Chapter 13.06
Emergency Management
Sections:
13.06.020 Emergency management policy.
13.06.030 Emergency management defined.
13.06.040 Emergencies or disasters defined.
13.06.050 Emergency management program.
13.06.060 Emergency management plan.
13.06.070 Office of Emergency Management.
13.06.080 Disaster and emergency powers of the Director of Emergency Management (Mayor).
13.06.090 Duties of the Director of Emergency Management (Mayor).
13.06.110 Duties of the Emergency Management Coordinator (City Administrator).
13.06.120 Emergency management appropriations.
13.06.130 Functions and duties of departments and employees.
13.06.010 Purpose.
The declared purpose of this chapter is to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the City of DuPont in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services within the City of DuPont with the county and other affected public agencies and private persons, corporations and organizations. Any expenditure made in connection with such emergency management 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 of DuPont. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.010).
13.06.020 Emergency management policy.
It is the policy of the City of DuPont to make effective preparation and use of manpower, resources, and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies, by their nature, may disrupt or destroy existing systems and the capability of the City of DuPont to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency occur. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.020).
13.06.030 Emergency management defined.
“Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to and recover from emergencies and disasters, and to aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether manmade or natural, and to provide support for search and rescue operations for persons and property in distress. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.030).
13.06.040 Emergencies or disasters defined.
“Emergency” or “disaster” as used in this chapter shall mean an event or set of circumstances which:
(a) Demand immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences; or
(b) Reaches such a dimension or degree of destructiveness as to warrant the Mayor proclaiming the existence of a disaster or declaring a state of emergency in accordance with appropriate local and State law. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.040).
13.06.050 Emergency management program.
The emergency management program of the City of DuPont is hereby created and shall consist of:
(a) The Mayor (Director of Emergency Management), who shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the City of DuPont and direct responsibility for the emergency operation of departments of the City of DuPont.
(b) The City Administrator (Emergency Management Coordinator), who shall be responsible for the development, maintenance and coordination of the DuPont Emergency Management Plan. The City Administrator will also be responsible for the coordination of all training relating to the emergency management plan.
(c) The emergency management plan, which is the design for how the City will operate in a disaster or emergency.
(d) All mutual aid agreements and contracts for services. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.050).
13.06.060 Emergency management plan.
The emergency management plan, prepared by the City Administrator (Emergency Management Coordinator) and promulgated by the Mayor (Director of Emergency Management) and City Council, is the official emergency management plan of the City of DuPont. The Emergency Management Coordinator shall file a copy of said plan in the office of the City Clerk, and distribute copies of said plan to appropriate City departments. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.060).
13.06.070 Office of Emergency Management.
The City Administrator (Emergency Management Coordinator) shall be appointed by the Mayor (Director of Emergency Management) and shall develop and maintain the emergency management plan and program of the City of DuPont and shall have other such duties as may be assigned by the Director of Emergency Management. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.070).
13.06.080 Disaster and emergency powers of the Director of Emergency Management (Mayor).
In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of emergency by the Director of Emergency Management or Governor, the Director of Emergency Management is hereby empowered:
(a) To proclaim a state of emergency when, in the opinion of the Director of Emergency Management, the resources of the City or region are inadequate to cope with the disaster;
(b) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(c) To obtain vital supplies, equipment and other properties found lacking and needed for the protection of the life and property of the people, and to bind the City of DuPont for the fair value thereof, and, if required immediately, to commandeer the same for public use;
(d) To control and direct the efforts of the emergency management organization of the City of DuPont for the accomplishment of the purpose of this chapter;
(e) To require emergency services of any City official, officer or employee and, in the event of the proclamation of a state of emergency by the Governor in the region in which the City of DuPont is located, to command the aid of as many citizens of the City of DuPont as may be deemed necessary in the execution of the Director of Emergency Management’s duties, and such persons to be entitled to all privileges, benefits and immunities as are provided by State law for registered emergency workers. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.080).
13.06.090 Duties of the Director of Emergency Management (Mayor).
The duties and responsibilities of the Director of Emergency Management shall include the following:
(a) Proclaim a state of emergency when necessary;
(b) Provide overall direction and control of City emergency management activities;
(c) Provide emergency information to the public;
(d) Provide liaison with the county, State and national elected officials. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.090).
13.06.100 Disaster and emergency powers of the Emergency Management Coordinator
(City Administrator).
The Emergency Management Coordinator is hereby empowered:
(a) To request the Director of Emergency Management (Mayor) or Mayor Pro Tem to proclaim the existence or threatened existence of a disaster or state of emergency and the termination thereof, or to issue such proclamation, in the absence of the Director of Emergency Management (Mayor) or Mayor Pro Tem, and communicate the situation to the above at the earliest practical time. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.100).
13.06.110 Duties of the Emergency Management Coordinator (City Administrator).
The duties and responsibilities of the Emergency Management Coordinator shall include the following:
(a) To carry out the program for emergency management and coordinate emergency efforts during the mitigation of, preparation for, response to, and the recovery from a disaster;
(b) To direct and control all operational activities of emergency services of the City before, during and after disasters;
(c) To develop and execute plans for utilization of resources before, during and after an emergency/disaster;
(d) To requisition necessary personnel or material from any City of DuPont department or agency;
(e) To execute all of the special powers conferred upon the Emergency Management Coordinator by this chapter, or by any other statute, agreement, lawful authority, as necessary;
(f) Other duties as deemed appropriate by the Director of Emergency Management. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.110).
13.06.120 Emergency management appropriations.
Appropriations will be made in the City budget to cover the expense of emergency management training, writing and maintaining the emergency disaster plan, and for administration of the emergency disaster plan. Such moneys are to be approved for expenditures in the same manner as expenditures are now authorized by requisition against the City budget. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.120).
13.06.130 Functions and duties of departments and employees.
The City Council hereby assigns to the various departments and to the officers and employees thereof the functions, duties and powers set forth in the emergency management plan. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.130).
13.06.140 Private liability.
No individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City of DuPont a license or privilege or otherwise permits the City of DuPont to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or an attack by enemies of the United States or during a disaster drill, exercise or test ordered by lawful authority. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.140).
13.06.150 Penalty.
Any person who shall:
(a) Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter;
(b) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter if such act is of such a nature as to give or be likely to imperil the lives or property of the inhabitants of the City of DuPont 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 Management Agency of the State;
shall be guilty of a misdemeanor and, upon conviction, be punished by fine not exceeding $1,000 or by imprisonment for a period not exceeding 90 days, or both, at the direction of the court. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.150).
13.06.160 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 00-678 § 1; Ord. 10-897 § 1. Formerly 13.11.160).