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OFFICE OF EMERGENCY MANAGEMENT
Sections:
1.27.010 Intent and purpose.
1.27.020 Definitions.
1.27.030 Organization and appointments.
1.27.040 Duties and responsibilities.
1.27.050 Emergency plan and management system.
1.27.060 Procedures.
1.27.070 Disaster and emergency response powers
1.27.071 Enforcement of orders.
1.27.072 Authority to enter a property.
1.27.073 Location of governing body meetings and departments.
1.27.074 Mutual aid agreements.
1.27.075 Access to Reserve funds.
1.27.076 Report to City Council.
1.27.080 Compensation.
1.27.090 Conflicting ordinances, orders, rules and regulations
suspended.
1.27.100 Applicability of state law in disaster situations.
1.27.110 Violation of regulations.
1.27.120 Penalty.
1.27.130 Liability.
1.27.010 Intent and purpose.
It is the intent of The City of Lakewood City Council to establish and maintain
the disaster agency and services referred to in appropriate sections of the
Colorado Disaster Emergency Act of 1992, part 21 of article 32 of title 24,
C.R.S. 1992, as amended. It is the intent of this Chapter to establish an Office
of Emergency Management as the coordinating agency for all disaster or extraordinary
emergency events. This Chapter is the instrument through which the City Manager
may exercise his authority and discharge the responsibilities vested in him
by the City Charter and local ordinances. This Chapter shall not relieve any
City department of its official responsibilities or authority given to it in
the City Charter or by ordinance, nor shall it adversely affect the work of
any volunteer agency for relief in a disaster or other emergency. (Ord. O-2002-9
§ 1, 2002).
1.27.020 Definitions.
The following words and phrases shall have the following meanings for purposes of this Chapter 1.27:
A. “City Manager” means the City Manager of the City of Lakewood or that person’s designee.
B. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property affecting the City of Lakewood, resulting from any natural cause or cause of human origin, including but not limited to fire, flood, earthquake, wind, storm, wave action, hazardous substance incident, oil spill or other water contamination requiring emergency action to avert danger or damage, volcanic activity, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, act of terrorism, hostile military or paramilitary action, or a condition of riot, insurrection, or invasion. (Ord. O-2009-6 §1,2009);Ord.O-2002-9§1,2002).
1.27.030 Organization and appointments.
The City Manager is hereby authorized and directed to establish an organization
for managing disasters and extraordinary emergency events utilizing to the fullest
extent the services and resources of existing departments within the City. An
Emergency Manager shall be appointed by the City Manager to ensure appropriate
planning, management and coordination in all phases of emergency management
including mitigation, preparedness, response and recovery. (Ord. O-2002-9 §
1, 2002).
1.27.040 Duties and responsibilities.
The Office of Emergency Management shall be under the supervision of the Director
of the Department of Public Works. Said office shall be responsible for preparing
and keeping current a comprehensive disaster plan delineating measures to be
implemented by the City before, during and after a disaster or extraordinary
emergency event. An emergency management system, including both incident support
and incident management functions, shall be developed and tested to assure capability
of managing natural, technological and manmade disasters and extraordinary emergency
events. (Ord. O-2002-9 § 1, 2002).
1.27.050 Emergency plan and management system.
An Emergency Plan shall be developed and maintained by the Office of Emergency
Management subject to approval of the City Manager. The plan will identify department
responsibilities, including requirements for maintenance of specific facility
and department emergency procedures and critical resource information, in a
current state of readiness at all times. It shall be the responsibility of all
City departments to perform functions assigned within the plan using Incident
Command System (ICS) management principles as defined in the Lakewood Emergency
Plan and Management System. (Ord. O-2002-9 § 1, 2002).
1.27.060 Procedures.
A. Proclamation: The City Manager shall have the power to declare by proclamation that a state of disaster exists. The proclamation of disaster shall be in writing and shall describe the nature of the disaster, the area threatened and the conditions which have brought it about. The City Manager shall ensure proper publication and dissemination of the proclamation and other information to the public. The City Manager shall file the proclamation with the City Clerk and City Council and forward a copy to the Colorado Division of Emergency Management, Department of Local Affairs or any successor agency.
B. Succession of Authority: If the City Manager is unavailable, the Director of the Mayor and City Manager’s Office, and if unavailable followed in order by the Chief of Police and then the Public Works Director shall have the same authority as is granted to the City Manager herein.
