HomeMy WebLinkAboutCity Council Ordinance 2006-08CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2006-08
AN ORDINANCE AMENDING TITLE IX, SECTION 900 OF
THE PLYMOUTH CITY CODE CONCERNING
HOMELAND SECURITY AND EMERGENCY MANAGEMENT
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter IX, Section 900 (Homeland Security and Emergency
Management) of the Plymouth City Code is hereby amended in its entirety to read as follows:
Section 900 — Homeland Security and Emergency Management
900.01. Purpose. Due to the possibility of large-scale emergencies, disasters, or
catastrophic events resulting from fire, flood, tornado, blizzard, destructive winds or other
natural causes; or from terrorism, civil disorder, and hazardous materials accidents, proper
plans and preparations are imperative for the City to prudently manage such events. General
provisions for the common defense and protection of the public, its health and safety, and the
preservation of lives, property and environment of the people of the City, it is hereby found and
declared to be necessary to:
a) Establish a City Emergency Management Division responsible for planning and
preparation for emergency government operations in time of emergencies, disasters, or
catastrophic events.
b) Provide for the exercise of necessary powers during emergencies, disasters, or
catastrophic events.
c) Provide for the rendering of mutual aid between the City and other political
subdivisions with respect to carrying out of emergency management functions.
d) Comply with provisions of Minnesota Statutes § 12.25, which requires that each
political subdivision of the State establish a local organization for emergency
management.
e) Require the National Incident Management System (NIMS) to be utilized by the City in
the event of all emergencies, disasters and unusual events, including those outlined in
the United States 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) .
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900.03 Definitions. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Assistant Emergency Management Coordinator means the person assigned by the director to
share responsibility with the Emergency Management Coordinator to ensure that the
Emergency Operations Plan and Resource Manual is updated, the Emergency Operations
Center is functional, the necessary staff are trained, the outdoor warning sirens are operational
and NIMS requirements are sustained.
Catastrophic Event means any natural or manmade incident, including terrorism that results in
extraordinary levels of mass casualties, damage, or disruption severely affecting the population,
infrastructure, environment, economy, national morale, and/or government functions. A
catastrophic event could result in sustained national impacts over a prolonged period of time;
almost immediately exceeds resources normally available to State, local, tribal, and private -
sector authorities in the impacted area; and significantly interrupts governmental operations and
emergency services to such an extent that national security could be threatened. All
catastrophic events are Incidents of National Significance
Continuity of operations (COOP) means an effort within individual departments to ensure
continued performance of essential functions during a wide range of potential emergencies.
This is accomplished through the development of plans, comprehensive procedures and
provisions for alternate facilities, personnel resources, interoperable communications, and the
preservation of vital records and databases.
Disaster means a situation that creates an actual or imminent serious threat to the health and
safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to
property or the environment, and for which traditional sources of relief and assistance within
the affected area are unable to repair or prevent the injury or loss.
Emergency means an unforeseen combination of circumstances that calls for immediate action
to prevent a disaster from developing or occurring.
Emergency Management means the preparation for, and the carrying out of, emergency
functions, other than functions for which military forces are primarily responsible, to prevent,
minimize and repair injury and damage resulting from disasters, from acute shortages of
energy, or from incidents occurring at nuclear power plants that pose radiological or other
health hazards. These functions include, without limitation, fire -fighting services, police
services, medical and health services, rescue, engineering, warning services, communications,
radiological, chemical and other special weapons defense, evacuation of persons from stricken
areas, emergency human services, emergency transportation, existing or properly assigned
functions of plant protection, temporary restoration of public utility services, implementation of
energy supply emergency conservation and allocation measures, and other functions related to
civilian protection, together with all other activities necessary or incidental to preparing for and
carrying out these functions.
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Emergency Management Coordinator 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 staff are trained, the outdoor warning sirens are operational,
NIMS requirements are sustained and carries out any other task delegated by the Emergency
Management Director.
Emergency Management Director means the City's Police Chief. The Emergency
Management Director is responsible for the City emergency management program on behalf of
the City Manager. The term "director," when used in this ordinance, means the Emergency
Management Director.
Emergency Management Division means the staff element and associated resources responsible
for coordinating the City -level planning, mitigation, preparation, response, recovery and
continuity of operations from emergencies, disasters and catastrophic events. This division
coordinates with federal, state and other local jurisdictions relative to emergency management
functions, disaster preparedness activities and ensures implementation of federal and state
program requirements.
Homeland Security means the deterrence, prevention and preemption of, and defense against,
aggression targeted at U.S. territory, sovereignty, population and infrastructure as well as the
management of the consequences of such aggression and other domestic emergencies.
900.05. Emergency Management Division. There is hereby created within the City of
Plymouth an Emergency Management Division, which shall be under the supervision and
control of the City Manager. The City Police Chief will be appointed by the City Manager to
coordinate the division and implement all aspects of the plan.
900.07 Powers and Duties of the Director. Subdivision 1. The Director, or his
designee, shall represent the City on homeland security and emergency management related
issues. The Director shall have the responsibility for the organization, administration and
operation of the Emergency Operations Plan.
Subd.2. The Director, or his designee, shall assess City personnel, its resources,
planning measures and facilities deemed necessary to determine their adequacy for emergency
management activities.
