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The following terms shall have the following meanings:
ABSENT: Not physically present or not able to be communicated with for twelve (12) hours. "Absent" does not include a person who can be communicated with via telephone, radio, or telecommunications.
ATTACK: A nuclear, conventional, biological, or chemical warfare action against the United States of America or this state.
CITY OFFICER: The elected and appointed officers of the city, including the members of the city council, council chair, council vice chair, mayor, chief administrative officer, fire chief, police chief, city attorney, and department directors. It shall also include those officers of the city vested by statute or ordinance with certain powers and duties that may be required in the event of an emergency, including, but not limited to, the city recorder, the city treasurer, the city engineer, the finance officer, the purchasing agent, and the building official.
DISASTER: A situation causing, or threatening to cause, widespread damage, social disruption, or injury or loss of life or property resulting from attack, internal disturbance, natural phenomenon, or technological hazard.
EMERGENCY INTERIM SUCCESSOR: A person designated under this chapter to exercise the powers and discharge the duties of a city office when the person legally exercising the powers and duties of such office is unavailable.
INTERNAL DISTURBANCE: A riot, prison break, disruptive terrorism, or strike.
NATURAL PHENOMENON: Any earthquake, tornado, storm, flood, landslide, avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
PLACE OF GOVERNANCE: The physical location where the powers of an office are being exercised.
SEAT OF GOVERNMENT: The Ogden City municipal building.
TECHNOLOGICAL HAZARD: Any hazardous materials accident, mine accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
UNAVAILABLE: Absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
A. Notwithstanding any provision of this code to the contrary, a "local emergency" may be declared by the mayor if the mayor finds a disaster has occurred or the occurrence or threat of disaster is imminent. It shall not be continued or renewed for a period in excess of thirty (30) days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a "local emergency" shall be filed promptly with the city recorder.
B. A declaration of a "local emergency" is official recognition that a disaster situation exists within the city and provides a legal basis for requesting and obtaining county, state or federal government disaster assistance. The declaration activates the response and recovery aspects of the emergency operations plan and authorizes the furnishing of aid and assistance pursuant thereto.
C. A "local emergency" proclamation issued under this chapter shall state:
1. The nature of the "local emergency";
2. The area or areas threatened; and
3. The conditions which caused the emergency.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
A. In addition to any other powers provided by state law or the provisions of this code, the mayor during a declared local emergency is authorized and empowered to exercise, with the assistance of the emergency program manager and in consultation with the city attorney, all emergency powers, including, but not limited to, all of the following:
1. The power to direct emergency response activities by city departments including, but not limited to, the police and fire departments, and by such emergency services personnel as the mayor may designate or appoint.
2. The power to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the city, upon following the procedures of section 12-15-9 of this chapter.
3. The power to purchase or lease goods and services that the mayor deems necessary to the city's emergency response or for the repair of city facilities, or both, upon following the procedures of section 12-15-9 of this chapter.
4. The power to lease real property, or structures, or both, that the mayor deems necessary for the continued operation of city government.
5. The power to promulgate rules and orders to implement and clarify the mayoral proclamation exercising emergency power.
6. The power to delegate any or all of these duties to the chief administrative officer.
B. All orders, rules, and regulations promulgated by the mayor, not in conflict with existing laws except as specifically provided herein, shall have the full force and effect of law during the local emergency, when filed in the office of the city recorder.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
The violation of a proclamation declaring a local emergency, a subsequent proclamation exercising emergency powers, a rule, or order, which proclamation, rule or order is issued pursuant to the provisions of section 12-15-4 of this chapter, or the violation of any order or directive given by emergency services personnel pursuant to authority resulting from section 12-15-4 of this chapter, is a class B misdemeanor and punishable as provided in title 1, chapter 4 of this code.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
The mayor shall designate an officer of the city to serve as the city's emergency program manager. If no such designation has otherwise been made, the Ogden City fire chief shall serve as the emergency program manager.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
The emergency program manager shall, under the direction of the mayor, and with the assistance of all city officers, departments and divisions, prepare and maintain an emergency operations plan for the city and recommend to the mayor and city council mutual aid plans and interlocal agreements which are deemed essential for the plan. The emergency program manager shall make or recommend continuing studies of the need for revisions and improvements in such plans. The emergency program manager shall provide a copy of the plan, and any amendments thereto, to the city council, and, by October 31 of each year, brief the city council on the plan and any revisions or improvements made thereto.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
In addition to the duties prescribed in section 12-15-7 of this chapter, the emergency program manager shall:
A. Request the mayor when appropriate to declare a local emergency as provided in section 12-15-3 of this chapter.
B. Assist the mayor, or the mayor's designee, in the exercise of emergency powers under section 12-15-4 of this chapter.
C. Consult with the city attorney in the planning and exercise of emergency powers.
D. Marshal, after the declaration of a local emergency, all necessary personnel, equipment and supplies from any department of the city to aid in carrying out the emergency operations plan.
E. Act in coordination with the state, the county and other governmental agencies as may be necessary to plan and implement joint jurisdictional emergency planning and disaster services, and the development of mutual aid arrangements.
F. Plan and direct emergency training activities.
G. Maintain a liaison with other municipal, state, county, regional and federal disaster services agencies.
H. Assume other emergency responsibilities as assigned by the mayor.
(Ord. 2001-65, 11-20-2001, eff. 12-9-2001)
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