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HomeMy WebLinkAbout2006-04-10 06-146 ORDINANCEItem Mo. Date: 4-10-06 06 146 Item/Subject Ordinance, Adopting a N"Article XVII of Chapter 28 of the Code of Ordinances — Emergency Management Agency Responsible Department Fre/Oty Manager In order to remain eligible for certain federal emergency management and disaster preparedness grams, the City must adopt an Emergency Management Agency ordinance in compliance with the applicable provisions of State law and incorporating the National Emergency Management System (NIMS) and the Incident Command System (ICS). As a practical matter, the City should also have such an ordinance to provide for the necessary authority to respond ro a natural or man made disaster. The attached Ordinance will establish the Emergency Management Agency, which is, in effect, a virtual agency composed of various existing City of Bangor employees and any other volunteers or organizations which might assist the Ory In responding to a disaster. Itauthorizesme Oly Manager to appoint, subject to Council confirmation, an Emergency Management Director and authorizes the Director to establish an Emergency Operations Plan and the necessary holes and regulations to put it intoeffect. The Ordinance also designates the authority of the City Manager, subject to consultation with Me Chairofthe City Council, to issue an emergency proclamation fora period of up to five days after which the City Council would be required to take action to extend the designation. Finally, it outlines the powers and duties of the City Manager and the Emergency Management Director and authorizes streamlined administrative procedures during disasters. This ordinance is based an a model ordinance provided by the Maine Emergency Management Agency as adjusted to conform with the City of Bangor's charter and organizational structure. Department Head Manager's Comments: Cftheu ..,'.( 0@4 Ica A&ov A� nr.cnnxrv..da p`LQA2ygQ OnA o.r+�na..Q A)v.Pwnrai ` //ll Recommendapprpval. Yw QU/�e�ffj d0�A04FX%0. /I /�'R�a/ dkse.� v.., d+Akw 14-71 15. RVAGJ� a y CityManager SUBSrfIfionin Associated Infomratition: Budget Approval: �14J Finance Director Legal Approval: Solldror Passage X First Reading Page _of_ X Referral to Government Operations @ 5 p.m. on April 11, 2006 BE If ORDAINED BY THE CM COUNCR OF THE CRy OF BANGOR THAT There's hereby adopted a new Article XVD to Chapter 28 of the Code of Ordinances as follows: ARTICLE %VII Emergerrcy Management Agency § 28-72. purpose It is the Intent and purpose of this Ordinance to establish an Emergency Management Agency in compliance and in conformity with the provisions of Titre 37-B, MRSA, Section 781 at seg., to ensure the complete and efRdent utilization of the Citys facilities and resources to combat disaster as defined herein. § 28.73. Definitions The following definitions shall apply In the interpretation of this ordinance: A.=Emergency Management Agency' means the agency createtl under this ordinance for the preparmon for and the carrying out of all emergency Functions, other than functions for which military forces are primarily responsible, in order M minimPre and repair Injury and damage resulting from disasters or catashophes caused by enemy or [amorist attacks, sabotage, dots, or other hostile action, or by fire, good, earthquake, or other natural or man-made causes. These functions indude, without limitation, firefighting, police, medical and heaBh, emergency welfare, rescue, engineering, public warning and conmunications services; evawatlon of persons from stricken areas; allocation of critical materials in short supply; emergency transportation; other activities related M civilian protection; and other activities necessary to the preparation for the carrying out of Nese functions. B. "Emergency Management Agency Foro shall mean Me employee , equipment, and facilities of all City departments, boards, institutions, and commissions; and in addition, it shall include all volunteer persons, equipment; and facilities conMbutetl by or obtained from volunteer persons or agencies. C. "Director means the director of the City of Bangor Emergency Management Agency, appointed as prescribed in this ordinance. D. "DRasoe' mearw Me occurrence o Imminent threat of widespread o severe damage, injury or loss of life or property resulting from any natural or man-made cause, Including, but Trot limited to, Are, flood, earthquake, wind, storm, wave action, oil Will a other water contamination requiring 06 146 Aecigoet to nousu.lor Greene CITY OF BANGOR ARtal 10. 