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§ 16.05 LOCAL EMERGENCIES.
   (A)   A local emergency may be declared only by the Mayor or his or her legal successor. It shall not be continued for a period in excess of three days, except by or with the consent of the Council. Any order or proclamation declaring, continuing or terminating a local emergency shall be given prompt and general publicity, and shall be filed in the office of the City Administrator/Clerk-Treasurer.
   (B)   A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or interjurisdictional disaster plans, and may authorize aid and assistance thereunder.
   (C)   No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions.
   (D)   Every officer and agency of the city shall cooperate with the federal and state authority, and with authorized agencies engaged in emergency management, to the fullest extent possible consistent with the performance of their duties. The provisions of this chapter, and of all regulations made hereunder, shall be subject to all applicable and controlling provisions of federal and state laws and regulations, and orders issued hereunder, and shall be deemed to be suspended and inoperative so far as they may be in conflict therewith.
(Am. Ord. passed 11-13-2018)
§ 16.06 EMERGENCY REGULATIONS.
   (A)    Whenever necessary to meet a declared emergency or to prepare for an emergency for which adequate regulations have not been adopted by the City Council, the Council may, by resolution, promulgate regulations, consistent with applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance and safeguarding of essential public services, emergency health, fire and safety regulation, drills or practice periods required for preliminary training, and all other matters required to protect public safety, health and welfare in declared emergencies.
   (B)   Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the particular emergency to which it pertains, if so limited; and shall be filed in the office of the City Administrator, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of the regulation and its availability for inspection at the City Administrator’s office shall be conspicuously posted at the front of City Hall or other headquarters of the city, or at places in the affected area as the City Council shall designate in the resolution. By like resolution, the City Council may modify or rescind any regulation.
   (C)   The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date, or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the City Council shall be suspended during the period of time and to the extent the conflict exists.
   (D)   During a declared emergency, the city is, under the provisions of M.S. §12.37, as it may be amended from time to time, and notwithstanding any statutory or Charter provision to the contrary, empowered, through its Council, acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property, and providing emergency assistance to the victims of a disaster. The city may exercise these powers in the light of the exigencies of the disaster, without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to, publication of resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for bids.
(Am. Ord. passed 11-13-2018)
§ 16.07 EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION.
    All functions authorized and carried out hereunder, and all other activities relating to emergency management, are declared to be governmental functions. Except in cases of willful conduct, the city, its officers, agents and employees, while engaged in authorized emergency management activities, shall not be liable for an injury or death of any person or damage to property as a result of such activity. The provisions of this chapter shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, under the worker’s compensation law, or under any pension law, any loan, benefit or compensation resulting from an Act of Congress, the State of Minnesota or other governmental agency.
(Am. Ord. passed 11-13-2018)
§ 16.08 VIOLATIONS.
   Any person who violates any provision of this chapter, or a regulation adopted hereunder, relating to acts, omissions or conduct other than official acts of city officers, employees or volunteers is guilty of a misdemeanor.
(Ord. passed 11-13-2018)
§ 16.09 EFFECTIVE DATE.
    This chapter becomes effective upon its passage and publication according to law.
(Adopted 1-8-2002; Am. Ord. passed 11-13-2018)