C. Effect of Proclamation: The issuance of a proclamation declaring a state of disaster shall automatically empower the City Manager to exercise any and all of the disaster and emergency powers and shall activate all relevant portions of the Emergency Plan and Management System
D. Duration:
1. A state of disaster shall remain in effect until the City Manager declares by Proclamation
that the threat of danger has passed or that the disaster conditions no longer exist. However, a state of disaster shall not be continued or renewed for a period in excess of seven (7) days unless a majority of the City Council members present, at a duly posted meeting when possible, approves a longer duration. This approval may be conveyed electronically, telephonically, or by facsimile if necessary
2. Any Proclamation continuing or terminating a state of disaster or emergency shall be filed with the City Clerk and the City Council and a copy shall be forwarded to the Colorado Division of Emergency Management.
E. The Emergency Plan and Management System shall be activated upon issuance of a Proclamation that a state of disaster exists or by order of the City Manager.
F. In the event it is not reasonably possible to meet formally, the City Council may act without being in a formal meeting. In such an event, the City Manager shall poll individual Council members electronically, telephonically, by facsimile or by other methods. (Ord. O-2009-6 § 2, 2009; Ord. O-2002-9 § 1, 2002).
1.27.070 Disaster and emergency response powers.
A. During the existence of a state of disaster, the City Manager may promulgate such regulations as he/she deems necessary to protect life and property and preserve critical resources. These regulations shall be given widespread circulation and shall be disseminated to newspapers, radio and television media. These regulations may include, but shall not be limited to, powers granted by applicable state law.
B. During a state of disaster, the City Manager may exercise any and all powers granted by applicable state law and shall have the following powers to mitigate, respond to or recover from a disaster or its effects, including, but not limited to:
1. an order establishing a curfew during such hours of the days or nights and affecting such categories of persons as may be designated;
2. an order to direct and compel the evacuation of all or a part of the population from any stricken or threatened areas within the City if the City Manager deems this action is necessary for the preservation of life, property or critical resources and to prescribe routes, modes of transportation and destination in connection with any evacuation;
3. an order controlling, restricting, allocating or regulating the use, sale, production or distribution of food, water, clothing, and other commodities, materials, goods, services and resources or requiring the continuation, termination, disconnection or suspension of natural gas, electric power, water, sewer or other public utilities;
4.
an order requiring the closing of businesses;
5. an order closing any streets, alleys, sidewalks, public parks, public ways, buildings or other public or private places and establishing and controlling routes of transportation ingress or egress;
6. subject to any applicable requirements for compensation, commandeer or use any private property if necessary to respond to or mitigate a disaster;
7. expend funds, authorize the obtaining and acquisition of property, equipment, services, supplies and materials without compliance with procurement regulations or procedures;
8. suspend or modify the provisions of any ordinance or waive compliance with procedures and formalities, including notices, as may be prescribed by law if compliance thereof would in any way prevent, hinder or delay necessary action in responding to or mitigating a disaster;
9. on behalf of the City, accept services, grants and loans, equipment, supplies, and materials whether from private, nonprofit or governmental sources;
10. temporarily suspend, limit, cancel, postpone, convene, schedule, or continue all meetings of the City Council, and any City committee, commission, board, authority or other City body as deemed appropriate by the City Manager and the Mayor and, if the Mayor is not available, then the Mayor Pro Tem and, if the Mayor Pro Tem is not available, then the City Council President;
11. if regular City forces are determined to be inadequate, then to acquire the services of such other personnel as are available, including citizen volunteers;
12. hire or contract for construction, engineering, architectural, building, electrical, plumbing, and/or other professional or construction services essential to continue the activities of the City without the advertising of bids or compliance with procurement requirements;
13. terminate or suspend any process, operation, machine, device or event that is or may negatively impact the health, safety and welfare of persons or property within the City;
14. delegate authority to such City officials and employees as the City Manager determines reasonably necessary or expedient; and
15. issue any and all other orders or undertake such other functions and activities as the City Manager reasonably believes is required to protect the health, safety, welfare of persons or property within the City or to otherwise preserve the public peace or abate, clean up, or mitigate the effects of a disaster.
(Ord. O-2009-6 § 3, 2009; Ord. O-2002-9 § 1, 2002).
1.27.071 Enforcement of orders.
A. The members of the police department and such other law enforcement and peace officers as may be authorized by the City Manager are further authorized and directed to enforce the orders, rules and regulations made or issued pursuant to this chapter.