20M (II E.) Ordinance, Adopting a New Article %VII to Chapter 28 of the Code of Ordinances — Emergency Management Agency BE If ORDAINED BY THE CM COUNCR OF THE CRy OF BANGOR THAT There's hereby adopted a new Article XVD to Chapter 28 of the Code of Ordinances as follows: ARTICLE %VII Emergerrcy Management Agency § 28-72. purpose It is the Intent and purpose of this Ordinance to establish an Emergency Management Agency in compliance and in conformity with the provisions of Titre 37-B, MRSA, Section 781 at seg., to ensure the complete and efRdent utilization of the Citys facilities and resources to combat disaster as defined herein. § 28.73. Definitions The following definitions shall apply In the interpretation of this ordinance: A.=Emergency Management Agency' means the agency createtl under this ordinance for the preparmon for and the carrying out of all emergency Functions, other than functions for which military forces are primarily responsible, in order M minimPre and repair Injury and damage resulting from disasters or catashophes caused by enemy or [amorist attacks, sabotage, dots, or other hostile action, or by fire, good, earthquake, or other natural or man-made causes. These functions indude, without limitation, firefighting, police, medical and heaBh, emergency welfare, rescue, engineering, public warning and conmunications services; evawatlon of persons from stricken areas; allocation of critical materials in short supply; emergency transportation; other activities related M civilian protection; and other activities necessary to the preparation for the carrying out of Nese functions. B. "Emergency Management Agency Foro shall mean Me employee , equipment, and facilities of all City departments, boards, institutions, and commissions; and in addition, it shall include all volunteer persons, equipment; and facilities conMbutetl by or obtained from volunteer persons or agencies. C. "Director means the director of the City of Bangor Emergency Management Agency, appointed as prescribed in this ordinance. D. "DRasoe' mearw Me occurrence o Imminent threat of widespread o severe damage, injury or loss of life or property resulting from any natural or man-made cause, Including, but Trot limited to, Are, flood, earthquake, wind, storm, wave action, oil Will a other water contamination requiring 06-196 As Amended ,nY.."`v V CITY OF BANGOR is (TITLE.) Ordinance, Adopting a New Article XVII to Chapter 28 of the Code of Ordinances — Emergency Management Agency BE IT ORDAINED BY THE CRY COUNCIL OF THE =OF BANO'OR THAT There is hereby adopted a new Article XVII to Chapter 28 of the Code of Ordinances as follows: ARTICLE XVII Emergency Management Agency jj 28-7Z Purpose It is the intent and purpose of this Ordinance to establish an Emergency Management Agency In compliance and in conformity with the imwis ions of Title 37-8, MRSA, Section 7810 req., W ensure the complete and efficient utilization of the Cityfs facilities and resources to combat disaster as defined herein. § 28-7& Definitimm The following definitions shall apply in the interpretation of this ordinance: y_Emergency Management Agency" means the agency created under this ordinance (or the preparation for and the carrying out of all emergency functiors, other than functions for which military forces are primarily responsible, in order to minimize and repair injury and damage resulting from disasters or catastrophes caused by enemy or temorst attacks, sabotage, riots, or other hostile action, or by fire, fi4nd, earthquake, or other natural or manmade causes. These functions include, without limitation, firefighting, police, medical and health, emergency welfare, rescue, engineering, public warning and communications serrices; evacuation of persons from strI areas; alloadan of chdol materials in short supply; emergency transportation; other ad"es related to civilian protection; and other activities necessary to the preparation for the carrying out of these functions. B. "Emergency Management Agency ForoW shall mean the employees, equipment, and facilities of all City departments, Islands, Institutions, and commissions; and in addition, it shall induce all volunteer persons, equipment, and facilities contributed by or obtained from volunteer persons or agencies. C. "Director" means the director of the City of Bangor Fmergeray Management Agency, appointed as prescibed in this ordinance. D. "Disaster' means the occurrence or imminent threat of widespread or severe damage, Injury or loss of life or property resulting from any natural or man-made cause, Including, but not limited to, fire, flood, earthquake, wind, stoop, wave action, nuclear catastrophe. oil spill cur otherwater 06-146 As Ammdea contamination requiring emergency action W avert danger or damage, epidemic, extreme public health emergency pursuant to Title 22, M.R.S.A, Section 802, subsection 2-A, air contemanadon, blighq drought, critical material shortage, Infestation, explosion, noq or hostile military or paramilitary action. § 28-74. Organization A. The City Manager shall be rapornible for Me agency's organization, administration, and