Ordinance No. 1070 07-08-1996 ORDINANCE NO. 1070
AN ORDINANCE REPEALING CHAPTER 106 OF THE FRIDLEY CITY
CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 106
ENTITLED EMERGENCY MANAGEMENT
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
Chapter 106 of the Fridley City Code is repealed in its entirety and replaced
by a new Chapter 106 EMERGENCY MANAGEMENT which reads as follows:
106.01. POLICY AND PURPOSE
Because of the existing and increasing possibility of the occurrence of
disasters of unprecedented size and destructiveness resulting from, sabotage,
or other hostile action, or from fire, flood, tornado or other natural causes,
and in order to insure that preparations of the City will be adequate to deal
with such disasters, and generally, to provide for the common defense and to
protect the public peace, health, and safety, and to preserve the lives and
property of the people of this City, it is hereby found and declared to be
necessary:
1. To establish a local Emergency Management Organization.
2. To provide for the exercise of necessary powers during emergencies and
disasters.
3. To provide for the rendering of mutual aid between this City and other
political subdivisions of this State and of other states with respect to
carrying out of emergency preparedness functions.
It is further declared to be the purpose of this Chapter and the policy of the
City that all emergency preparedness functions of this City be coordinated to
the maximum extent practicable with the comparable functions of the federal
government, of this State, and of other states and localities, and of private
agencies of every type, to the end that the most effective preparations and
use may be made of the nation s human-power, resources, and facilities for
dealing with any disaster that may occur.
106.02. DEFINITIONS
1. Emergency Management.
The preparation for and the carrying out of all emergency functions, other
than functions for which military forces are primarily responsible, to
prevent, minimize and repair injury and damage resulting from disaster caused
by sabotage, or other enemy hostile action, or from fire, flood, tornado or
other natural causes, or from industrial hazardous material mishaps. These
functions include, without limitation, fire-fighting, police services,
emergency medical and health services, rescue, engineering, warning
communications, radiological, chemical evacuation congregate care, emergency
transportation, existing or properly assigned functions of plant protection,
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temporary restoration of public utility services, and other functions related
to civil protection, together with all other activities necessary or
incidental to preparation for an carrying out of the foregoing functions.
2. Disaster.
A situation which creates an immediate and serious impairment to the health
and safety of any person, or a situation which has resulted in or is likely to
result in catastrophic loss to property, and for which traditional sources of
relief and assistance within the affected area are unable to repair or prevent
the injury or loss.
3. Emergency.
An unforseen combination of circumstances which calls for immediate action to
prevent from developing or occurring.
4. Emergency Management Forces.
The total personnel resources engaged in city-level emergency management
functions in accordance with the provisions of this resolution or any rule or
order thereunder. This includes personnel from City departments, authorized
volunteers, and private organizations and agencies.
5. Emergency Management Organization.
The staff element responsible for coordinating city-level planning and
preparation for disaster response. This organization provides City liaison
and coordination with federal, state and local jurisdictions relative to
disaster preparedness activities and assures implementation of federal and
state program requirements.
106.03. ESTABLISHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION
There is hereby created within the City government a Emergency Management
Organization, which shall be under the supervision and control of a Director
of Emergency Management Director, hereinafter called the Director. The
Director shall be appointed by the Mayor for an indefinite term and may be
removed by the Mayor at any time. The Director shall receive a salary, as may
be prescribed by the City Council, and any necessary expenses. The Director
shall have the responsibility for the organization, administration and
operation of the Emergency Management Organization, subject to the direction
and control of the Mayor. The Emergency Management Organization shall be
organized into such divisions and bureaus, consistent with the state and local
emergency preparedness plans, as the Director deems necessary to provide for
the efficient performance of local emergency management functions during an
emergency. The Emergency Management Organization shall perform emergency
management functions within the City and in addition shall conduct such
functions outside the City as may be required pursuant to the provisions of
the Minnesota Civil Defense Act of 1951, as amended, or this Chapter.
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106.04. POWERS AND DUTIES OF DIRECTOR
1. The Director, with the consent of the Mayor, shall represent the City on
any regional or State organization dealing with emergency management. The
Director shall develop proposed mutual aid agreements with other political
subdivisions within or outside the State for reciprocal emergency management
aid and assistance in an emergency too great to be dealt with unassisted, and
shall present such agreements to the Council for its action. Such
arrangements shall be consistent with the State emergency plan and during an
emergency, it shall be the duty of the Emergency Management Organization and
emergency management forces to render assistance in accordance with the
provisions of such mutual aid arrangements. Any mutual aid arrangement with a
political subdivision of another state shall be subject to the approval of the
Governor.
2. The Director shall make such studies and surveys of manpower to determine
the Emergency Management Organization s adequacy for emergency management and
to plan for its most efficient use in time of an emergency.
