CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA

ORDINANCE NO. 1853

AN ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA PROVIDING THAT THE CITY CODE BE AMENDED BY AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, DEPARTMENTS, DIVISIONS, ETC,

1853.01That language be deleted and added in Chapter 2, Administration, Article IV, Departments, Divisions, Etc., Division 11 - Emergency Management as follows:

DIVISION 11. EMERGENCY MANAGEMENT

Sec. 2-186. Policies and purposes.

Because of the possibility of the occurrence of disasters or unusual events of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in order to insure that the preparations of the City of Woodbury will be adequate to deal with such events, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this city, it is hereby found and declared to be necessary:

(1) To designate a city emergency management organization responsible for city planning and preparation for emergency government operations in time of emergencies, disasters, or unusual events.

(2) To provide for the exercise of necessary powers during emergencies, disasters, or unusual events.

(3) To provide for the rendering of mutual aid between this city and other political subdivisions of this state and of other states with respect to the carrying out of emergency preparedness functions.

(4) To comply with provisions of Minn. Stats. Ch. 12, § 12.25, which requires that each political subdivision of Minnesota shall establish a local organization for emergency management.

(5) To provide for the use of the National Incident Management System (NIMS) as a basis for incident management to be utilized by the City in the event of all emergencies, disasters and unusual events, including those outlined in the United State Public Law 99-499, the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), Emergency Planning and Community Right-To-Know and Homeland Security Presidential Directive 5 (HSPD 5)

Sec. 2-187. Definitions.

The following words, terms and phrases, when used in this organization, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Continuity of Operations (COOP) is defined as an effort within individual departments to ensure performance of minimum essential functions during a wide range of potential emergencies. This is accomplished through the development of contingency plans, comprehensive procedures and provisions for alternate facilities, personnel, resources interoperable communications systems, and vital records and databases.

Disaster means a situation that requires resources over and above those of the local jurisdiction and exceeds normal mitigation, planning, response and recovery capabilities. These situations may create an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. A situation that requires resources over and above those of the local jurisdiction and exceeds normal mitigation, planning, response and recovery capabilities.

Emergency means an unforeseen combination of circumstances which calls for an immediate response or action to prevent from developing or occurring.

Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps. These functions include, without limitation, fire-fighting services, police services, emergency medical services, engineering and public works services, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "civil defense" or "emergency preparedness" functions.

Emergency management director means the public safety director or his delegate who is responsible for the City emergency management program.

Emergency services commander means the person assigned by the director to ensure that the Emergency Operations Plan and Resource Manual is updated, the Emergency Operations Center is functional, the necessary city staff are trained, the outdoor warning sirens and other emergency notification systems are operations, NIMS requirements are sustained and carries out any other task delegated by the emergency management director pertained to emergency preparedness.

Emergency management forces means the total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this ordinance or any rule or order thereunder. This includes personnel from city departments, authorized volunteers, and private organizations and agencies.

Emergency management staff means the staff responsible for coordinating city-level planning, mitigations preparation, response, recovery, and continuity of operations from emergencies, disasters, catastrophic and/or unusual events. This organization provides city liaison and coordination with federal, state, county other local jurisdictions and private-sector organizations relative to emergency management disaster activities and assures implementation of federal and state program requirements.

Unusual event means any situation which may or may not be preplanned or anticipated, and creates unusual or increased demand on jurisdictional resources.

Sec. 2-188. Establishing emergency management staffing.

The director of public safety is designated as the emergency management director, hereinafter called the "director". The director of public safety may delegate emergency management responsibilities and functions to the emergency services commander or other city staff as deemed appropriate by the director. The director shall have direct responsibility for the organization, administration and operation of emergency management staff, subject to the direction and control of the city administrator in accordance with the policies established by the city council.

Sec. 2-189. Powers and duties of the director.

The director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the city to the maximum extent practicable. The personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the city emergency management organization and to the Governor upon request. The head of each department or agency in cooperation with the director shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of their assigned department or agency.

Sec. 2-189.1. Participation in labor dispute or politics.

Emergency management personnel shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute.

Sec. 2.189.2. Emergency Operations Center

Consistent with the emergency operations plan the City shall provide and equip facilities to serve as the emergency operations center and, if required by the state emergency management plan, an auxiliary emergency operations center to be used during a declared emergency as the City headquarters for direction and coordination of emergency management activities.

Sec. 2.189.3. Cooperation of city officials, agencies.

Every officer and agency of the city shall cooperate with federal, state and county authorities and with authorized agencies engaged in emergency measures to the fullest possible extent consistent with the performance of their own duties. The provisions of this chapter and all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issues thereunder, and shall be deemed to be suspended and inoperative so far as there is any conflict therewith.

Sec. 2-189.4. Authority at emergency scenes.