operation. The City Manager may employ such pmnanent or temporary employees as he deems necessary and prescribe their duties. B. The City Council shall review the misting operational organization to ascertain the agenc(s ability to ape with its responsibilities and shall approve the Cty's Emergency Operations Man. §28-75. Appointment of Director, Duties and Responsibilities The City Manager shall appoint an Emergency Management Director, subject to anfinnatim by the City Council. The Emergency Management Director shall coordinate the activities of all city departmeds, organizations, and agencies far civil emergency preparedness within the City and maintain a liaison with other emergency management and public safety agencies, and have such additional duties as prescribed by the City Manager. §28-76. Rules and Regulations The Emergency Management Director shall prepare, under the direction of the City Manager, such polides as may be deemed necessary for the administration and operational requirements of the agency, which policies must he approved by the City Council prior W beaming effective. §28-77. Emergency Prodamation A. The City Manager shall have the poyrer and authority, after consultation with the Chair of the City Coundl, W Imre a proclamation that an emergency exists whenever a disaster or civil emergency exists or appears imminent The proclamation may declare that an emergency exists in any or all sections athe City. If the City Manager is tenporarily absent from Me dry on otherwise unavailable, the Assistant City Manager may Issue the proclamation Mat an emergency exists. If neither the City Manager nor the Assistant Cry Manager is available, then the following persons shall have the power and authority W issue a proclamation that an emergency mists, in the following order of wocasion: the Emergency Management Mrector, the Rre Chief, the Police Chief, and the Directar of InfasWc[ure and Development. A copy of such proclamation shall be filed within Lwenty-four (24) hors in the office of the City Clerk. B. Notwithstanding the above, when consultation with the Chair of the City Council would result in a substantial delay in an effects a response In alleviating or preventing an emergency or chamber, the City Manager, or his successor as outlined above, is authorized W take whatever actions are necessary W prevent the loss of life and property in the City. C The City Manager and the Emergency Management Director shall be responsible for submitting a full report W the City Council of all action taken as a result of the declared emergency as coon as the City Council can he amend. §28-78. Termination of Emergency A. When the City Manager, or his succor as outlined above, is satisfied that a disaster or ciWl emergency no longer musts, be or she shall terminate the emergency proclamation by another proclamation affecting the sections of the City mw:red by the original proclamation, or any part thereof. Said termination of emergency shall be filed in the office of the City Clark. B. No slate of emergency may continue for longer than five (5) days unless renewed by the City Council. §28-79. City Marmi Duties and Emergency Powers A. During any period when an emergency prodamation Is In effect, the City Manager may promulgate such regulations as he deems necessary to protect lire and property and W preserve: critical resources within the purposes of this ordinance. Such regulations may Indude, but are not limited to, to following: 1. Regulations prohibiting or restricting the movement of vehicles in areas within or withour the nry; 2. Regulations facilitating or resticlrg to movenent of persons within the city; 3. Regulations pertaining to the movement of persons from hazardous areas mil the dry; 4. Such other regulations sacessery in preserve public peace, health, and safety. B. Nothing in this section shall be construed W limit the authority or responsibility of any department to proceed under powers and authority granted M then by some statute, city ordinance, or the charter of the City of Bangor. C The City Manager or his designee may order the evacuation of persons from hazardous areas within Me City. D. The City Manager or his designee shall be authorized W request aid or assistance from the state or any Political subdivision of the state and may render assistance to other politicel subdivision under the provisions of Title 37-11, M.R.S.A., Section M. E. The City Manager may obtain vital supplies, equipment, and other items found lacking and needed for the protection of health, life, and poperty during an emergency without following normal purchasing or foetal bid procedures. F. The provisions of this section will terminate at the end of the declared emergency. §28-80. Emergency Operations Plan A. The Emergency Management Director shall prepare an all hazard Emergency