HomeMy WebLinkAbout084 - 06/20/2023 - AMENDING ARTICLE IX OF CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING EMERGENCY MANAGEMORDINANCE NO.084,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IX OF CHAPTER 2 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING EMERGENCY MANAGEMENT
WHEREAS,in 1990 the City Council created the Office of Emergency Management by
adopting Ordinance No.40,1990,which codified Article IX of Chapter 2 of the City Code
regarding emergency management (the “Emergency Management Code”);and
WHEREAS,for the last 33 years the Emergency Management Code provisions have
remained largely the same except for some minor amendments to change names and titles,move
responsibility for the Office of Emergency Management from Police Services to Poudre Fire
Authority,and establish a method for dissemination of rules and regulations to the public during
an emergency:and
WHEREAS,in 2019 the City Manager created the position of Director of Emergency
Preparedness and Security (the “Director”)within the City Manager’s Office;and
WHEREAS,the Director and other City staff have conducted a thorough review of the
Emergency Management Code provisions and have recommended that such provisions be
amended to do the following:
•Formally establish the Office of Emergency Preparedness and Security within the City,
instead of the Office of Emergency Management;
•Define the term “emergency organization”as already used in the Code;
•Replace the “Disaster Council”with a “Policy Group”that will provide the strategy and
vision for how emergency response and recovery should be conducted;
•Direct the City Manager to appoint a Director of the Office of Emergency Preparedness
and Security,instead of the City Manager serving as the Director of Emergency
Management;
•Shift responsibility for development of the City’s Emergency Operations Plan from the
Disaster Council to the Director,based on the principles and policies set forth in the
National Incident Management System (NIMS)adopted by the City pursuant to Resolution
2005-105,with adoption by the City Manager and approval by the City Council;and
•Allow the City manager to adopt updates to the Emergency Operations Plan as needed
without submitting every change to the City Council for approval,so long as the City
Manager submits the entire Emergency Operation Plan to the City Council for approval at
least once every five years;and
WHEREAS,the City Council has determined,and now finds,that the adoption of this
Ordinance is necessary for the health,safety and welfare of the public.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That Section 2-666 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-666.Definitions.
(a)As used in this Article,“emergency organization”shall mean 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
required to provide service under the provisions of §2-669(a)(6)c of this Article,be charged with
duties incident to the protection of life,health,safety and property in the City,while planning for
such emergency or during such emergency.
(b)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,pandemic,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 3.That Section 2-668 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.2-668.Policy Group.
The Policy Group is hereby created to provide the strategy and vision for how emergency response
and recovery should be conducted,and shall consist of the following persons or their designees:
(1)The City Manager;
(2)The Deputy City Manager(s);
(3)The Mayor;
(4)The Director of Emergency Preparedness and Security;
(5)The City Attorney;and
(6)Such other City staff members as the City Manager may choose to designate.
The Policy Group shall be immediately activated following a disaster or emergency declaration
made by the City Manager,or their appointed designee.Additionally,the City Manager,or their
appointed designee,may convene the Policy Group at any point to address the threatened existence
or existence of an emergency event.The Policy Group is deactivated by the City Manager,taking
into account the existing and potential needs of the City.
Section 4.That Section 2-669 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 5.That Section 2-670 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-669 and amended to read as follows:
Sec.2-669.—Office of Emergency Preparedness and Security.
There is hereby created the Office of Emergency Preparedness and Security.The City Manager
shall appoint a Director of the Office of Emergency Preparedness and Security.
Section 6.That Section 2-671 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-670 and amended to read as follows:
Sec.2-670.Powers and duties of the City Manager and Director of Emergency Preparedness
and Security.
(a)The City Manager is hereby empowered:
(1)To proclaim the existence or threatened existence of a local emergency.Whenever
a local emergency is proclaimed by the City Manager,it shall not be continued or renewed
for a period more than 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
agency responsible for emergency management.
(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 by ordinance;
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 the City Manager deems necessary in the execution
of their 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 City;and
e.To execute all of the ordinary powers as City Manager,all of the special
powers conferred by this Article or by the City Council,and all powers conferred
by any statute,by agreement approved by the City Council and by any other lawful
authority.
(b)The City Manager shall designate the order of succession,to take effect in the event the
City Manager and their designee pursuant to Article III,Section 3 of the Charter are both
unavailable to attend meetings and otherwise perform their duties during an emergency.
(c)The Office of Emergency Preparedness and Security shall support the development of
emergency response plans as needed and manage the coordination of emergency programming in
the City;and shall have such other powers and duties as may be assigned by the City Manager.
(d)In the event of a declaration of military law,the City Manager shall report directly to the
Mayor as head of City government in accordance with Article II,Section 4 of the Charter.
(e)Any rules and regulations made and issued by the City Manager pursuant to the authorization
set forth in Paragraph (a)(6)of this Section shall be disseminated widely to the community by
appropriate means given the circumstances and available methods for communicating with the
public.A knowing violation of such rules and regulations shall be a misdemeanor punishable under
§1-15 of this Code.
Section 7.That Section 2-672 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 8.That Section 2-673 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-671 and amended to read as follows:
Sec.2-671.-Emergency Operations Plan.
The Director of Emergency Preparedness and Security shall be responsible for:
(a)The development of the Emergency Operations Plan (and any subsequent revisions)for
adoption by the City Manager and approval by the City Council,which Plan shall be based on the
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principles and policies set forth in the National Incident Management System (NIMS)adopted by
the City pursuant to Resolution 2005-105,as now in effect or as may be updated in the future.The
Emergency Operations 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.
(b)Development and recommendation for adoption by the City Council,as required,of
emergency response plans,mutual aid plans and agreements,and such ordinances,resolutions and
rules and regulations as are necessary to implement the Emergency Operations Plan.
(c)Conferring with the City Manager regarding the Emergency Operations Plan on a
frequency and to the extent the City Manager determines to be beneficial for the development and
updating of the Emergency Operations Plan.
The City Manager may adopt updates to the Emergency Operations Plan as necessary and
appropriate to maintain the emergency preparedness of the City,provided that the City Manager
shall submit the Emergency Operations Plan to the City Council for approval at least once every
five (5)years.
Section 9.That Section 2 674 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-672.
Sec.2-672.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 10.That Section 2-675 of the Code of the City of Fort Collins is hereby
renumbers as Section 2-673.
Sec.2-673.-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 6th day of
June,2023,and to be presented for final pas~age on the 20th day of June,2023.
S
AflEST:
l.4~.j1•~.
Chief Deputy City Clerk
Passed and adopted on final reading this 20th day of June,2023.
May
AflEST:
Chief Deputy City Clerk