGEMENT
Section
35.03 Director; powers and duties
35.04 Emergency management plan
35.05 Interjurisdictional program
35.06 Greater restrictions; override
35.01 PURPOSE AND INTENT.
(A) The city finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on-going concern of the city, if the lives and property of the populace are to be protected.
(B) The city hereby declares that the preparation of a comprehensive emergency management plan, and the means for its implementation, for the protection of lives and property in the city from natural or man-caused disasters or threat thereof is immediately essential.
(C) The city further finds that in time of disasters which may imperil the safety of the inhabitants of the city, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay.
(’87 Code, § 8-8-1) (Ord. 88-002)
35.02 ORGANIZATION.
(A) There is created the office of Emergency Management Director of the city, which shall be held by the Mayor in accordance with state law.
(B) An Emergency Program Manager may be appointed by and serve at the pleasure of the Director.
(C) The Director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this chapter. He may delegate authority for execution of these to the Program Manager, but ultimate responsibility for the execution shall remain with the Director.
(D) The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the Director in the emergency management plan, as well as organized volunteer groups. The function and duties of the organization shall be distributed among the officers and employees in accordance with the terms of the emergency management plan.
(’87 Code, § 8-8-2) (Ord. 88-002)
35.03 DIRECTOR; POWERS AND DUTIES.
The duties and responsibilities of the Emergency Management Director shall include the following:
(A) Conduct an on-going survey of actual or potential hazards which threaten life and property within the city and an on-going program of identifying and requiring or recommending the implementation of measures which tend to prevent the occurrence or reduce the impact of hazards if a disaster occurs;
(B) Supervise the development and approval of an emergency management plan for the city, and recommend for adoption by the city all mutual aid arrangements deemed necessary for the implementation of the plan;
(C) Authorize a declaration of a local state of emergency or disaster; (The declaration may not be continued or renewed for a period in excess of seven days except by or with the consent of the governing body. Any order or proclamation declaring, continuing or terminating a local state of emergency or disaster shall be given prompt and general publicity and shall be filed promptly with the City Clerk.)
(D) Issue proclamations, regulations or directives which are necessary for carrying out the purposes of this chapter; (The proclamations, regulations or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the emergency or disaster prevent or impede, promptly filed with the City Clerk.)
(E) Direct and control the operation of the city’s emergency management organization, as well as the training of emergency management personnel;
(F) Determine all questions of authority responsibility that may arise within the emergency management organization of the city;
(G) Maintain a liaison with other municipal, county, district, state, regional or federal emergency management organizations;
(H) Marshal all necessary personnel, equipment or supplies from any department of the city to aid in carrying out the provisions of the emergency management plan;
(I) Supervise the drafting and execution of mutual aid agreements, in cooperation with state representatives and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the city is located and with other municipalities within the county, for the county-wide coordination of emergency management efforts;
(J) Supervise and have final authority for procuring all necessary supplies and equipment, including accepting private contributions which may be offered for the purposes of improving emergency management within the city;
(K) Authorize agreements, after review by the City Attorney, for use of private property for public shelter and other purposes;
(L) Survey the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided on herein; and
(M) Other requirements as specified in the New Mexico Civil Emergency Act of 1978, NMSA §§ 12-10-1 to 12-10-10.
(’87 Code, § 8-8-3) (Ord. 88-002)
35.04 EMERGENCY MANAGEMENT PLAN.
(A) A comprehensive emergency management plan shall be developed and maintained in a current state.
(B) The plan shall set forth the form of the organization, establish and designate divisions and function, assign responsibilities, tasks, duties and powers, and designate officers and employees to carry out the provisions of this chapter. As provided by state law, the plan shall follow the standards and criteria established by the State Office of Emergency Management (EMPAC). Where possible, the form of organization, titles and terminology shall conform to the recommendations of the State Office of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion for the plan in a current state of readiness at all times.
(C) The emergency management plan shall be considered supplementary to this chapter and have the effect of law during the time of disaster.
(’87 Code, § 8-8-4) (Ord. 88-002)
35.05 INTERJURISDICTIONAL PROGRAM.
The Mayor is hereby authorized to join with the County Manager and the mayors of the other cities in the county in the formation of a Local Emergency Planning Committee (LEPC) for the county and shall have authority to cooperate in the preparation of the LEPC emergency management plan, as well as all powers necessary to participate in a county-wide program of emergency management that may affect the city.
(’87 Code, § 8-8-5) (Ord. 88-002)
35.06 GREATER RESTRICTIONS; OVERRIDE.
At all times as the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations that may be inconsistent.
(’87 Code, § 8-8-6) (Ord. 88-002)
35.07 LIABILITY.
This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety, and neither the city, its agents and representatives, 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 as the result of the activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license or privilege, or otherwise permits the city to inspect, designate and use the whole or any parts of the real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be liable for the death of, or injury to, any person on or about real estate or premise under the license, privilege or other permission or for the loss of, or damage to, the property of the person.
(’87 Code, § 8-8-7) (Ord. 88-002)
35.08 COMMITMENT OF FUNDS.
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this chapter without prior approval by the governing body, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the governing body unless during a declared emergency or disaster. During a declared emergency or disaster, the Mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property.
(’87 Code, § 8-8-8) (Ord. 88-002)
35.09 UNLAWFUL ACTIVITY.
(A) It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter.
(B) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to the person by proper officials.
(C) Any person who shall without proper authority operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this chapter and shall be subject to the penalties imposed by this chapter.
(’87 Code, § 8-8-9) (Ord. 88-002)
Cross references:
Penalty, see § 10.99
35.10 CONFLICT; LIMITATIONS.
This chapter shall not be construed so as to conflict with any state or federal statute or with any military order, rule or regulation.
(’87 Code, § 8-8-10) (Ord. 88-002)