Operations Man IMP) for the city, which shall be submtred W Me Ciry Council far approval. The SOP shall incorporate the principals of the National Emergency Management System (MMS) and the Incident Command System (ICS). B. It shall be the responsibility of all municipal departments and agencies to perform to functions assigned and W maintain their portions of the plan in a current state of reads ass. The Ory plan shall be reviewed periodically by the Cry Manager in cenjunctlon with all Ciry department heads and Me Emergency Management Director. §28-81. Immun ly from Liability All Emergemy Management Agency Farces, while engaged in Emergency Management Agency aclObes, shall be Immune from liability as set forth in Tide 37-B, M.R.SA., Section 822. §28-82. Compensation for Injuries All Emergency Management Agency Forces shall be deemed N be employees of the state when engaged in training or an duty and shall haw: all of the rights of state employees under the Workmen's Compematon AR, as set foM in Title 37-13, M.ILS.A., Section 823. §28-83. Violations and fMnalties. A. It shall be undawful for any person W violate any proAsions of this ordinance or of Bre regulations or plans issued pursuant to the authority contained herein, or N obstruc% hinder, or delay any Emergency Management Agemy Farces as herein defined in the enforcement of the proyslom of Nis ordinance or any regulation or plan Issued hereunder. B. Any person, firm, or corporation violating any provision of this ordinance or any rule or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($MDAD) and the costs of prosecution. §28-84. Conflicting Ordinances, Order; Rule, and Regulations Suspended. At all times when an emergency proclamation is in effect, the orders, rules, and regulators made and Promulgated pursuant to this ordimnce shall supersede all existing ordinances, orders, rules, and regulations, Insofar as the later may be inconsistent herewith. 06 146 emergency action W avert danger or damage, epidemic, extreme public heafth emergency pursuant W Title 22, M.R.S.A., Section 802, subsection 2-A, air contamination, blight, drought, critical material shortage, Infestation, explosion, riot, or hostile military or Paramilitary action. § 28-70. Organization A The City Manager shall be responsible for the agengs organization, adminldlrabon, and operation. The City Manager may employ such permanent or temporary employees as he deems necessary and prescribe Meir duties. B. The Cly Council shall review the existing operational organization W ascertain the agenryY ability to cope with its responsibilities and shall approve the Chys Emergency Operations Plan. §28-75. Appointment of Director Duties and Responsibilities The City Manager shall appoint an Emergency Management Director, subject W conflmhat an by the City Council. The Emergency Management Director shall coordinate the activities of all city departments, organizations, and agencies for civil emergency preparedness within the city and maintain a liaison with other emergency management and public safety agendes, and have such addifional duties as prescribed by the City Manager. §28-76. Rules and Regulations The Emergency Management Director shall prepare, under the direction of the City Manager, such policies as may be deemed necessary for the administration and operational requirements of the agency, which polities must be approved by the City Council prior W becoming effective. §28-77. Emergency Prodamation A. The City Manager shall have the power and authority, after consultation with the Chair of the City Council, W issue a prodamatcan that an emergency exists whenever a disaster or cM] emergency ewsls or appears imminent. The proclamation may dedare that an emergency toddle in any or all sections of Me City. If the Cry Manager Is temporarily absent fran the City or otherwise unavailable, the Assistant City Manager may same the proclamation that an emergency exists. If neither Me City Manager nor the Assistant City Manager is available, then Me following persons shall have the Power and authority W Issue a proclamation that an emergency exists, in the following order of succession: the Emergency Management DirttMr, the Fre Chief, the Police Chief, and the Director of infrastructure and Development. A copy of such prodam bon shall be filed mlhin twenty-four (N) hours In the office of the CM Cale. B. Notwithstanding the above, when consultation with the (hair of the City Coundl would result In a subsimrsal delay in an effective response in alleviating or preventing an emergency or chamber, ber, the City Manager, or his successes as oudined above, is authorized to take whatever actions are necessary to prevent Me loss of life and property in the City. C The Cry Manager and the Emergency Management Director shall be responsible for submitting a full report to the City Council of all actions taken as a result of the declared emergency as soon as the City Council an be convened. 