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HomeMy WebLinkAbout016-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ____ ~.. 16-98 ______________ 19 Ordinance No_________________________ Passed_ AN ORDINANCE ASSIGNING THE RESPONSIBILITY FOR EMERGENCY MANAGEMENT FOR THE CITY OF DUBLIN, OHIO REPEALING THE EXISTING CHAPTER 36 OF THE CITY OF DUBLIN CODIFIED ORDINANCES AND ADOPTING A NEW CHAPTER 36, AND DECLARING AN EMERGENCY WHEREAS, it is the will of this Council to assign responsibility for Emergency Management for the City of Dublin to mitigate, prepaze for, respond to, and recover from man-made, technological, and natural emergencies or disasters; and WHEREAS, assigning responsibility with definitions of scope and organization will promote complete and efficient utilization of all the City's resources before, during, and after such an emergency or disaster; and WHEREAS, such an effort will minimize the effects of a emergency or disaster upon the City's immediate and surrounding population; and WHEREAS, the City of Dublin will redefine its organizational approach from a philosophy of Civil Prepazedness to that of the Comprehensive Phases of Emergency Management and the Integrated Emergency Management System, realigning its philosophy with that of the Federal Emergency Management Agency, Ohio Emergency Management Agency, and the Franklin County Emergency Management Agency, in order to provide more effective intergovernmental relations and response to emergency or disaster situations. NO ,THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1 This Ordinance shall be known and may be cited and referred to as the "Emergency Management Ordinance of the City of Dublin." Section 2. Intent and Purpose It is the intent and purpose of this Ordinance to assign responsibility to ensure the complete and efficient utilization of all of the City's resources to cope with a disaster, whether it be man-made, technological, or natural. 2. The City of Dublin, Office of the City Manager, will be the overseeing agency for all activity in connection with emergency management. Dublin's approach to emergency management will incorporate the principals of the Integrated Emergency Management System and the four phases of Comprehensive Emergency Management. The City Manager may exercise the authority and dischazge the responsibilities vested in him by appropriate statutes of the Ohio Revised Code, Public Acts of the United States Code Annotated, Section 5.04 of the Revised City Charter, and this Ordinance. This Ordinance will not relieve any City Department/Division of the moral responsibilities or authority given to it in the Revised City Charter, City ordinance, or Administrative Orders of the City Manager, nor will it adversely affect the work of any private individual or organization giving volunteer service for relief in disasters and/or emergencies. Section 3. Definitions 1. The following definitions shall apply in the interpretations of this Article: A. Disaster. An occurrence of a severity and magnitude resulting in deaths, injuries, RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 II Page 2 Ordinance No._______.__-- Pnssed____ -------------19__ ___-- and/or property damage that cannot be managed through the routine procedures and resources of this local government. A disaster usually develops suddenly and unexpectedly and requires immediate, coordinated, and effective response by multiple government agencies and private sector or volunteer organizations to meet human needs and insure speedy recovery. B. Emergency. An occurrence/situation requiring the immediate response of local resources to resolve the occurrence/situation or to prepare for a potentiaUpending disastrous occurrence/situation. Examples of emergency occurrences/situations include, but are not limited to, an accident involving hazardous materials which threatens to endanger the nearby population, or the period of time prior to the onset of a severe storm such as a blizzard. C. Emergency Management. Refers to programs and capabilities designed to mitigate, prepare for, respond to, and recover from the effects of all man-made, technological, and natural hazards. It should be noted that the term "civil defense" contained in the Federal Civil Defense Act of 1950, as amended, was redefined to include natural and man-made disaster activities. It is likely, however, that the past connotation of the term "civil defense" as being limited to enemy attack activities and will linger in usage despite its redefinition in the Act. To avoid confusion, the term "waz related" will be used when referring specifically to enemy war activities and capabilities. D. Emergency,Management Director. Shall be the City Manager who has the primary day-to-day responsibility for emergency management programs and activities in the City. The role is one of coordinating all aspects of a jurisdiction's mitigation, preparedness, response, and recovery capabilities and activities. Equally, the Emergency Management Director is a vital part of our country's national preparedness system. He/she is the local connection to a nationwide direction, control, and warning system available for use in all types of emergencies. E. Resources. Shall mean the employees, volunteers, equipment, and facilities of the City, as well as County, State, Federal, and private agencies and organizations supporting emergency response and recovery operations. F. Volunteer. Shall mean any person duly registered, identified and appointed by the Emergency Management Director and assigned to participate in emergency mitigation, prepazedness, response, and recovery activities without remuneration. Section 4. Organization and Appointment The City Manager is hereby authorized and directed to create an organization for emergency management utilizing to the fullest extent the resources of this City. The City Manager, as executive head of the municipal government and as the Emergency Management Director shall be responsible for directing emergency response activities and the provision of needed resources before, during, and after a disaster. 