(a) Short Title. This section shall be known and may be cited and referred to as “The National Incident Management System (NIMS) Ordinance for the City of Clarksburg.”
(b) Intent and Purpose.
(1) It is the intent and purpose of this section to formally recognize the National Incident Management System (NIMS) and adopt the principles and policies of the NIMS that will insure the complete and efficient utilization of all of the City’s resources to combat disaster resulting from enemy actions or other disasters as defined herein. This section will meet all requirements of the State of West Virginia’s Proclamation on the adoption of NIMS.
(2) The purpose of the NIMS is to provide a consistent nationwide approach for federal, state, territorial, tribal and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.
(3) The NIMS principles and policies are to be adhered to by all emergency management forces and across all functional disciplines within the City to provide a comprehensive approach to incident management.
(4) The NIMS provides a common foundation for training and other preparedness efforts; communicating and sharing information with other responders and with the public, ordering resources to assist with a response effort, and for integrating new technologies and standards to support incident management.
(5) To institutionalize the use of the ICS, Incident Command System, outlined in Appendix A of the NIMS. The 9/11 Commission Report recommends the use of (NIMS) ICS to enhance command, control, and communication capabilities.
(6) The City Emergency Services, with guidance from the NIMS Integration Center (NIC), will be the coordinating agency for all activity in connection with NIMS, it will be the instrument through which the Clarksburg Board of Commissioners may exercise the authority and discharge the responsibilities vested in them during emergencies.
(c) Definitions. The following definitions shall apply in the interpretation of this section:
(1) “Coordinator” means the Coordinator of the City of Clarksburg Emergency Management Agency, appointed as prescribed in this section.
(2) “Disaster” includes but is not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, accident, chemical spill or other impending or actual calamity endangering or threatening to endanger health, life, or property of constituted government.
(3) “Emergency management” means the basic government functions of maintaining the public peace, health, and safety during an emergency. This term shall include plans and preparations for protection and relief, recovery and rehabilitation from effects of an attack by the forces of an enemy nation or the agents thereof, or a disaster as defined herein. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States.
(4) “Emergency Management Forces” means the employees, equipment and facilities of all City departments, boards, councils, institutions and commissions; and in addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies that are assigned the duties of responding to emergencies within the City.
(5) “Incident Command System, ICS” means the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in domestic incident management activities as outlined in the NIMS Document under Appendix A.
(6) “National Incident Management System (NIMS)” means a document produced by the Department of Homeland Security under the direction of Presidential Directive-5 that strengthens response capabilities through a balance between flexibility and standardization, and use of common doctrine, terminology, concepts, principles, and processes.
(7) “NIMS Integration Center (NIC)” means the federal agency established to provide strategic direction and oversight of the NIMS, supporting both routine maintenance and continuous refinement of the system and its components. Such agency develops and facilitates national standards for the NIMS.
(d) Violations. It shall be a misdemeanor for any person to violate any of the provisions of this section or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Emergency Services organization as herein defined in the enforcement of the provisions of this section or any plan issued thereunder.
(e) Conflicting Ordinances, Orders, Rules and Regulations Suspended. At all times when the orders, rules and regulations made and promulgated pursuant to this section shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith.
(f) Applicability Extension. The Municipality hereby ratifies this section and adopts it as its own including all forms and conditions specified herein.
(Ord. 09-9. Passed 5-7-09.)