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HomeMy WebLinkAbout113 Emergency ManagementSECTION 113 EMERGENCY MANAGEMENT SUBSECTIONS: 113.100: PURPOSE 113.200: DEFINITIONS 113.300: EMERGENCY MANAGEMENT AGENCY, MANAGER 113.400: POWERS AND DUTIES OF MANAGER 113.500: EMERGENCY MANAGEMENT WORKERS, GENERAL PROVISIONS 113.600: EMERGENCY REGULATIONS 113.700: EMERGENCY MANAGEMENT TAX; ACCOUNT 113.800: CONFORMITY AND COOPERATION WITH THE FEDERAL AND STATE AUTHORITY 113.900: PENALTY 113.100: PURPOSE: Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage and other hostile action; from acute shortages of equipment or energy, incidents at nuclear power plants, or other health concerns; or from fire, flood, earthquake or other natural causes, and in order to insure that preparations of the City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of the City, it is found and declared to be necessary: (1) To establish a local organization for emergency management; (2) To provide for the exercise of necessary powers during emergencies; and (3) To provide for the rendering of mutual aid between the City and the other political subdivisions of the State and of other states with respect to carrying out of emergency management functions. It is further declared to be the purpose of this Section and the policy of the City that all emergency management functions of the City be coordinated to the maximum extent practicable with the comparable functions of the Federal government, of the State, the County and of other state and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources and facilities, for dealing with any disaster that may occur. 113.200: DEFINITIONS: Emergency Management: The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disaster caused by enemy attack, sabotage or natural causes. These functions include, without limitation, fire-fighting services, police services, medical health services, rescue, engineering, warning services, communications, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, utilization of best available shelters and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out the foregoing functions. Emergency: An emergency declared by the Governor under State or Federal law, or an emergency proclaimed by the Mayor under Minn. Stat. Sec. 12.29 and/or Sec. 12.37. Emergency Management Forces: Any personnel employed by the City and any other volunteer or paid member of the local emergency management agency engaged in carrying on emergency management functions in accordance with the provisions of this Section or any related rule or order. 113.300: EMERGENCY MANAGEMENT AGENCY, MANAGER: 113.301 Agency Established: There is hereby created within the City government an Emergency Management Agency, which shall be under the supervision and control of a Manager of Emergency Management, hereinafter called the Manager. 113.302 Emergency Management Manager: The Manager shall be appointed by the City Council for an indefinite term and may be removed by the City Council at any time. The Manager may be compensated at a rate to be determined by the City Council, together with necessary expenses. The Manager shall have direct responsibility for the organization, administration and operation of the Emergency Management Agency, subject to the direction and control of the City Manager. 113.303 Functions of the Agency: The Emergency Management Agency shall be organized into such divisions and bureaus, consistent with State and local emergency management plans, as the Manager deems necessary to provide for the efficient performance of local emergency management functions during an emergency. The Emergency Management Agency shall perform emergency management functions within the City and in addition, shall conduct such functions outside the City as may be required pursuant to the provisions of the National Incident Management System, applicable State statutes, or this Section. 113.400: POWERS AND DUTIES OF MANAGER: 113.401 The Manager shall represent the City on any regional or State organization for emergency management. The Manager shall develop proposed mutual aid agreements with other political subdivision within or outside the State for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the Council for its action. Such arrangements shall be consistent with the National Incident Management System and State emergency management plan and during an emergency, it shall be the duty of the Emergency Management Agency and Emergency Management Forces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the Governor. 113.402 The Manager shall make such studies and surveys of the personnel, industries, resources and facilities of the City, including shelters, as the Manager deems necessary to determine their adequacy for emergency management, and to plan for their most efficient use in time of an emergency. 113.403 The Manager shall prepare a comprehensive general plan for the emergency management of the City and shall present such plan to the City Manager for approval. When the City Manager has approved the plan, it shall be the duty of all City officials and employees and all City Emergency Management Forces to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Manager shall coordinate the emergency management activities of the City to the end that they shall be consistent and fully integrated with the emergency management plans of other political subdivisions within the State. 113.404 In accordance with the State and City emergency management plan, the Manager shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of Emergency Management Forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City emergency management plan in time of an emergency. The Manager may from time to time, conduct practice alerts or other exercises. 113.405 The Manager shall utilize the personnel, services, equipment, supplies and facilities of existing departments of the City to the maximum extent practicable and shall cooperate with and extend such services and facilities to other local emergency management agencies and to the Governor upon request. The head of each department, in cooperation with and under the direction of the Manager, shall be responsible for the planning and the programming of such emergency management activities as will involve the utilization of the facilities of the department. 113.406 The Manager shall, in cooperation with existing City departments, organize, recruit and train shelter managers, radiological monitors, police reserves, rescue personnel and any other personnel that may be required on a volunteer basis to carry out the emergency management plans of the City and the State. To the extent that such emergency personnel are recruited to augment a regular City department for emergencies, they shall be assigned to such department for purposes of administration and command. The Manager may dismiss any emergency management volunteer at any time and require them to surrender any equipment and identification furnished by the City. 113.407 Consistent with the emergency management plan, the Manager shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers and other facilities, or conveyances for the care of the injured or homeless persons. 