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City Government

 

32. Office of Emergency Preparedness

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12/01 

CHAPTER 32

OFFICE OF EMERGENCY PREPAREDNESS

1-32-1:   INTENT AND PURPOSE
1-32-2:   DEFINITIONS
1-32-3:   ORGANIZATION AND APPOINTMENTS
1-32-4:   DUTIES AND RESPONSIBILITIES
1-32-5:   EMERGENCY PLAN AND MANAGEMENT SYSTEM
1-32-6:   PROCEDURES
1-32-7:   EMERGENCY RESPONSE POWERS
1-32-8:   COMPENSATION
1-32-9:   LINE OF SUCCESSION OF MAYOR
1-32-10: CONFLICTING ORDINANCES/ORDERS/RULES REGULATIONS SUSPENDED
1-32-11: VIOLATION OF REGULATIONS
1-32-12: PENALTY

1-32-1:  INTENT AND PURPOSE:  (1322 1741 2068 2921)  It is the intent of the City Council to establish and maintain a local emergency agency as described in the Colorado Disaster Emergency Act of 1992, Part 21 of Article 32 of Title 24, C.R.S., as amended.  Except as provided in this chapter, City departments shall continue to exercise the responsibilities and authority specified in the City Charter or by ordinance.

1-32-2:  DEFINITIONS:  (1322 1741 2068 2400 2921)  For the purpose of this Chapter, all definitions found in Section 24-32-2103, C.R.S., apply as definitions to this chapter, except as follows:

“Emergency” shall include the terms disaster and disaster emergency as the context may require.

1-32-3:  ORGANIZATION AND APPOINTMENTS:  (1322 1741 2068 2921)  The City Manager is hereby authorized and directed to establish an Office of Emergency Management as the coordinating agency for all emergency events, utilizing to the fullest extent the services and resources of existing departments within the City.  An Emergency Management Coordinator shall be appointed to direct appropriate planning, management and coordination in all phases of emergency management, including mitigation, preparedness, response and recovery.

1-32-4:  DUTIES AND RESPONSIBILITIES: (1322 1741 2068 2400 2921)  The Office of Emergency Management shall be responsible for preparing and keeping current an emergency plan and management system (EPMS), delineating measures to be implemented by the City before, during and after an emergency event.  An Emergency Management System shall be developed and tested to assure capability of managing emergency events.

1-32-5:   EMERGENCY PLAN AND MANAGEMENT SYSTEM:  (1322 1741 2068 2921) An EPMS shall be developed and maintained by the Office of Emergency Management, subject to approval of the City Manager.  The plan will identify department responsibilities, including requirements for maintenance of specific facilities and department emergency procedures and critical resource information.

1-32-6:  PROCEDURES:  (1322 1741 2068 2921)

(A)  DECLARATION OF EMERGENCY:  The Mayor shall have the power to declare that a state of emergency exists when, in his/her opinion, such an event has occurred or the threat of such event is imminent.

(B)  DECLARATION IN WRITING:  Declaration of emergency shall be in writing and shall describe the nature of the emergency, the area threatened, the conditions that have brought it about, and the conditions that would remedy it.  The City Manager shall be responsible for publication and dissemination of information to the public and shall file the Declaration with the City Clerk and forward a copy to the State Office of Emergency Management.

(C)  EFFECT OF DECLARATION:  The issuance of a declaration of emergency shall automatically empower the City Manager to exercise any and all of the emergency powers permitted by state and local law and shall activate all relevant portions of the EPMS.  The City Council shall convene to perform its legislative powers as the situation demands, and shall receive reports through the City Manager and evaluate and enact policy and other incident support as required.  Nothing in this Chapter shall abridge or curtail the powers of the City Council.

(D)  DURATION:

            1.  A state of emergency shall remain in effect until the City Council or City Manager declares that the threat of danger has passed or that the emergency conditions no longer exist.  However, a state of emergency shall not be continued or renewed for a period in excess of seven (7) days, unless the City Council approves a longer duration.

            2.  City Council may by motion terminate a state of emergency at any time and the City Manager shall immediately issue a notice affecting the same.

            3. Any declaration continuing or terminating a state of emergency shall be filed with the City Clerk and a copy shall be forwarded to the State Office of Emergency Management.

1-32-7:  EMERGENCY RESPONSE POWERS:  (1322 1741 2068 2921)

(A)  The City Manager may exercise any and all powers granted by applicable state law subsequent to issuance of the emergency declaration.

(B)  During the existence of a state of emergency, the City Manager may promulgate such regulations as he or she deems necessary to protect life and property and preserve critical resources.  These regulations shall be confirmed at the earliest practical time by the City Council, shall be given widespread circulation, and shall be disseminated to the news media.  These regulations may include, but shall not be limited to, powers granted by applicable state law.  Specifically, the City Manager may:

(1) Suspend the provisions of this code that prescribe procedures for conduct of City business, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the emergency.

(2) Transfer the direction, personnel, or functions of City departments for the purpose of performing or facilitating emergency services.

(3) Subject to any applicable legal requirements to provide compensation, commandeer or utilize any private property, if the City Manager finds this necessary to cope with the emergency.

(4) Direct and compel evacuation of persons from any stricken or threatened area within the City, if the City Manager deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery measures.

(5) Prescribe routes, modes of transportation, and destinations in connection with evacuation.

(6) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

(7) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles within the City.

(8) Make provisions for the availability and use of temporary emergency housing.

(9) Waive all provisions for competitive bidding and direct the purchasing agent to purchase necessary supplies in the open market at not more than commercial prices.

(C)   The City Manager is authorized to exercise all powers permitted by City Charter and state law to require emergency services of any City officer or employee and command the aid of as many citizens of the City as he or she deems necessary in the execution of his or her duties.  Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for civil defense workers.

1-32-8:   COMPENSATION:  (1322 1741 2068 2921) Compensation for services or private property used by the City in responding to an emergency shall be compensated as specified by contract or as required by state law, subject to the principles and procedures set forth in Section 24-32-2111, C.R.S., and Articles 1 to 7 of Title 38, C.R.S.

1-32-9:   LINE OF SUCCESSION OF MAYOR:  (1741 2068)  If the Mayor is unable to perform the duties or functions set forth in this Chapter, then the powers and duties conferred upon the Mayor shall be performed in descending order as follows:  by the Mayor Pro Tempore, then by the Council member most senior in length of service, then by the Council member whose last name begins with a letter that is the closest to the beginning of the alphabet.

1-32-10:  CONFLICTING ORDINANCES, ORDERS, RULES AND REGULATIONS SUSPENDED:  (1741 2068 2921)  Any orders, rules and regulations promulgated during a proclaimed state of emergency shall take precedence over existing ordinances, rules and regulations, if a conflict arises.

1-32-11:  VIOLATION OF REGULATIONS:  (1322 1741 2068 2921)  It shall be unlawful for any person to violate any of the provisions of this Chapter, or of the regulations or plans issued pursuant to the authority contained in this Chapter, or to willfully obstruct, hinder or delay any person in the exercise of any duty or authority pursuant to the provisions of this Chapter.

1-32-12:   PENALTY:  (1322 1741 2068 2921)  Any person convicted of a violation of any section of this Chapter, or of any regulations or plan issued pursuant to the authority contained herein shall be punished by a fine or by imprisonment or by both such fine and imprisonment pursuant to the provisions in Section 1-8-1 of this code.

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