06 146 §28-78. Terminath n of Emergency A. When Me City Manager, or his successor as outlined above, is satisfied that a disaster or civil emergency nw longe edsts, he or she shall terminath the emergency proclamation by another proclamation afe mg the sections of the City covered by the original proclamation, or any part thereof. Said termination of emergency shall be filed in the office of the City Clerk. Is. No state of emergency may wntinue for longer than We (5) clays unless renewed by the Oty Council. 128-79. CRV Managees Duties and Emergency Powers A. During any period when an emergency prodamaton is in effect, the City Manager may promulgate such regulations as he deems necessary to protect line and property and M preserve cnNc it resources within the purposes of this ordinance. Such regulations may include, but are not limited M, the following: 1. Regulations prohibiting or restricting the movement of vehicles in arms within or without the city; 2. Regulations facilitating or restricting the movement of persons within the city; 3. Regulations pertaining to the movement of persons from hazardous areas within the city; 4. Such otherregulations necessaryM preserve public peace, health, and safety. B. Nothing in this seWhon shall be construed M limit the authority or responsibility of any department M proceed under powers and authority granted M Mem by state statute, city ordinance, or the charter of Me City of Bangor. C. The qty Manager or his designee may order the evacuation of persons from hazardous areas within the City. D. The City Manager or his designee shall he autlwn¢ed to request aid or assistance from the site or any pol@ical subdivision of the state and may render assistance M other pol'Aical subtimsh n under the provisions of Tide 37-8, M.R.SA., Section M. E. The City Manager may obtain vital supplies, equipment and other items found lacking and needed Rx the protection of health, Ife, and property during an emergency without following normal purchasing or formal bid procedures. F. The provisions of this section will terminate at the end of the declared emergency. 128-8& Emergent' operations Plan & The Emergency Management Director shall prepare an all hazard Emergency Operations Plan (EOP) for the city, which shall be submitted M the Oty Coundl for approval. The EOP shall incorporate the principals of the National Emergency Management System (NMS) and Me Incident Command System (ICS). B. D shall he the responsibility of all municipal departments and agendas M perforin the funcdons assigned and M maintain their portions of the plan in a current state of readiness. The City plan shall be reviewed parochially by the City Manager in wlgunctlon with all City department heads and the Emergency Management Director. 06 146 §28-81. Immunity from OebiRty All Emergency Management Agency Forces, white engaged in Emergency Management Agency aNvities, shall he Immune lion liability as set forth in Intle 37-B, M.R.S.A., Section M. §28-82. Compensation for Injuries All Emergency Management Agency Farces shall be deemed W be employees of the state when engaged in training or on duty and shall have all of the rights of state employees under the Workmen's Compensation Act, as set fond in Title 37-B, MRSA, Section 923. §28-83, Molations and Penalties. A. It shall be unlawful for any person to violate any provisions of this ordinance or of the regulations or plans issued pursuant W the authority contained herein, or to obstruct, hinder, or delay any Emergency Management Agency Fortes as herein defined in the enforcement of the provisions of this ordnance or any regulation or plan Issued hereunder. B. Any person, firm, ar corlmimlon violatirg any provissm of this ordinance or arty rule or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) and the costs of prosection. §28-89. Conflicting Ordinarrws, Orders, Rules, and Regulations Suspended. At all times when an emergency proclamation s in effect, the orders, rules, and regulations made and promulgated pursuant W this ordnance shall supersetle all edsdng ordinances, orders, rules, and mgulab", insofar as the latter may be inconsistent herewith. ID CITY COOXCIL April 10. 2006 Frit gouging A Referred to Nor ���Oenr Operations � ^`tee CITY C1.9gH IN CITY COUNCIL April 24. 2006 Nation Nage and Seconded for Passage Nation Made and seconded to Include" Nuclear Castastropbe" Passed Nation Made and Secmded for Passage as Amended Vote I -o councilors voting yes: Caslmell. O'errlco Farrington, Gmtsick, Greene, Nares, Palver Councilor voting m Councilors absent: Allen 6 Store Pasta I CITY Um p 06-146 ORDIRANC8 Cyfllp,N Adapting a Has Article BVI to Chapter 28 of the Gode of Ordinance - Emergeney Nansgasaot Agency A.... a Cased.�i' .