(A) At the meeting convened under § 35.08(B), the Common Council may exercise any of their normal legislative powers to the extent related to the emergency and necessary to deal therewith. In addition, however, they may also exercise any of the following special and extraordinary powers.
(1) The Council may extend the period of a state of emergency declared by the principal executive officer, pursuant to § 35.08(A), to last more than seven days if necessary.
(2) The Council may terminate the state of emergency, except for a state of emergency proclaimed by the Governor or County Commissioners.
(3) The Council may order the activation and implementation of the city’s comprehensive emergency management and disaster control plan that has been adopted pursuant to this chapter or several component parts thereof as maybe relevant to the emergency.
(4) The Council may assemble and utilize emergency management forces, including personnel of the Department of Civil Defense and Emergency Management, participating emergency services and any other forces at the disposal of the Council hereunder for emergency management purposes.
(5) The Council may order volunteer forces to the aid of the county, state or political subdivisions thereof as soon as practicable. Those volunteer forces will be under the direction of the Department of Civil Defense and Emergency Management.
(6) The Council may, to the extent permitted by I.C. 10-4-1-25 and subject to its provisions, command services from and/or requisition the use of equipment, facilities, supplies or other property belonging to other organizations, corporations or private persons as necessary to control the emergency and protect and provide for the public safety and welfare.
(7) The Council may order the evacuation of all or part of the population from stricken areas of the city and prescribe routes, modes of transportation and destinations for the evacuation.
(8) The Council may make provision for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations and the like, which would govern the use and location of premises for housing purposes during normal times.
(9) The Council may suspend, for the duration of the state of emergency, or for a lesser period as they determine, any provisions of or procedures prescribed by ordinances of the city if they would be impractical during the emergency, would interfere with the implementation and carrying out of emergency plans or would be inimical to actions necessary to protect the public safety and welfare; provided, however, that except in accordance with division (A)(10) below, the Council may not suspend any provisions of ordinances or procedures which are managed by statute.
(10) In the event of a state of emergency has been proclaimed by the Governor or County Commissioners, the Council may also in accordance with I.C. 10-4-1 waive any procedures or requirements of statute or of city ordinances reflecting statutory requirements and mandates, and pertaining to the appropriation and expenditure of public funds, the incurrence of obligations, the performance of public works, the entering into contracts, the employment of permanent or temporary workers or utilization of volunteer workers, the rental of equipment or the purchase and distribution of supplies, materials and facilities.
(11) The Council may assign special emergency duties and functions to any city offices, departments, agencies, irrespective of their usual duties and functions, and any unexpended and unencumbered monies budgeted and appropriated for the operation of the offices, departments and agencies and not otherwise dedicated by law to different and specified purposes may, within the scope of each major budget and appropriation category (major object classification), be utilized and expended for the purpose of carrying out the special emergency duties and functions.
(12) (a) The Council may make and promulgate emergency regulations as may be deemed necessary to protect life and property, preserve order, conserve critical resources or implement and carry out the provisions of the city’s, county's or state's disaster plans, including, but not limited to the power to order the roads closed, establish curfews, close business or any action that they deem necessary to save lives and recover from a declared emergency.
(b) This power also includes the power to supplement, modify or suspend any general contingency regulations which may have been incorporated as part of the city's previously adopted emergency operations plan. Any emergency regulations adopted under this division shall not be effective until promulgated, which promulgation shall be by written filing in the office of the Clerk-Treasurer of the city, as required by I.C. 10-4-1; provided, however, that should the filing be impossible because of the emergency situation, the regulations shall be effective and enforceable notwithstanding.
(c) The regulation shall have the full force of law and shall be enforceable by any police officer in accordance with I.C. 10-4-1.
(13) The Council may request the county, state or the United States or their agencies and political subdivisions to send aid, including financing assistance, if the situation is beyond the control of the regular and emergency city forces and resources.
(B) All actions and regulations under this section may be by executive order and need not be made or adopted hereby, but shall be consistent with and subordinate to any actions, orders or regulations made by the Governor or a state agency implementing state emergency operations plans.
(`90 Code, § 8.46.110) (Ord. 90-38, passed - -)