(A) Emergency authority of City Manager. The City Manager may exercise the emergency power and authority necessary to fulfill the general powers and duties of the position.
(B) Emergency declaration. When in the judgment of the City Manager it is necessary to invoke the emergency powers provided herein, concurrence of the Mayor should be immediately sought, who shall make the decision whether to declare an emergency.
(1) If the Mayor is not available, the decision shall be made by the Vice-Mayor; if that individual is not available, the decision shall be made by the senior council member available.
(2) In the event the Mayor and City Council are not available to act, then the City Manager shall be the sole authority necessary to invoke the powers provided herein.
(3) In the absence of the City Manager as the final judge of an emergency declaration, the emergency management director shall make the determination.
(4) Whether the Mayor, the Vice-Mayor, a Councilmember, the City Manager or the Director declares an emergency, such action shall not be construed as abridging or curtailing the powers or restrictions of the Mayor and City Council as defined in state statutes and ordinances of the city. Thereafter the Mayor and City Council may convene to perform their legislative and administrative powers and shall receive reports relative to emergency management activities.
(C) Emergency regulations. During any period when disaster threatens or when the city has been affected by disaster or major emergency, within the definition of this chapter, the City Manager may promulgate such regulations as deemed necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following:
(1) Regulations prohibiting or restricting the movement of vehicles to facilitate the work of emergency management forces or the mass movement of persons from critical areas within or without the city.
(2) Regulations pertaining to the movement of persons to and/or from areas deemed to be hazardous or vulnerable to disaster.
(3) Regulations restricting the movement of persons upon the streets at particular times of days and in particular areas.
(4) Such other regulations necessary to preserve public peace, health and safety.
(5) Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and disseminated by newspaper, television, radio and other available means of communications with the public. These regulations will have the force of ordinance when duly filed with the City Clerk and violations will be subject to the penalties provided in this chapter.
(D) Emergency management forces. Whenever the City Manager finds that any condition in the city has attained, or threatens to attain, the proportions of a disaster or emergency, he or she may assemble and utilize emergency management forces and may prescribe the manner and conditions of their use.
(E) Requesting mutual aid. When disaster or emergencies affect the city to the extent that conditions are beyond the control of local emergency management forces, the City Manager may request aid from other communities and the state.
(F) Rendering mutual aid. When requested, the City Manager may send emergency management forces to the aid of other communities affected by disaster or emergency.
(G) Emergency procurement. The City Manager may make emergency procurements in accordance with the purchasing policies when an emergency condition arises and the need cannot be met through normal procurement methods, as referenced by state statutes.
(H) Curfew. After proclamation of an emergency, the City Manager may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he or she deems advisable, and the curfew shall be applicable during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare. After the Mayor and City Council convene, such order is subject to their approval.
(I) Emergency prohibitions. After the proclamation of an emergency and in the interest of public safety and welfare, the City Manager may also make any or all emergency orders deemed necessary. These may include, without limitation, orders prohibiting the following:
(1) Any person being on the public streets, or in the public parks or at any other public place during the hours declared by the City Manager to be a period of curfew;
(2) The manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;
(3) The transporting, possessing or using of gasoline, kerosene or combustible, flammable explosive liquids or materials in a glass or uncapped container of any kind, except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(4) The sale, purchase or dispensing of alcoholic beverages;
(5) The sale, purchase or dispensing of other commodities or goods, as the City Manager reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
(6) The use of certain streets, highways or public ways by the public;
(7) The sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency unless such is otherwise legal under state law;
(8) Impersonation of a city official or emergency management volunteer;
(9) Unauthorized use of any insignia of the city;
(10) Unauthorized entry into any disaster area;
(11) Following an emergency or disaster vehicle, or purposely driving to any location on or near a roadway where a disaster or emergency area exists;
(12) Proceeding to or remaining at a disaster area for the purpose of being a bystander, spectator, sightseer, or souvenir hunter, or disturbing any material objects, equipment, or thing directly or indirectly relating to or pertaining to the disaster;
(13) Obstructing, hindering, or delaying any public official, shelter manager, or other authorized individual in the enforcement of any rules, regulations or executive orders issued pursuant to the authority contained in this chapter.
(14) Failing to obey rules, regulations or official orders within a shelter;
(15) Failing to obey any executive order issued under this chapter;
(16) Unauthorized use of, or tampering with, a siren or other device so as to simulate any alert or take-cover signal or the termination of an alert or take-cover signal; and
(17) Such other activities as the City Manager reasonably believes should be prohibited to help preserve and maintain life, health, property, or the public peace.
After the Mayor and City Council convene, all orders are subject to their approval.
(J) Emergency services and volunteers. The City Manager may require emergency services of any city officer or employees. If regular city forces are determined inadequate, the City Manager may request the services of such other available personnel as can be obtained, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, and city ordinances for regular city employees and other registered and identified emergency management and disaster workers and, upon demand, may receive appropriate compensation for their emergency employment.
(K) Acceptance of emergency management funds. The City Manager shall be empowered to accept any gifts, grants, and loans from the federal government, from the state, or from any person, entity, organization, firm, or corporation, as set out in various federal and state emergency management and disaster relief laws.
(L) Succession. In the event the City Manager is unable to assume emergency duties for any reason, the normal succession as designated in the emergency operations plan by the City Manager shall take effect. In the event those individuals are unable to assume the City Manager duties, the Mayor and City Council shall designate an acting City Manager.
(Ord. 947, passed 6-12-2023)