Subd.3. The Director, or his designee, shall prepare and maintain a comprehensive
Emergency Operations Plan and shall present such plan to the City Council for its approval.
When the Council has approved the plan by resolution, it shall be the duty of the City
departments and the Emergency Management Division to perform the duties and functions
assigned by the plan as approved. The plan will be updated on an annual basis. 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 planning efforts of the federal, state, and
county government. The Director shall coordinate City response to external requests for
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mutual aid for incidents beyond the scope of normal day-to-day emergency response
operations.
Subd. 4. The Director shall ensure proper training and public information programs;
initiate warranted alerts; and coordinate emergency exercises as necessary to ensure prompt and
effective operation of the City's Emergency Operations Plan.
Subd. 5. Each Department Director or designee, in cooperation with the Emergency
Management Director, shall be responsible for the planning and programming of such
emergency activities as found in the Emergency Operations Plan.
Subd. 6. The Director shall carry out all orders, rules and regulations issued by the
Governor with reference to emergency management.
Subd. 7. The Director, or his designee, shall prepare and submit required reports on
homeland security and emergency management activities.
900.09. Declaration of a Local Emergency. Subdivision 1. A local emergency may be
declared only by the Mayor or his/her legal successor. It shall not continue 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.
Subd. 2. A declaration of a local emergency shall invoke necessary portions of the
response and recovery aspects of applicable local or inter jurisdictional disaster plans,
and may authorize aid and assistance there under.
Subd. 3. No other jurisdictional agency or official may declare a local emergency unless
expressly authorized by the agreement under which the agency functions.
900.11 Emergency Regulations. Subdivision 1. Whenever necessary to meet a declared
emergency for which adequate regulations have not been adopted by the Governor or the City
Council, the City Council may by resolution promulgate regulations, consistent with the
applicable federal or state laws or regulations, with respect to the conduct of persons and the
use of property during emergencies in the repair, maintenance, and safeguarding of essential
public services, emergency health, fire, and safety regulations, and all other matters which are
required to protect public safety, health, and welfare in declared emergencies.
Subd. 2. Every resolution of emergency regulations shall be in writing, shall be dated,
and 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 Manager's or City
Clerk's office shall be conspicuously posted at the front of city hall facility 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 City Council may modify or rescind any
such regulation.
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Subd. 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, which ever comes first. Any
resolution, rule or regulation inconsistent with the emergency regulation promulgated by the
City Council shall be suspended during the period of time and to the extent such conflict exists.
Subd. 4. During a declared emergency, the City is, notwithstanding any statutory or
charter provisions to the contrary, empowered, through the City Council, acting within or
without the corporate limits of the City, to enter into contracts and incur obligations necessary
to combat 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, purchasing supplies and materials, limitations upon tax levies, and the
appropriation and expenditure of public funds including, but not limited to, publication of
resolution, publication of call for bids provisions of personnel laws and rules, provisions
relating to low bids, and requirement budgets.
900.13 Emergency Management Declared Governmental Function. All functions under
this ordinance 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 be entitled under this chapter or under the
worker's compensation law, or under any pension law, or the right of any such person to
receive any benefits or compensation under any act of Congress.
900.15 Authority at Emergency Scenes. Subdivision 1. The Chief of Police and/or
Fire Chief, or his/her designees, 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
the 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 Chief of Police and/or Fire Chief, or
his/her designees, or the incident commander is authorized to prohibit any person, vehicle,
vessel, aircraft or thing from approaching the scene and is authorized to remove or cause to be
removed, towed, kept away from the scene any person, vehicle, vessel, aircraft or thing which
may impede or interfere with the operations conducted by the City.
Subd. 2. The Chief of Police and/or the Fire Chief, or his/her designees, 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 private property in the vicinity of
such operation so as to prevent accidents or interference with the lawful efforts of the City to
manage and/or control the situation.
Subd. 3. The Chief of Police and/or the Fire Chief, or his/her respective designee or
incident commander shall have the authority to order the evacuation of buildings, areas of a
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building or any area, public or private, of any kind or nature upon being informed and being
reasonably satisfied that an emergency situation may exist 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 Chief of Police and/or the Fire Chief, or his/her designee 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.
Subd.4. It shall be a violation of this section for any person to fail to comply with a
lawful order given by the Chief of Police and/or Fire Chief, or his/her designees or incident
commander when the Chief of Police and/or Fire Chief or his/her designee or incident
commander is acting under the authority of subdivision 1 of this section.
900.17 Mutual Aid. Subdivision 1. Each Department Director, or designee, in
coordination with the Emergency Management 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 assistance within the state, and non- profit
emergency response or relief organizations, pursuant to Minnesota Statute Chapter 12, provided
the operational needs of the City are not compromised. The Emergency Management Director,
in consultation with the City Manager, is authorized to respond to requests for mutual aid
assistance in the form of City resources to government agencies outside of Minnesota.
Subd. 2. The Administrative Services 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 of Plymouth will bill for
services rendered for mutual aid when response time exceeds 12 hours.
SECTION 2. Effective Date. This amendment shall take effect immediately upon its
passage.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 28th day of March,
2006.
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