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§ 33.02 PURPOSE.
   The purpose of this chapter is to provide a plan to minimize injury to persons and property, to preserve the established civil authority in the event that a state of emergency exists within the city. This chapter is also intended to operate in conjunction with the city’s Emergency Management Plan. The city’s Emergency Management Plan shall be adopted by resolution of the City Council and may be amended from time to time by subsequent Council resolution.
(Ord. 07-2006, passed 7-10-2006)
§ 33.03 DEFINITION OF EMERGENCY.
   (A)   The state of emergency exists whenever the city or any area in the city is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety, or welfare.
   (B)   Such an event shall include, but not be limited to, the following:
      (1)   A civil disturbance, riot or crisis influx of migrants unmanageable by the city;
      (2)   Eco-terrorism and/or sabotage;
      (3)   A disaster such as flood, windstorm, snow event, earthquake, volcanic eruption or related activity, drought, fire, explosion, spills or releases of hazardous materials, epidemic or pandemic;
      (4)   The declaration of a war-caused national emergency;
      (5)   Any major disruption of community services such as transportation, power supply, water service, sanitation, or communications; and
      (6)   A health hazard, whether natural or human-made.
(Ord. 07-2006, passed 7-10-2006)
§ 33.04 EMERGENCY MANAGEMENT CORE TEAM.
   The Emergency Management Core Team shall be responsible for the implementation of the Emergency Management Plan. The team shall consist of the Mayor, the members of the City Council, as well as designated representatives, including their back-ups, of the rural fire district, ambulance service and school district.
(Ord. 07-2006, passed 7-10-2006)
§ 33.05 DECLARATION OF AN EMERGENCY.
   (A)   When the Core Team determines that a state of emergency exists, the Mayor shall make a declaration to that effect and request a special meeting of the City Council in order to ratify the declaration of emergency. The special meeting of the Council shall occur as soon as possible after the declaration of emergency and such notice as is appropriate to the circumstances shall be given for the meeting. If for any reason the Mayor is unavailable to perform the duties of office under this chapter during a state of emergency, the duties shall be performed by a member of the City Council appointed by the Council to act in the Mayor’s place. The powers of this successor shall be limited to those granted under this chapter, and the duration of the succession shall be until such time as the Mayor is able or available to perform the duties of office.
   (B)   The state of emergency declared under this section shall be continuous and shall remain in effect until further notice is given by the Mayor or his or her appointed successor.
   (C)   The declaration of emergency shall designate the geographic boundaries of the area which warrants the exercise of emergency controls.
   (D)   The declaration of emergency shall state any special regulations imposed as a result of the state of emergency and the Council may authorize additional specific emergency powers not provided in this chapter for the duration of the emergency.
   (E)   The declaration of emergency may:
      (1)   Authorize extraordinary measures for the mobilization of city resources;
      (2)   Authorize expedited purchasing and contracting, including bypassing hearings and the competitive bid process;
      (3)   Authorize requests for state and federal disaster funding; and
      (4)   Encourage a county and/or state proclamation of emergency.
(Ord. 07-2006, passed 7-10-2006)
§ 33.06 REGULATION AND CONTROL OF PERSONS AND PROPERTY.
   (A)   During the existence of a declared state of emergency within the city, the Core Team is empowered to order the following measures in the interests of public heath, safety, or welfare:
      (1)   Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places;
      (2)   Regulate or prohibit egress and ingress to and from an emergency area; limit or prohibit the movement of any person or persons within such area; order the moving or removal of any property within the area and the evacuation of any person or persons from the area to the extent that the Core Team finds human lives or property are endangered; and authorize or direct the entry into or upon private property to prevent or minimize danger to lives or property;
      (3)   Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place within the area designated as an emergency area;
      (4)   Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the area designated as an emergency area, for such distance as may be deemed necessary under the circumstances;
      (5)   Prohibit the sale of alcoholic beverages or the consumption thereof in public places; prohibit or restrict the sale of gasoline or other flammable liquids; and prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place;
      (6)   Order mandatory evacuations of persons. An evacuation authorized by this division (A)(6) shall be ordered only when necessary for public safety or when necessary for the efficient conduct of activities that minimize or mitigate the effects of the emergency; and
      (7)   Order such other measures as are imminently necessary for the protection of life or property, or for the recovery from emergency.
   (B)   All orders issued under this section shall have the full force and effect of law during the declared state of emergency. All existing laws, ordinances, rules, and regulations inconsistent with this chapter shall be inoperative during this period of time and to the extent that such inconsistencies exist.
(Ord. 07-2006, passed 7-10-2006)
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