A. The mayor of the city of Mitchell is authorized, if the mayor finds the city or any part thereof is suffering or is in imminent danger of suffering a natural or manmade disaster, civil or utility emergency, to declare a local disaster or emergency and take the following procedural actions including, but not limited to:
1. Suspend, limit, cancel, convene, reschedule, postpone, continue, or relocate all meetings of the city council, and any city committee, commission, board, authority, or other city body as deemed appropriate by the mayor.
2. Suspend or limit the sale, distribution, dispensing, or transportation of alcoholic beverages, explosives, and combustible products and require the closing of those businesses or parts of businesses insofar as the sale, distribution, dispensing, or transportation of these items are concerned.
3. Establish a curfew during such hours of the days or nights and affecting such categories of persons as may be designated.
4. Require the closing of business establishments.
5. Prohibit the sale or distribution within the city of any products which could be employed in a manner which would constitute a danger to public safety.
6. Close any and all streets, alleys, sidewalks, bike paths, public parks or public ways.
7. Temporarily suspend or modify, for not more than sixty (60) days, any regulation or ordinance of the city of Mitchell, including, but not limited to, those regarding health, safety, and zoning. This period may be extended upon approval of the city council.
8. Require the continuation, termination, disconnection, limitation, or suspension of natural gas, electrical power, water, sewer, or other public utilities or services.
9. Control, restrict, allocate, or regulate the use, sale, production, or distribution of food, water, fuel, clothing, and/or other commodities, materials, goods, services, and resources.
10. Suspend or limit burning of any items or property within the city limits and up to two (2) miles outside the corporate limits.
11. Require emergency services of any city officer or employee. If regular city forces are determined to be inadequate, then to acquire the services of such other personnel as the mayor can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law to other registered and identified disaster emergency workers.
12. Utilize all available resources of the city as reasonably necessary to manage the disaster or emergency.
13. Evacuate all or part of the population from any stricken or threatened areas within the city if the mayor deems this action is necessary for the preservation of life, property, or other disaster or emergency mitigation, response or recovery and to prescribe routes, modes of transportation and destination in connection with an evacuation.
14. Purchase or lease materials, supplies, or equipment during the local disaster or emergency, and to authorize any or all agencies or city officials to directly purchase or lease those materials, supplies, or equipment essential to continue the work of the city involved without the advertisement of bids. Purchases or leases exceeding the amount of fifteen thousand dollars ($15,000.00) shall require prior approval by the city finance officer.
15. Hire and/or contract for construction, engineering, architectural, building, electrical, plumbing, and/or other professional or construction services essential to the continuation of the activities of the city without the advertisement for bids or compliance with procurement requirements. Such contracts shall not exceed fifteen thousand dollars ($15,000.00) without prior approval having been given by the city finance officer.
16. Make application for local, state, or federal assistance.
17. Establish and control routes of transportation, ingress or egress.
18. Control ingress and egress from any designated disaster or emergency area or homes, buildings, structures, or areas located therein.
19. Subject to any requirements established by law for compensation, utilize private property as necessary to cope with emergency or disaster conditions.
20. Appropriate and expend funds, exclude contracts, authorize the obtaining and acquisition of property, equipment, services, supplies, and materials without strict compliance with procurement regulations or procedures.
21. Transfer the direction, personnel, or functions of city departments and agencies for the purpose of performing or facilitating emergency or disaster services.
22. Accept services, gifts, grants, loans, equipment, supplies, and/or materials whether from private, nonprofit, or governmental sources.
23. Order the isolation, quarantine, or segregation of persons or animals when reasonably necessary to prevent the introduction or transmission of infectious or contagious agents or toxins. Any such isolation or quarantine must be by the least restrictive means necessary to prevent the exposure, transmission, or spreading of a communicable, or potentially communicable, disease, agent, or toxin to others and may include, but is not limited to, confinement to private homes or other private or public premises.
24. Terminate or suspend any process, operation, machine, device, or event that is or may negatively impact the health, safety, and welfare of persons or property within the city of Mitchell.
25. Delegate authority to such city officials as the mayor determines reasonably necessary, convenient, or expedient.
26. Close or cancel the use of any municipally owned or operated building or other public facility.
27. Exercise such powers and functions in light of the exigencies of emergency or disaster including the waiving of compliance with any time consuming procedures and formalities, including notices, as may be prescribed by law.
28. Remove, demolish, abate, clean up, mitigate, decontaminate, or disinfect any structure, debris, wreckage, site, or location or to otherwise mitigate the effects of any emergency or disaster.
29. Issue any and all such orders or undertake such other functions and activities as the mayor reasonably believes is required or appropriate to protect the health, safety, and welfare of persons or property within the city of Mitchell.
B. The declaration shall be promptly filed with the city finance officer and the public shall be notified through general publicity of said declaration.
C. The declaration of a local disaster or emergency shall be in effect for a period of up to thirty (30) days. This period may be extended only upon approval of the city council.
D. If the mayor is unavailable, the president of the city council shall have said authority, followed by the vice president of the city council, and then followed by the most senior ranked member of the city council. (Ord. 2181, 11-7-2005; amd. Ord. O2021-14, 12-6-2021)