(a) The public safety director, or his/her designates, or the incident commander at the scene of an emergency involving the protection of public peace, health and safety, and to preserve lives, property and environment shall have the authority to direct such operations as may be necessary to limit or mitigate any and all such threats, or taking any other action necessary in the reasonable performance of duty. In the exercise of such power, the public safety director, or his/her designates, or the incident commander is authorized to prohibit any person, vehicle, vessel, aircraft, or thing from approaching an emergency scene and is authorized to remove or cause to be removed, towed, or kept away from the scene any person, vehicle, vessel, aircraft, or thing which may impede or interfere with the operations being conducted by the city.

(b) The public safety director, or his/her designates, or the incident commander at the scene of an emergency is authorized to place ropes, guards, barricades, or other obstructions across any street, highway, alley, place or on private property in the vicinity of such operations so as to prevent accidents or interference with the lawful efforts of the city to manage and/or control the situation.

(c) The public safety director, or his/her respective delegates, or incident commander designates shall have the authority to order the evacuation of affected areas. For the purpose of this subsection this is to include neighborhoods, homes, buildings, areas of a building or any areas, public or private, of any kind or nature upon he or his agent being informed of being reasonably satisfied that a public emergency situation exists wherein people's health, welfare and general well-being are endangered or are likely to be endangered if the area is not evacuated . The evacuation orders of the public safety director, or his/her respective designates or incident commander shall remain in effect for a reasonable period of time to permit proper authorities time to secure the safety of the area.

(d) It shall be a violation of this ordinance for any person to fail to comply with any reasonable order given by the public safety director, or his/her respective designates or incident commander when the public safety director, or his/her designates or incident commander is acting under the authority of subsection (a) of this section.

Sec. 2.189.5. Mutual Aid

(a) The head of each department of the city, or designee, in conjunction with the director, are authorized to respond to requests for mutual aid assistance in the form of city resources from any political subdivision within the state, agencies of the state, and federal agencies, for the assistance within the state, and non-profit emergency response or relief organizations, pursuant to Minn. Stats, Ch. 12, provided the operational needs of the city are not compromised and the city administrator or his respective designee is notified when city personnel and/or resources shall be committed to the mutual aid response in excess of 12 hours. The director, in consultation with the city administrator or acting city administrator, is authorized to respond to requests for mutual aid assistance in the form of city resources to governmental agencies outside of Minnesota and Western Wisconsin. The city administrator or acting city administrator shall report responses to areas outside of Minnesota to the city council within 48 hours.

(b) The director, or the head of each department, and city administrator are authorized to enter into mutual aid agreements, which allow for the joint use of city personnel and equipment that will benefit the City.

(c) The director shall annually report to the city administrator any mutual aid activity provided by the city to other political subdivisions within the state, agencies of the state, and federal agencies within the state, or received therein by the City.

(d) The director shall prepare necessary documentation for recovery of city expenses incurred in response to mutual aid to the extent possible pursuant to federal and state statutes and mutual aid agreements. The City will pursue payment for services rendered for mutual aid when response time exceeds 12 hours, with billing retroactive to the first hour, unless mutual aid agreements specify some other number of hours as the threshold for billing purposes.

Sec. 2.189.6. Volunteers

(a) The director may organize, recruit and train police, fire, emergency medical personnel and any other personnel that may be required on a volunteer basis to carry out the emergency management plan of the City. To the extent that such emergency personnel are recruited to augment a regular city department or agency, they shall be assigned to such department or agency for purposes of administration and command. The director, or his/her designates, or the incident commander at the scene may dismiss any volunteer at any time and require the volunteer to surrender any equipment and identification furnished by the city.

(b) Volunteers may be called into service in case of a declared emergency for which the regular city forces are inadequate, or for necessary training and preparation for such emergencies, or when deemed necessary by the director to carry out the provisions of this chapter relating to the management of emergencies.

(c) No volunteer shall carry any firearm while on-duty except on written order of the public safety director.

(d) Personnel procedures of the city applicable to regular employees of the city shall not apply to emergency volunteers.

Sec. 2.189.7. Non-liability of civil defense workers.

All functions under this chapter and all other activities relating to emergency preparedness and emergency management shall be governmental functions. The City and, except in case of willful misconduct, its officers, agents, employees or representatives engaged in emergency preparedness and emergency management activities, while complying with or attempting to comply with all applicable laws, rules, orders or regulations shall not be liable for the death of or injury to persons, or damage to property, as a result of such activites. The provision of this section shall not affect the right of any officer or employee of the City to receive benefits to which such officer or employee would otherwise be entitled under this chapter, city code, workers' compensation law, or under any pension law.

1853.02 Repeal of Inconsistent Ordinances

Any and all ordinances of the City of Woodbury inconsistent with this Ordinance or Codes herein adopted are expressly repealed.

1853.03Effective Date

This Ordinance shall become effective upon its passage and publication according to law.

Passed and adopted by the City Council of Woodbury, Washington County, Minnesota, this 11th day of April, 2012.

____________________________ Mary Giuliani Stephens, Mayor

______________________________

Clinton P. Gridley, City Administrator (SEAL)

4/18/2012

Tags: public notices, general legals