Loading...
ORD 05-24ORDIDNANCE NO. 2005-24 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING EMERGENCY MANAGEMENT THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 5 of the Otsego City Code is hereby amended to add the following sections: Section 9 Emergency Management Section: 5-9-1 Policy and Purpose 5-9-2 Definitions 5-9-3 Establishing an Emergency Management Organization 5-9-4 Powers & Duties of the Emergency Management Director 5-9-5 Local Emergencies 5-9-6 Emergency Regulations 5-9-7 Emergency Management A Government Function 5-9-8 Conformity and Cooperation with Federal and State Authority 5-9-9 Participation in Labor Disputes or Political Action 5-9-10 Enforcement Authority 5-9-11 Prohibited Conduct 5-9-1: Policy & Purpose: Tornados, floods, blizzards, and other natural disasters can affect the City of Otsego. In addition, major disasters such as train wrecks, plane crashes, explosions, accidental releases of hazardous materials, pipeline leaks, and enemy attack pose a potential threat to public health and safety in Otsego. In recognition of these threats, it is necessary to ensure that preparations of the City will be adequate to deal with the disasters and to provide for basic health and security, and preserve the lives and property of the people of this City, it is declared necessary A. To establish a City emergency management organization, whose responsibility it is to plan and prepare for emergency government operations in time of disaster. B. To provide for the exercise of necessary powers during emergencies and disaster. C. To provide for the exercise of mutual aid between the City and other political subdivisions with the goal of carrying out of emergency preparedness functions. D. To comply with the provisions of M.S. Chapter 12 E. To participate as policing district of Wright County and afire protection jurisdiction of the cities of Albertville, Monticello, Elk River, and Rogers, and review and accept their emergency plans as the City's basic plan for responses to emergencies, disasters, mutual aid, and other projects, as prescribed with this ordinance and M.S. Chapter 12. 5-9-2: Definitions: Disaster. A situation that creates an actual or imminent serious threat to the health and safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Emergency. An unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. Emergency Management The preparation for and the carrying out of emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, from acute shortages of energy, or from incidents that pose radiological or other health hazards. These functions include, without limitation, fire -fighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency human services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, implementation of energy supply emergency conservation and allocation measures, and other functions related to civilian protection, together with all other activities necessary or incidental to preparing for and carrying out these functions. Emergency Response Personnel. An individual, organization, or team authorized by the state to supplement state or local resources for emergency response in a stricken area. Emergency Management Mutual Aid. Any disaster which requires the dispatching of City personnel, equipment or other necessary resources within or without the City limits. Emergency Management Organization. The staff element responsible for coordinating city - level planning and preparation for disaster response. This organization provides coordination with federal, state and local jurisdictions relative to disaster preparedness activities, disasters, mutual aid and other projects consistent with M.S Chapter 12 and assures implementation of federal, state, county and other program requirements. Political Subdivision. A county, city, town, or commission organized and existing under M.S. Sections 473.601 to 473.679. 5-9-3: Establishing an Emergency Management Organization: There is created with the City government an emergency management organization which shall be under the supervision of the Emergency Management Director, herein referred to as the Director. The Director shall be appointed to this position by the City Council for an indefinite term and may be removed by the Mayor and City Council at any time. The Director shall have, in addition to his/her other position responsibilities, direct responsibility for the organization, administration, and operation of the emergency management organization. Membership of the emergency management organization shall consist of any and all whom the Director, Mayor and City Council deem necessary. It shall include, but not be limited to: employees of the City, representatives from each of the contracted fire departments, representatives from the Wright County Sheriff's Office, representatives of related emergency management organizations or entities, and at least one at -large community member. 5-94: Powers & Duties of the Emergency Management Director: A. The City Administrator, in his/her role as supervisor of the emergency management organization, shall serve as Emergency Management Director B. The Director shall represent the City at regional or state conferences for emergency management. The Director may develop additional mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted and shall present an agreement to the City Council for its action. The arrangements shall be consistent with the Emergency Operations Plan. The Director shall also be the City's representative to emergency management committees in which the City has a current contract for services. C. The Director shall make assessments of personnel, business and industries, resources and facilities of the City as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster. D. The Director shall work with the City Clerk and department heads in preparing a comprehensive emergency plan for the emergency management of the city hall and shall present the plan to the City Council for its approval. When the council has approved the plan by resolution, it shall be the duty of all city departments and emergency management forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner when necessary. The Director shall coordinate the basic emergency management activities of the City to the end that they shall be consistent and complimentary with the emergency operations plans of participating political subdivisions and state and federal governments. E. In accordance with state and city emergency plans, the Director shall institute training programs, public information programs, and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the emergency plan when a disaster or mutual aid occurs (M.S. Chapter 12, Sec. 12.25) F. During an emergency, disaster, or mutual aid, the Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments of the City to the maximum extent practicable. The officers and personnel of every department shall be cooperative with and extend services and facilities to the emergency management organization. The head of every department in cooperation with the Director shall be responsible for the planning and programming of the emergency activities as will involve the utilization of the facilities of the department. G. The Director shall, in cooperation with existing City departments affected, assist in the organizing, recruiting, and training of such emergency management personnel that may be required on a volunteer basis to carry out the emergency