B. During the period of a disaster proclamation a person shall not:
1. enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment; or
2. violate any of the orders or regulations duly issued by the City Manager or authorized personnel pursuant to the Chapter; or
3. willfully obstruct or interfere with any duly authorized City officer, employee or volunteer in the enforcement or exercise of the provisions of the chapter, or of the undertaking of any activity pursuant to this chapter. (Ord. O-2009-6 § 4, 2009).
1.27.072 Authority to enter a property.
During a state of disaster a City employee or agent authorized by the City Manager may enter onto private property if the employee or authorized agent has reasonable grounds to believe that there is an emergency and an immediate need for assistance for the protection of life or property, and that entering onto the private property will allow the person to take such steps to alleviate or minimize the emergency or disaster or to prevent or minimize danger to lives or property from the disaster. (Ord. O-2009-6 § 4, 2009).
1.27.073 Location of governing body meetings and departments.
A. Whenever a disaster makes it imprudent or significantly difficult to conduct the affairs of the City at its regular locations, the governing body may meet at any place, inside or outside the City limits. Any temporary meeting location for the governing body shall continue until a new location is established or until the governing body is able to return to its normal location.
B. Whenever a disaster makes it imprudent or significantly difficult to conduct the affairs of any department of the City at its regular location, such department may conduct its business at any place, inside or outside the City limits and may remain at the temporary location until the department is able to return to its normal location.
C. Any official act or meeting required to be performed at any regular location of the governing body or of its departments is valid when performed at any temporary location under this section.
D.
The provisions of this section shall apply to all executive, legislative and judicial branches, powers and functions conferred upon the City and its officers, employees, and authorized agents. (Ord. O-2009-6 § 4, 2009).
1.27.074 Mutual aid agreements.
During a state of disaster, the City Manager may, on behalf of the City, enter into reciprocal aid, mutual aid, joint powers agreements, intergovernmental assistance agreements or other compacts or plans with other entities as appropriate for the protection of life and property. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services, and any other topics relevant to planning and response to a disaster. (Ord. O-2009-6 § 4, 2009).
1.27.075 Access to Reserve funds.
In the event of a declared local disaster, the City Manager shall have immediate access to the City’s reserve funds and the emergency funds mandated by the Taxpayer’s Bill of Rights (TABOR) as set forth in Article X, Section 20, Subsection (5) entitled Emergency Reserves, of the Colorado Constitution. Funds utilized pursuant to this Chapter shall be replenished no later than the conclusion of the following fiscal year, contingent upon the availability of funds and the necessity of further funding for disaster response or mitigation. (Ord. O-2009-6 § 4, 2009).
1.27.076 Report to City Council.
At such time as a disaster proclamation shall be declared ended, the City Manager shall within a reasonably practicable time period submit a report to the City Council describing the nature of the disaster, the type of actions taken and funds expended pursuant to this Ordinance. (Ord.O-2009-6 § 4, 2009).
1.27.080 Compensation.
Any compensation for property commandeered or otherwise used in response to
a disaster or emergency shall be calculated as set forth in Colorado Disaster
Emergency Act of 1992. (Ord. O-2002-9 § 1, 2002).
1.27.090 Conflicting ordinances, orders, rules and regulations
suspended.
Any orders, rules and regulations promulgated during a proclaimed state of disaster
shall take precedence over existing ordinances, rules and regulations if a conflict
arises. (Ord. O-2002-9 § 1, 2002).
1.27.100 Applicability of state law in disaster situations.
The implementation of the provisions of this Chapter during a proclaimed state
of disaster shall be subject to applicable provisions of Title 24, Article 32,
of the Colorado Revised Statues, "Department of Local Affairs," as
amended. (Ord. O-2002-9 § 1, 2002).
1.27.110 Violation of regulations.
It shall be unlawful for any person to violate any of the provisions of this
Chapter or of the regulations or plans issued pursuant to the authority contained
in this Chapter, or to willfully obstruct, hinder or delay any person in the
exercise of any duty or authority pursuant to the provisions of this Chapter.
(Ord. O-2002-9 § 1, 2002).
1.27.120 Penalty.
Any person convicted of a violation of any section of this Chapter or of any
regulations or plans issued pursuant to the authority contained herein shall
be punished by a fine or by imprisonment or by both such fine and imprisonment
pursuant to the provisions in Chapter 1.16 of the Lakewood Municipal Code. (Ord.
O-2002-9 § 1, 2002).
1.27.130 Liability.
The officers, employees and agents of the City of Lakewood shall not be liable
for actions they undertake under the terms of the Colorado Disaster Emergency
Act of 1992 or this Ordinance. (Ord. O-2002-9 § 1, 2002).
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