016-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043 ____
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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,
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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
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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
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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.
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Department/Division Heads
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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.
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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.
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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.
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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. ~
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" ..,~ 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
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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
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Mayor -Presiding Officer