HomeMy WebLinkAbout040 - 07/03/1990 - AMENDING CITY CODE RELATING TO EMERGENCY MANAGEMENT ORDINANCE NO. 40, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 1 OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO
EMERGENCY MANAGEMENT
WHEREAS, by virtue of their unknown or unexpected nature, many
emergencies require quick and decisive action; and
WHEREAS, City Council has determined that the City Manager must be
afforded adequate authority to carry out essential actions in the event of
an emergency; and
WHEREAS, the City Council has further determined that a "Disaster
Council " should be created and charged with the responsibility of
developing an "Emergency Operations Plan"; and
WHEREAS, the Council has further determined that the emergency
organization of the City should be defined and established, and the powers
of the City Manager in the event of an emergency should be delineated in
the Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 1 of the Code of the City of Fort Collins is hereby
amended by adding thereto a new Article II, to read as follows:
ARTICLE II. EMERGENCY MANAGEMENT
Section 1-30. Definition.
As used in this Article, local emergency shall mean the
actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within the
city, including but not limited to: fire, flood, storm,
earthquake, epidemic, infestation, explosion, aircraft crash,
hazardous substance incident, oil spill or other contamination of
air or water requiring immediate action to avert danger or
damage; water or power shortage, civil disturbance, hostile
military or paramilitary action; or any other declared disaster
that requires the aid and assistance of outside, local , state or
federal agencies.
Section 1-31. Legislative intent.
The declared purposes of this Article are to provide for the
preparation and carrying out of plans for the protection of
persons and property within the city in the event of a local
emergency; the direction of the emergency organization; and the
coordination of the emergency functions of the city with all
other public agencies, organizations and affected private
persons.
Section 1-32. Disaster Council membership.
The Disaster Council is hereby created and shall consist of
the following:
(1) The City Manager, who shall be chairperson;
(2) The Deputy City Manager, who shall be vice-chairperson;
(3) The Mayor;
(4) The Emergency Management Coordinator; and
(5) Other city staff members as are designated in the
emergency operations plan of the city, adopted pursuant
to this Article.
Section 1-33. Disaster Council powers and duties.
The Disaster Council shall have the duty and power to
develop and recommend for adoption by the City Council emergency
and mutual aid plans and agreements and such ordinances,
resolutions and rules and regulations as are necessary to
implement such plans and agreements. The Disaster Council shall
meet upon call of the chairperson or, in his or her absence from
the city or inability to call such meeting, upon call of the
vice-chairperson.
Section 1-34. Office of Emergency Management.
There is hereby created the Office of Emergency Management.
The City Manager shall be the director of the Office of Emergency
Management. The Emergency Management Coordinator shall be the
assistant director. The Office of Emergency Management shall be
located within Police Services, and Police Services shall provide
the administrative support necessary for the office to carry out
its duties.
Section 1-35. Powers and duties of the director and assistant
director of the Office of Emergency Management.
(a) The director is hereby empowered:
(1) To proclaim the existence or threatened existence of a
local emergency. Whenever a local emergency is
proclaimed by the director, it shall not be continued
or renewed for a period in excess of seven (7) days,
except by or with the consent of the City Council . Any
such proclamation shall be given prompt and general
publicity and shall be filed promptly with the City
Clerk or the Larimer County Clerk and Recorder and with
the State Division of Disaster Emergency Services.
(2) To request the Governor of the state to proclaim a
"state of disaster emergency" when, in the opinion of
the director, the locally available resources are
inadequate to cope with the emergency.
(3) To control and direct the effort of the emergency
organization of the city for the accomplishment of the
purposes of this Article.
(4) To coordinate the services and staff of the emergency
organization of the city; and resolve questions of
authority and responsibility that may arise.
(5) To represent the city in all dealings with public or
private agencies on matters pertaining to emergencies
as defined herein.
(6) In the event of the proclamation of a local emergency
as herein provided or the proclamation of a "state of
disaster emergency" by the Governor or other lawfully
empowered official of the state:
a. To make and issue rules and regulations on matters
reasonably related to the protection of life,
health, safety and property as affected by such
emergency; provided, however, that such rules and
regulations must be confirmed at the earliest
practical time by the City Council ;
b. To obtain vital supplies, equipment and such other
properties found lacking and needed for the
protection of life, health, safety and property and
to bind the city for the fair value thereof in
accordance with Chapter 8 and , if required
immediately, to commandeer the same for public use;
c. To require emergency services of any city officer
or employee and, in the event of the proclamation
by the Governor or other lawfully empowered
official of the state of a "state of disaster
emergency" in the county, to 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;
d. To requisition necessary personnel or material of
the Poudre Fire Authority and/or any city
department or agency; and
e. To execute all of the ordinary powers as City
Manager, all of the special powers conferred by
this Article or by the Emergency Operations Plan
adopted by the City Council pursuant hereto, and
all powers conferred by any statute, by agreement
approved by the City Council and by any other
lawful authority.
(b) The director of the Office of Emergency Management
shall designate the order of succession to that office, to take
effect in the event the director is unavailable to attend
meetings and otherwise perform his or her duties during an
emergency. Such order of succession shall be as set forth in the
Direction and Control Annex to the Emergency Operations Plan
adopted pursuant to this Article.
(c) The assistant director shall , under the supervision of
the director and with the assistance of the members of the
Disaster Council , develop emergency operations plans and manage
the emergency programs of the city; and shall have such other
powers and duties as may be assigned by the director.
(d) In the event of a declaration of military law, the
efforts of the emergency organization of the city shall be
subject to the direction and approval of the Office of the Mayor
as head of city government in accordance with Article II, Section
4 of the Charter.
Section 1-36. Emergency organization.
All officers and employees of the city, together with those
volunteer forces enrolled to aid them during an emergency, and
all groups, organizations and persons who may, by agreement or
operation of law, including persons impressed into service under
the provisions of § 1-35(a) (6)c of this Article, be charged with
duties incident to the protection of life, health, safety and
property in the city during such emergency, shall constitute the
emergency organization of the city.
Section 1-37. Emergency Operations Plan.
The Disaster Council shall be responsible for the
development and adoption of the Emergency Operations Plan (and
any subsequent revisions) , which Plan shall provide for the
effective mobilization of all of the resources of the city to
meet any condition constituting a local emergency or state of
disaster emergency pursuant to state law; and shall provide for
the organization, powers and duties, services and staff of the
emergency organization of the city.
Section 1-38. No obstruction.
It shall be unlawful for any person to willfully obstruct,
hinder, or delay any person in the exercise of any duty or
authority pursuant to the provisions of this Article.
Section 1-39. Conflicting ordinances, orders, rules and
regulations suspended.
Any orders, rules and regulations promulgated during a
proclaimed state of disaster emergency shall take precedence over
existing ordinances, rules and regulations if a conflict arises.
Introduced, considered favorably on first reading, and ordered
published this 5th day of June, A.D. 1990, and to be presented for final
passage on the 3rd day of July, A.D. 19 lam /Z
May r
ATTEST.: f I p
7 l 1�City Clerk
Passed and adopted on final reading this 3rd day of July, A.D. 1990.
mayor
AT ST:
OLML
City Clerk