3. The Director shall prepare a comprehensive emergency plan for the
emergency preparedness of the City and shall present such plan to the Council
for its approval. When the Council has approved the plan by resolution, it
shall be the duty of all municipal agencies and all emergency management
forces of the City to perform the duties and functions assigned by the plans
as approved. The plan may be modified in like manner from time to time. The
Director shall coordinate the emergency preparedness activities of the City to
the end that they shall be consistent and fully integrated with the emergency
plan of the federal government and the State and correlated with the emergency
plans of other political subdivisions within the State.
4. In accordance with the State and City emergency plan, the Director shall
institute such training programs and public information programs and shall
take all other preparatory steps including the partial or full mobilization of
emergency management forces in advance of actual disaster, as may be necessary
to prompt and effective operation of the City emergency plan in time of an
emergency. The Director may, from time to time, conduct such practice drills
or other emergency preparedness exercises as are deemed necessary to assure
prompt and effective operation of the City Emergency Plan when disaster
occurs.
5. The Director shall utilize the personnel, equipment, supplies and
facilities of existing departments and agencies of the city to the maximum
extent practicable. The officers and personnel of all such departments and
agencies shall, to the maximum extent practicable, cooperate with and extend
such services and facilities to the Emergency Management Organization and to
the Governor upon request. The head of each department and agency, in
cooperation with and under the direction of the Director, shall be responsible
for the planning and programming of such emergency prepared activities as will
involve the utilization of the facilities of their department or agency.
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6. The Director shall, in cooperation with existing City department and
agencies affected, organize, recruit, and train emergency management personnel
that may be required on a volunteer basis to carry out the emergency plans of
the City and the State.
To the extent that such emergency personnel are recruited to augment a regular
City department or agency for emergencies, they shall be assigned to such
department or agency for purposes of administration and command. The Director
may dismiss any emergency volunteer at any time and require that person to
surrender any equipment and identification furnished by the City.
7. Consistent with the emergency plan, the Director shall coordinate the
activity of city emergency management organizations with the city and assist
in establishing and conducting training programs as required to assure
emergency operational capability in the several services (Minnesota Statutes,
Chapter 12, 12.25)
8. The Director shall carry out all orders, rules and regulations issued by
the Governor with reference to emergency management.
9. The Director shall direct and coordinate the general operations of all
emergencies in conformity with controlling regulations and instructions of
State emergency management authorities. The heads of departments and agencies
shall be governed by the Director s orders in respect thereto.
10. Consistent with the emergency plan, the Director shall provide and equip
at some suitable place in the City a control center and, if required by the
State emergency plan, an auxiliary control center to be used during an
emergency as headquarters for direction and coordination of emergency
management forces. The director shall arrange for representation at the
control center by municipal departments and agencies, public utilities and
other agencies, authorized by federal or State authority, to carry on
activities during an emergency. The Director shall arrange for the
installation at the control center of necessary facilities for communication
with and between heads of emergency management divisions, stations and
operating units of municipal services, other agencies concerned with emergency
management, other communities and control centers within the surrounding area
and with the federal and State agencies concerned.
11. During the first thirty (30) days of an emergency, if the legislature is
in session, or the Governor has coupled his or her declaration of the
emergency with a call for a special session of the legislature, the Director
may, when necessary to save life or property, require any person, except
members of the federal or state military forces and officers of the State or
any other political subdivisions, to perform services for emergency management
purposes and may commandeer, for the time being, any motor vehicles, tools,
appliances or any other property, subject to the owner's right to just
compensation as provided by law.
12. The director shall prepare and submit such reports on emergency
preparedness activities as may be requested by the City Council.
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106.05. EMERGENCY PREPAREDNESS WORKERS
l.Emergency management volunteers shall be called into service only in case of
an emergency for which the regular municipal forces are inadequate or for
necessary training and preparation for such emergencies. All volunteers shall
serve without compensation.
2. Each emergency management volunteer shall be provided with such suitable
insignia or other identification as may be required by the Director. Such
identification shall be in a form and style approved by the federal
government. No volunteer shall exercise any authority over the persons or
property of others without displaying his or her identification. No person,
except an authorized volunteer, shall use the identification of a volunteer or
otherwise represent himself or herself to be an authorized volunteer.
3. No emergency management volunteer shall carry any firearm while on duty
except on written order of the Director of Public Safety for the City of
Fridley.
4. Personnel procedures of the City of Fridley applicable to regular
employees shall not apply to volunteer emergency management workers, but shall
apply to paid employees of the Emergency Management Organization.
106.06. LOCAL EMERGENCIES
1. A local emergency may be declared only the by the Mayor of Fridley or
their legal successors. It shall not be continued for a period in excess of
three days except by or with the 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/Records Coordinator.
2. A declaration of a local emergency shall invoke necessary portions of the
response and recovery aspects of applicable local or interjurisdictional
disaster plans, and may authorize aid and assistance thereunder.