113.408 The Manager shall carry out all orders, rules and regulations issued by the Governor pertaining to emergency management. 113.409 The Manager shall direct and control the general operations of all local Emergency Management Forces during an emergency in conformity with controlling regulations and instructions of State emergency management authorities. The heads of departments shall be governed by the Manager’s orders. 113.410 Consistent with the emergency management plan, the Manager shall provide and equip at some suitable place in the City an emergency operating center, and if required by the local emergency management plan, auxiliary centers to be used during an emergency as headquarters for direction and control of Emergency Management Forces. The Manager shall arrange for representation at the center by City departments, public utilities and other agencies authorized by Federal or State authority to carry on emergency management activities during an emergency. The Manager shall arrange for the installation at the emergency operating center, of necessary facilities for communication with and between heads of emergency management divisions, the stations and operating units of City services and other agencies concerned with emergency management and for communication with other communities and emergency operating centers within the surrounding area and with the Federal and State agencies concerned. 113.411 During the first thirty (30) days of an emergency, if the State Legislature is in session or the Governor has coupled his declaration of the emergency with a call for a special session of the State Legislature, the Manager may, when necessary to save life or property, require any person, except members of the Federal or State military forces and officers of the State or any other political subdivision, to perform services for emergency management purposes as directed; and the Manager may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. 113.500: EMERGENCY MANAGEMENT WORKERS, GENERAL PROVISIONS: 113.501 The Manager shall have the authority to appoint, direct, manage and dismiss all Emergency Management Forces including existing City personnel and volunteers from their emergency management positions. 113.502 Call to Service: Emergency management volunteers shall be called into service only in case of an emergency for which the regular City forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. 113.503 Firearms Prohibited: No emergency management volunteer shall carry any firearm while on duty except on written order of the Chief of the Police Department. 113.504 Provisions Not Applicable: Personnel procedures of the City applicable to regular employees shall not apply to volunteer emergency management workers, but shall apply to paid employees of the Emergency Management Agency. 113.600: EMERGENCY REGULATIONS: 113.601 Whenever necessary to meet an emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the City Manager may by proclamation promulgate regulations, consistent with applicable Federal or State law or regulations respecting: protection against attack; the sounding of a warning; the conduct of persons and the use of property during emergencies; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations, trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in emergencies. 113.602 Every proclamation of emergency regulations shall be in writing, signed by the City Manager and shall refer to the particular emergency to which it pertains. All such proclamations shall be filed in the office of the City Clerk, where a copy shall be posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the City Manager shall designate in the proclamation. The regulation shall take effect immediately or at such later time as may be specified in the proclamation. All such regulations may be modified or rescinded by the City Manager following the same procedure. 113.603 The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of thirty (30) days after its effective date or at the end of the emergency to which it relates, whichever occurs first. Any ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the City Manager shall be suspended during the period of time and to the extent that such conflict exists. 113.604 During an emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City to enter into contracts and incur obligations necessary to combat such emergency by protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budgets. 113.700: EMERGENCY MANAGEMENT TAX; ACCOUNT: There is hereby established an account in the General Fund to be known as the Emergency Management Account. Into this Fund shall be placed the proceeds of taxes levied for emergency management, money transferred from other funds, gifts and other revenues of the Emergency Management Agency. From it shall be made expenditures for the operation and maintenance of the Emergency Management Agency and other expenditures for emergency management. Regular accounting, disbursement, purchasing, budgeting and other financial procedures of the City shall apply to the Emergency Management Fund insofar as practicable; but budgeting requirements and other financial procedures shall not apply to expenditures from the Fund in any case when their application will prevent compliance with terms and conditions of a Federal or State grant of money or property for emergency management purposes. 113.800: CONFORMITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY: Every officer and agency of the City shall cooperate with Federal and State authorities and with authorized agencies engaged in emergency management and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this Section and of all regulations made pursuant to this Section shall be subject to all applicable and controlling provisions of Federal and State laws and of regulations and such orders shall be deemed to be suspended and inoperative so far as there is any conflict. The City may appoint any qualified person holding a position in any agency created under Federal or State authority for emergency management purposes as a special police officer of the City with such police powers and duties as may be prescribed in the appointment within the City incident to the functions of the position, not exceeding those of a regular police officer of the City. Every such police officer shall be subject to the supervision and control of the Chief of Police and such other police officers of the City as the Chief may designate. 113.900: PENALTY: Any person who violates any provision of this Section or any regulation adopted hereunder relating to acts, omission or conduct other than official acts of City officer and employees, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by Minnesota Statute. (Ord. Amd. 119-09, publ. 11/09/2019)