CITY OF COON RAPIDS, MINNESOTA
CHAPTER 3-500
EMERGENCY MANAGEMENT

3-501 Policy and Purpose.

(1) Because of the existing possibility of the occurrence of disasters 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 preparations of this City will be adequate to deal with such disasters, 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:

(a) To establish a City emergency management organization responsible for planning and preparation for emergency government operations in time of disasters.

(b) To provide for the exercise of necessary powers during emergencies and disasters.

(c) 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 response functions.

(d) To comply with provisions of Minnesota Statutes, Chapter 12, Section 12.25, which requires that each political subdivision of Minnesota shall establish a local organization for emergency management.

3-502 Definitions.

(1) "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, repair damage and minimize injury 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, public works, engineering, 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" functions.

(2) "Disaster" means a situation which creates 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.

(3) "Emergency" means an unforeseen combination of circumstances which calls for immediate action to prevent from developing or occurring, or the effects of which greatly impact the City’s infrastructure and/or operations beyond the scope of any single department or service.

(4) "Emergency Management Organization" means the staff element responsible for coordinating city-level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements.

(5) “Emergency Management Resources” means the total personnel resources engaged in the city-level emergency management functions in accordance with the provisions of this Chapter or any rule or order thereunder. This includes personnel from city departments, authorized volunteers, and private organizations and agencies.

3-503 Establishment of an Emergency Management Organization. There is hereby created within the City an emergency management organization that shall be under the supervision and control of the City Emergency Management Director, hereinafter called the "Director". The Director shall be appointed by and report to the City Manager. The Director shall have direct responsibility for the organization, administration and operation of the emergency preparedness organization, subject to the direction and control of the City Council. The Director may appoint deputy directors to assist in the execution of the emergency management operations and to fulfill those duties in the absence of the Director.

3-504 Powers and Duties of the Director.

(1) The Director or his designee may represent the City on any regional or state conference for emergency management. The Director shall develop proposed mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the City Council for its action. Such arrangements shall be consistent with state emergency plans.

(2) The Director shall make studies and surveys of the personnel, industries, resources and facilities of the City as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster.

(3) The Director shall prepare a comprehensive emergency plan for the City and shall present such plan to the City Council for its approval. When the City Council has approved the plan by resolution, it shall be the duty of all City departments and all emergency preparedness resources of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Director shall coordinate the emergency management activities of the City to the end that they shall be consistent and fully integrated with the emergency plan of the Federal Government and the State and coordinated with emergency plans of other political subdivisions within the State.

(4) In accordance with the State and County Emergency Plan, the Director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the City emergency plan when a disaster occurs.

(5) The Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments of the City to the maximum extent practicable. The officers and personnel of all such departments shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the Director and to the Governor upon request. The head of each department 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 and resources of that department.

(6) The Director shall, in cooperation with existing City departments affected, assist in the organizing, recruiting and training of such emergency management personnel that may be required to carry out the emergency plans of the City and State. To the extent that such emergency personnel are recruited to augment a regular City department for emergencies, they shall be assigned to such departments and shall be under the administration and control of that department.

(7) Consistent with the state emergency services law, the Director shall coordinate the activity of emergency management organization and assist in establishing and conducting training programs as required to assure emergency operational capability.

(8) The Director shall carry out all orders, rules and regulations issued by the Governor with reference to emergency management.

(9) The Director shall be responsible for direction and control of all City emergency operations during an emergency. The Director’s main responsibility is to assure coordination among the operating departments, non-governmental groups, and with other units of governments.

(10) The Director shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council.

3-505 Local Emergencies.

(1) A local emergency may be declared only by the Mayor or the Mayor Pro-Tem if the Mayor is unavailable. It shall not be continued for a period in excess of three days except by or with the consent of the City Council. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the City Clerk.

(2) A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable disaster plans, and may authorize aid and assistance thereunder.

3-506 Emergency Regulations.

(1) Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or 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 which are required to protect public safety, health, and welfare in declared emergencies.

(2) 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 with the City Clerk, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the City Clerk’s Office shall be conspicuously posted at the front of the City Center or other headquarters of the City or at such other places in the affected area as the City Council shall designate in the resolution. By like resolution, the Council may modify or rescind any such regulation.

(3) 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 Council shall be suspended during the period of time and to the extent such conflict exists.

During a declared emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such 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 call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets.

3-507 Emergency Management Governmental Function. All functions thereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.

3-508 Participation in Labor Dispute or Politics. The emergency management organization 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.

3-509 Effective Date. This ordinance shall take effect immediately upon adoption by the City Council.[Revised 1/03/06, Ordinance 1916]