3. Subdivision 3. No jurisdictional agency or official may declare a local
emergency unless expressly authorized by the agreement under which the agency
functions. However, an inter-jurisdictional disaster agency shall provide aid
and services in accordance with the agreement under which it functions.
106.07. EMERGENCY REGULATIONS
1. Whenever necessary to meet a declared emergency or to prepare for such
emergency for which adequate regulations have not been adopted by the Governor
or by the City Council, the Mayor may by proclamation, promulgate regulations
consistent with applicable federal or 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 regulations; drills, or practice periods required for
preliminary training; and all other matters which are required to protect
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public safety, health, and welfare in emergencies.
2. Every resolution of emergency regulations shall be in writing, signed by
the Mayor, dated, refer to the particular emergency to which it pertains, if
so limited, and be filed in the office of the City Clerk where a copy shall be
kept posted and available for public inspection during business hours. Notice
of the existence of such regulation and its availability for inspection at the
Clerk's office shall be conspicuously posted at the front of the City Hall or
the headquarters of the City and at such other places in the affected area as
the Mayor shall designate in the proclamation. Thereupon the regulation shall
take effect immediately or at such later time as may be specified in the
proclamation. By like proclamation, the Mayor may modify or rescind any such
regulation.
3. The City Council may rescind any such regulation by resolution at any
time. Every such regulation shall expire at the end of thirty(30) days after
its effective date or at the end of the emergency to which it relates, which
ever occurs first. Any ordinance or regulation inconsistent with an
emergency regulation promulgated by the Mayor shall be suspended during the
period of time to the extent that such conflict exists.
4. During a declared emergency, the City is, notwithstanding any statutory or
charter provision to the contrary, empowered through its governing body 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, providing emergency assistance to
victims of such disaster. The City may exercise such powers in the light of
the exigencies of the disaster without compliance with time-consuming
procedures and formalities, prescribed by law pertaining to the performance of
public work, entering into contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of supplies and materials
limitations upon tax levies, and the appropriation and expenditure of public
funds, for example, but not limited to, publication of ordinances and
resolutions, publication of calls for bids, provisions of personnel laws and
rules, provisions relating to low bids, and requirements for budgets.
106.08. PROCEDURE
1. There is hereby established an account in the general fund to be known as
the Emergency Management Account. Into this fund shall be placed the proceeds
of taxes levied for emergency management, money transferred from other
accounts, gifts and other revenues of the Emergency Management Organization.
From such account, expenditures shall be made for the operation and
maintenance of the Emergency Management Organization and other expenditures
for emergency preparedness. Regular accounting disbursement, purchasing,
budgeting and other financial procedures of the City shall apply to the
Emergency Management Organization insofar as practicable, but budgeting
requirements and other financial procedures shall not apply to expenditures
from the account in any case when their application will prevent compliance
with terms and conditions of a federal or state grant of money or property for
emergency preparedness purposes.
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2. The Director shall, as soon as possible after the end of each fiscal year,
prepare and present to the City Council for the information of the Council and
the public, a comprehensive report of the activities of the Emergency
Preparedness Organization during the year.
106.09. CONFORMITY OF COOPERATION
Every officer and agent of the City shall cooperate with the federal and state
authorities and with authorized agencies engaged in emergency measures to the
fullest possible extent consistent with the performance of their other duties.
The provisions of this Chapter 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. The
Public Safety Director may appoint any qualified person holding a position in
any agency created under federal or State authority for emergency purposes as
a special police officer of the City, with such police powers and duties
within the City incident to the functions of that person's position, not
exceeding those of a regular police officer of the City, as may be prescribed
in the appointment. Every such special police officer shall be subject to the
supervision and control of the Public Safety Director and such police officers
of the City as are designated.
106.10. GOVERNMENTAL FUNCTION
1. All functions hereunder and all other activities relating to emergency
management are hereby declared to be governmental functions. The City and,
except in cases of willful misconduct, its officers, agent, employees, or
representatives engaged in any emergency activities, while complying with or
attempting to comply with the Minnesota Civil Defense Act of 1951 as amended
(Minn. Stats. 12.01 to 12.46) or with this Chapter or any rule, regulation or
order made hereunder, shall not be liable for the death of or any injury to
persons or damage to property as a result of such activity.
2. The provisions of this Section shall not affect the right of any person to
receive benefits to which that person would otherwise be entitled under this
Chapter or under Worker s Compensation Law, or under any pension law, nor the
right of any such person to receive any benefits or compensation under any act
of Congress.
106.11. POLITICAL PARTICIPATION
The Emergency Management Organization shall not participate in any form of
political activity nor shall it be employed directly or indirectly for
political purposes, not shall it be employed in a legitimate labor dispute.
106.12. PENALTIES
Any violation of this chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of this code.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF
JULY, 1996.
WILLIAM J. E - MAYOR
ATTEST:
1,31L, a .
WILLIAM A. CHAMPA - CITY CLERK
First Reading: June 24, 1996
Second Reading: July 8, 1996
Publication: July 18, 1996