2. The organization shall consist of the following: A. The City Manager shall serve as executive head of Emergency Management who shall be known as the Emergency Management Director. The Director may appoint one or more Emergency Management Coordinators and such assistants and other employees as aze deemed necessary for the proper functioning and goal attainment of the organization. B. City, County, State, Federal and private volunteer resources may be utilized in the mitigation, prepazedness, response and recovery phases of emergency management RECORD OF ORDINANCES Davton Leeal Blank Co. _ Form No. 30043 Page 3 Ordinance No. _____________ Passed________ 19 under the personal direction of the Emergency Management Director. During response and recovery operations, duties assigned to City Departments/Divisions may differ from normal duties, but they will be utilized according to their technical proficiency and general knowledge with full consideration for their safety. The Emergency Management Director and his/her alternate is required to be well versed and trained in the mitigation, preparedness, response and recovery operations involving many different public and private agencies which will provide assistance to the City of Dublin before, during, and after a disaster. 4. The Emergency Management Director shall designate and appoint Deputy Directors to assume the emergency duties of the Director in the event of his/her absence or inability to act. (This designation to be compatible with the provisions of Section 5.03 of the Revised City Charter. The intent being that there will always and at all times be a City Manager/Emergency Management Director in charge in the City.) Section 5. Emergency Powers and Duties City Council The City Council may convene to perform its legislative powers as the disaster situation demands; shall receive reports relative to all phases of emergency management activities; and may declare an end to the emergency period. Nothing in this Ordinance shall be construed as abridging or curtailing the powers or restrictions of the City Council as defined in the Revised City Charter or as creating any provision which would be in conflict with the Revised City Charter. 2. The Citv Manager A. As Emergency Management Director may exercise the emergency power and authority necessary to fulfill his general powers and duties as defined in Section 5.04 of the Revised City Charter. The judgement of the Emergency Management Director shall be the sole criteria necessary to invoke emergency powers provided in the Revised City Charter, the Codified Ordinances and other appropriate authorities, and to declare an emergency period. B. During any period when disaster threatens or when the City has been struck by disaster, within the definition of this Ordinance, the City Manager may promulgate such regulations as he deems 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 in order to facilitate the emergency work forces, or to facilitate the mass movement of persons from critical areas within or without the City. (2) Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. (3) Such other regulations necessary to preserve public peace, health and safety. (4) Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and circulated by all available means, such as TV, radio, postings, local warning system, etc. These regulations will have the force of ordinance when duly filed with the RECORD OF ORDINANCES Davton Legal Blank Co. Form No. 30043 II Page 4 Ordinance No._____________-_---.-- -Passed _ .-,---;--19_ _ -- C. The Emergency Management Director shall direct resources to the aid of other communities when required in accordance with the statutes of the State, and he/she may request the County, State, or a local subdivision of the State to send aid to the City of Dublin in case of disaster when resources of the City are no longer adequate to cope with the disaster. D. The Emergency Management Director may, during response and recovery operations, obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life, and property of the people, and bind the City for the fair value thereof. E. The Emergency Management Director may require emergency services of any City officers or employees. If regular City resources are determined to be inadequate, the Director may require the services of such other personnel as he 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, the Revised City Charter and Ordinances for regular City employees and other registered and identified emergency and disaster workers and when deemed necessary may receive appropriate compensation for their emergency employment. F. The Emergency Management Director will cause to be prepared, at a minimum, an Emergency Operations Plan herein referred to and to exercise his ordinary powers as City Manager in addition to any special powers conferred upon him by this Ordinance. G. Some of the duties ascribed to the Director in this Section may ordinarily be handled as a matter of routine by the Emergency Management Coordinator, but the responsibility and authority stem from and remain with the Director. 2. Emergenc~Management Coordinator A. The Emergency Management Director, by Administrative Order, shall appoint the Emergency Management Coordinator for the City. B. The development and maintenance of an Emergency Preparedness Manual which will consist of an explanation of all concepts of the (1) Local Emergency Operations Plan, and (2) Emergency Operations Center, Standard Operating Guideline. C. The development and maintenance of a listing of resources which may be accessed for emergency needs. It will consist of, at a minimum, (1) mutual-aid agreements (2) inter-governmental resources and (3) private resources. ~,,,,,, D. Educate City employees and other governmental and private agencies to the responsibilities of emergency management and concept of operations for emergency mitigation, preparedness, response, and recovery. E. Exercise plans for the purpose of training and evaluation so that plans may be reassessed and revised as needed. F. Ensure the proper installation, maintenance, testing, and overall effective operation of the Outdoor Early Warning System. Ensure the public understands the use of and procedures associated with this system. Any misuse of the Outdoor Early Warning System for anything other than its intended purpose will be subject to Section 9, Penalty, of this Ordinance. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Page 5 Ordinance No.______.--------------.