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§ 35.07 PRE-DISASTER RESPONSIBILITIES OF DEPARTMENT.
   The Department of Civil Defense and Emergency Management's primary pre-disaster responsibility shall be the warning function, as prescribed in the warning plan, and emergency communications as prescribed in the communications plan for the entire city.
(`90 Code, § 8.46.070) (Ord. 90-38, passed - -)
§ 35.08 PRINCIPAL EXECUTIVE OFFICER; SPECIAL POWERS AND DUTIES.
   (A)   In the event of actual or threatened disaster affecting the city, the principal executive officer of the city may declare a local disaster emergency, pursuant to I.C. 10-4-1-23(a), for any period not to exceed seven days. The declaration shall be in writing and indicate the nature of the disaster and the conditions which have brought it about, and the area or areas threatened and to which the state of emergency applies, which may include the entire city or only designated parts thereof. The declaration shall be filed in the office of the Clerk-Treasurer of the city and shall be announced or disseminated to the general public by the best means available. However, the declaration is not invalid nor ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances. A declaration is not necessary if the Governor or County Commissioners, pursuant to I.C. 10-4-1, has already proclaimed a statewide, area-wide or countywide state of emergency, including the county.
(`90 Code, § 8.46.080)
   (B)   As soon as possible after a disaster emergency affecting the city is declared either by the Governor, County Commissioners or principal executive officer of the city, the principal executive officer of the city shall convene a meeting of the Common Council to perform their legislative and administrative functions, as the situation may demand. If the principal executive officer of the city fails or is unable to perform the above duty, the meeting shall be convened by a member of the Common Council. Any meeting of the Council shall automatically be deemed an emergency meeting subject only to the procedural provisions of law as govern emergency meetings of common councils, including relaxation of any applicable notice requirements, pursuant to I.C. 5-14-1.5-5(d), and may be held in any convenient and available place. The meeting shall continue without adjournment for the duration of the disaster emergency, but may be recessed for reasonable periods of time as necessary and permitted by the circumstances.
(`90 Code, § 8.46.090)
   (C)   In the event that a quorum of the Common Council cannot be assembled for purposes of the meeting required, the principal executive officer of the city shall be considered a plenipotentiary representative of the Council and shall have all powers and may take all actions of the full board under § 35.09 until the assemblage of a quorum is possible.
(`90 Code, § 8.46.100) (Ord. 90-38, passed - -)
§ 35.09 COMMON COUNCIL; SPECIAL POWERS AND DUTIES.
   (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 - -)
§ 35.10 DIRECTOR; SPECIAL POWERS AND DUTIES.
   (A)   It shall be the duty of the Director to make recommendations and advise the Common Council or the principal executive officer on any actions which it would be necessary or desirable to take under § 35.09 in the event of an emergency.
(`90 Code, § 8.46.120)
   (B)   In the event that an emergency clearly exists or is imminent within the city and a state of emergency has not been declared by the Governor or County Commissioners, nor is any person having the powers of the principal executive officer of the city present to declare an emergency, pursuant § 35.08(A), the Director may temporarily presume the existence of a state of emergency even though not officially declared and may, as his or her own judgment dictates, invoke, implement and carry out the provisions of the city's adopted comprehensive emergency management and disaster control plan as are necessary to cope with the emergency and protect the public safety and welfare, and shall be construed to leave all powers necessary and dispensable to doing so to the extent not specifically limited by statute or specifically limited herein, until such time as a principal executive officer becomes available. Assistance from the Department of Civil Defense and Emergency Management may be rendered without a declaration of an emergency in order to assist local emergency services in time of need.
(`90 Code, § 8.46.130) (Ord. 90-38, passed - -)
§ 35.11 CITY OFFICERS AND EMPLOYEES; GENERAL DUTIES.
   All officers and employees of the City shall cooperate with and give active support to the Mayor and Common Council and the City Civil Defense and Emergency Management Director in all emergency management operations and shall comply with all orders of the Mayor, Common Council and Civil Defense and Emergency Management Director issued pursuant to this chapter.
(`90 Code, § 8.46.140) (Ord. 90-38, passed - -)
§ 35.12 PRIORITY OF EMERGENCY ORDERS, RULES AND REGULATIONS.
   At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they supersede all existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent therewith.
(`90 Code, § 8.46.150) (Ord. 90-38, passed - -)
§ 35.13 NONCOMPLIANCE; OBSTRUCTION; PENALTIES AND ENFORCEMENT.
   (A)   Whenever this chapter applies, as provided in § 35.06, it shall be unlawful and a penal ordinance violation for any person to:
      (1)   Willfully obstruct, hinder or delay the Mayor, Common Council or the Director participating in emergency services, authorized emergency management volunteers or other authorities from implementing, carrying out and enforcing emergency plans and procedures;
      (2)   Fail to observe, abide by and comply with any emergency management duties, orders, regulations and procedures as made applicable to the person by the appropriate authorities; or
      (3)   Falsely wear or carry identification as a member of the City Department of Civil Defense and Emergency Management or to otherwise falsely identify or purport himself or herself to be a city emergency management authority.
   (B)   Any regular or reserve police officer of the state or any of its political subdivisions is hereby empowered to issue and serve a civil citation against any person found to be committing an offense described above. Any person who commits an offense, as described above, shall be liable to a fine; the fine to be subject, however, to the discretion of the court of jurisdiction.
(`90 Code, § 8.46.160) (Ord. 90-38, passed - -) Penalty, see § 10.99
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