plans of the City and state. To the extent that such emergency personnel are recruited to augment a regular City department for emergencies, they shall be assigned to such departments and shall be under the administration and control of said department. H. The Director shall carry out all orders, rules, and regulations issued by the City Council pertaining to emergency management I. The Mayor shall authorize, and the Director shall carry out, all orders, rules and regulations issued by the Governor with reference to emergency management. J. The Director shall direct and control 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 Director's orders in respect to hereto. K. The Director shall prepare and submit such reports on emergency management activities as may be requested by the City Council. L. If, during time of a declared emergency, the Director shall find that civil courts within the police jurisdiction of the city are unable to perform their lawful duties, he shall inform the City Mayor, and the Mayor shall inform the Governor of his findings and may recommend to him that a state of martial law be proclaimed within the police jurisdiction of the city (M.S. 12.23 and M.S. 12.33 Sub. 1). 5-9-5: Local Emergencies: A local emergency may be declared only by the Mayor of the City or their legal successor(s). It shall not be continued for a period in excess of three days except by or with consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the City Clerk. The declaration shall invoke the City emergency operations plan and other interjurisdictional emergency plans, and may authorize the request for aid and assistance from surrounding political subdivisions. No other city official or agency may declare a local emergency unless expressly authorized by the agreement under which the agency functions (i.e. mutual aid agreement or contract). However, an inter jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions. 5-9-6: Emergency Regulations: A. Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the State or the City Council, the Council may, by resolution, promulgate regulations, consistent with applicable federal and state law or regulation, respecting: 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 regulation, drills, or practice periods required for preliminary training, and all other matters which are required to protect public safety, health, and welfare in declared emergencies. B. Every resolution of emergency regulations shall be in writing: shall be dated, shall refer to the particular emergency to which it pertains, if so limited, and shall be filed with the City Clerk, and shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulations and its availability for inspection shall be conspicuously posted at the front of the city hall or other headquarters of the City or at other places in the affected area as the Council shall designate in the resolution. By like resolution, the Council may modify or rescind any such regulation. C. 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 30 days after its effective date or at the end of the emergency, whichever comes first. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent such conflict exists. D. During a declared emergency, the City is, not withstanding any statutory or charter provision to the contrary, empowered, through the City Council acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disaster 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 rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets. 5-9-7: Emergency Management A Government Function: All functions thereunder and all other activities relating to emergency management are hereby declared to be City governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under the worker's compensation law, or under any pension law, nor the right of such person to receive any benefits or compensation under any act of Congress. 5-9-8: Conformity and Cooperation with Federal and State Authority: A. 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 ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. A. The county Sheriff may appoint any qualified person holding a position in any agency created under federal or state authority for emergency management purposes as a special policing officer of the city, with such powers and duties within the city incident to the functions of the Sheriff s or Deputy's position, not exceeding those of a regular Sheriff or Deputy, as may be prescribed in the appointment. Every such police officer shall be subject to the supervision and control of the Sheriff and such other deputies of the county as the Sheriff may designate. 5-9-9: Participation in Labor Disputes or Political Action: The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. 5-9-10: Enforcement Authority: The members of the Wright County Sheriff's Department, Elk River Fire Department, Monticello Fire Department, Albertville Fire Department, Rogers Fire Department, and all other law enforcement agencies having jurisdiction in the City, and other people authorized by the Mayor, City Council, or Director are authorized and directed to enforce this section and the orders and regulations made pursuant to this ordinance. 5-9-11: Prohibited Conduct: During the period of a declared local emergency, no person may: A. Enter or remain on the premises of an establishment that is not open for business to the general public, unless the person is the owner of the establishment or the owner's agent; B. Violate an order or regulation properly issued by the Mayor or the City Council, or a directive issued by the Director or the Director's authorized agent; or C. Willfully obstruct, hinder, or delay a person who is authorized to enforce this section while that person is exercising those duties or enforcing an order or regulation issued under authority of this section. D. A person who violates this section is guilty of a misdemeanor. A violation of this ordinance is subject to the penalties and provisions of Chapter 2, Section 5 of the Otsego City Code. Section 2. This Ordinance shall be effective upon its adoption and publication as provided for by Statute. ADOPTED by the Otsego City Council this 12th day of December, 2005. CITY OF OTSEGO ORDINANCE NO. 2005-24 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING EMERGENCY MANGEMENT THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 5 of the Otsego City Code is hereby amended to add the following sections: Section 9 Emergency Management Section: 5-9-1 Policy and Purpose 5-9-2 Definitions 5-9-3 Establishing an Emergency Management Organization 5-9-4 Powers & Duties of the Emergency Management Director 5-9-5 Local Emergencies 5-9-6 Emergency Regulations 5-9-7 Emergency Management A Government Function 5-9-8 Conformity and Cooperation with Federal and State Authority 5-9-9 Participation in Labor Disputes or Political Action 5-9-10 Enforcement Authority 5-9-11 Prohibited Conduct 5-9-12 City Code 5-9-13 Adoption Section 2. This Ordinance shall be effective upon its adoption and publication as provided for by Statute. ADOPTED by the Otsego City Council this 12'h day of Dec cr ATTES . :��" Jud son.,�Ylerk/Zoming_Aaministrator Pursuant toTi statutes, this Ordinance is published in summary form. Complete copies of the Otsego City Code are available for inspection by contacting the City Clerk/Zoning Administrator, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota, 55330. Published: Elk River Star News 12-21-05