-- Passed --19_- -- ~ Department/Division Heads 3 Each Department/Division Director assigned responsibility in the Emergency Operations Plan shall be responsible for carrying out duties and functions assigned therein. Duties will include the organization and training of assigned City employees and volunteers. Each Department/Division Director shall formulate the operational Plan for his/her Department/Division which, when approved by the Emergency Management Director, shall be integrated into the Local Emergency Operations Plan by the Emergency Management Coordinator. Outside Assistance 4. When a required competency, skill or resource for a disaster function is not available within the City Government, the Director is authorized to seek assistance from persons outside of City government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. Such services from persons outside of City government may be accepted by the City on a volunteer basis. Such citizens shall be enrolled as emergency volunteers in cooperation with the Directors of City Departments/Divisions affected. Section 6. Local Emergency Operations Plan A Local Emergency Operations Plan shall be developed and maintained by the Emergency Management Director. It shall be the intent of this Plan that the services, equipment, facilities, and personnel of all existing departments and divisions shall be utilized to the fullest extent. It shall be the duty of all municipal departments and divisions to maintain the portion of the Plan for which they are responsible, in a current state of readiness at all times. The Local Emergency Operations Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster, as defined in this Chapter, has been proclaimed. 2. The Local Emergency Operations Plan shall be formatted in accordance with FEMA or State guidelines, to the extent possible, and shall be coordinated with the Franklin County Emergency Management Agency's Emergency Operations Plan. 3. The Local Emergency Operations Plan shall include a hazard analysis, which is analysis of potential hazards to determine the probable impact each of those hazards could have on people and property of the City. 4. The Local Emergency Operations Plan shall incorporate the following four phases of comprehensive emergency management: A. NTitigation: Actions to be taken to eliminate or reduce the degree of long-term risk to human life and property from natural, man-made and technological hazards. '~ B. Preparedness: Actions taken in advance of a disaster to develop operational capabilities and facilitate an effective response in the event a disaster occurs. C. Response: Actions taken immediately before, during or directly after a disaster occurs, to save lives, m;nim~e damage to property, and enhance the effectiveness of recovery. D. Recovery: Activity to return vital life support systems ro minimum operating standards and long-term activity designed to return life to normal or improved levels. s.. ~ . ~~-........,....~ ._ _ _ __ ~.,t_,..,. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Page 6 Ordinance No.-------------- Passed - ----------------19-------- 5. The Local Emergency Operations Plan shall be a true operations Plan that provides organization, assigns responsibilities, outlines direction and control, and identifies resources that allow the city to respond to a disaster. """ 6. The Local Emergency Operations Plan shall prescribe those positions within the disaster organization, for which lines of succession are necessary. In each instance, the responsible ~..+ person will designate and keep on file with the Emergency Management Coordinator a current list of persons as successors to his/her position. The list will be in order of succession and will, as nearly as possible, designate persons best capable of carrying out all assigned duties and functions. i 7. Amendments to the Local Emergency Operations Plan shall be submitted to the ~ Emergency Management Coordinator. Such amendments must have the final approval of the Emergency Management Director for integration into the Plan. Such amendments shall take effect immediately from the date of approval by the Emergency Management Director. I Section 7. No Municipal or Private Liability 1. This Ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health and safety, and neither the City nor agents and representatives of said City, or any individual, receiver, firm, partnership, corporation, association or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with an order, rule or regulation promulgated pursuant to the i provisions of this Ordinance, shall be liable for any damage sustained to persons or "'° property as the result of said activity. ~ i " ..,~ 2. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the City the right to inspect, designate and use the whole or ~ any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attacks shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person. Section 8. Violation of Regulations It shall be unlawful for any person to violate any of the provisions of this Ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Emergency Management Organization as herein defined in the enforcement of the provisions of this Ordinance or any regulation or Plan issued thereunder. i Section 9. Penalty ~ 'f Conviction of a violation of any provision of this Ordinance or any rule or regulation promulgated '~ thereunder by any person, firm or corporation shall be punished as a misdemeanor of the third degree. ' ~.~. Section 10. Severability Should any provision of this Ordinance be declared invalid for any reason, such declaration shall not affect the validity of other provisions, or of this Ordinance as a whole, it being the legislative ~ intent that the provisions of this Ordinance shall be severable and remain valid notwithstanding ~ such declarations. Section 11. Conflicting Ordinances, Orders, Rules and Regulations Suspended i RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Page 7 Ordinance No.------- - - ------ - Passed------- -- -- ---------- ------ -- -- --------19------.. At all times when the orders, rules and regulations made and promulgated pursuant to this Article shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter maybe inconsistent therewith. Section 12. This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, morals and welfare of the citizens of the City of Dublin, Ohio; and, for the further reason that a "disaster" policy be put into effect as soon as possible, this Ordinance shall take effect immediately upon its adoption. Passed this ~•~, day of 1998. ATTEST: Clerk of Council ~,.. Mayor -Presiding Officer