(A) Declaration by Mayor; assumption of duties of Mayor by other officer. Whenever a local disaster, as defined in § 36.01, exists, the Mayor shall declare its existence by means of a written declaration setting forth the facts which constitute the disaster and shall perform the duties and obligations of Mayor as prescribed in this chapter. In the absence of the Mayor, the president of the Council, or, if the Mayor and president of the Council are both unable to perform the duties of Mayor through either absence from the city or physical or mental disability for such a length of time or of a severity as would reasonably require someone other than the Mayor or president of the Council to perform the duties of the Mayor, then the member of the City Council presently physically and mentally able to perform the duties of Mayor prescribed in this chapter with the longest length of continuous service as a member of the City Council immediately preceding the existence of the disaster, shall declare its existence by means of a written declaration setting forth the facts which constitute the emergency and shall otherwise perform the duties and obligations of the Mayor prescribed in this chapter until the Mayor, President of the Council or a more senior member of the City Council returns to the community or becomes physically and mentally able to discharge the duties of Mayor prescribed in this chapter, at which time the person shall assume these duties and responsibilities.
(B) Powers of Mayor during disaster. After proclamation of the local disaster, the Mayor may, in the interest of public safety and welfare, expend city monies and issue such other orders as are immediately necessary for the protection of life and property.
(C) Effective period of declaration. The proclamation authorized in this section shall be effective for a period of 48 hours unless sooner terminated by proclamation of the Mayor indicating that the local disaster no longer exists. The Mayor shall have the power to reproclaim the existence of a local disaster at the end of each 48-hour period during the time the emergency exists. The Mayor may make no more than 2 consecutive proclamations after the initial proclamation without the consent of the City Council in regular or special session so convened.
(D) Public notice of declaration. Upon issuance of the proclamation authorized in this section, the Chief of Police shall notify local news media and shall cause 3 copies of the proclamation declaring the existence of the emergency to be posted at the following places within the city: the City Hall, the North Platte Public Library and the County Courthouse.
(E) Effect of declaration. The effect of a declaration of a local disaster is to activate the response and recovery aspect of any and all applicable local or interjurisdictional disaster emergency plans and authorize the furnishing of aid and assistance thereunder.
(Prior Code, § 16-2)
Statutory reference:
Authority to declare an emergency, see Neb. RS 81-829.50