[HISTORY: Adopted by the Village Board of the Village of
Kimberly 2-8-2021 by Ord. No. 2-2021. Amendments noted where applicable.]
The purpose of this chapter is to ensure that the Village of
Kimberly will be prepared to cope with emergencies resulting from
enemy action and natural or man-made disasters by establishing an
organization for emergency management. It is further declared to be
the purpose of this chapter that all emergency management functions
of the Village of Kimberly be coordinated to the maximum extent practicable
with existing services and facilities of the Village and with comparable
functions of the federal, state and county government and other political
subdivisions, as well as various private agencies so that the most
effective preparation and use may be made of manpower, resources and
facilities for dealing with any disaster that may occur.
As used in this chapter, the following terms shall have the
meanings indicated:
All measures undertaken by or on behalf of the Village to
prepare for and minimize the effect of enemy action upon the civilian
population.
All measures undertaken by or on behalf of the Village, including
civil defense, to prepare for and minimize the effects of enemy action
and natural or manmade disasters upon the civilian population and
to effectuate emergency repairs or the emergency restoration of vital
public utilities and facilities destroyed or damaged by such action
or disaster.
The preparation for and carrying out of all emergency functions,
other than functions for which the military forces are primarily responsible,
to minimize injury and damage resulting from disaster caused by enemy
attack, sabotage or other hostile action or by fire, flood or other
natural causes.
Hostile action by a domestic or foreign power which threatens
the security of the Village.
Chapter 323 of the Wisconsin State Statutes is herein incorporated
by reference.
A.
Appointment. The position of Local Emergency Manager shall be the
Village's Head of Emergency Management Services and serve as
the Emergency Management Director, as specified in § 323.15,
Wis. Stats. The Local Emergency Manager shall be appointed by the
Village Board and shall have an indefinite term of office.
B.
Deputy and assistant directors. Deputy and assistant directors may
be appointed by the Director, subject to the approval of the Village
Board, as may be deemed necessary.
C.
Powers and duties. The Director shall be the executive head of the
Village emergency management organization and shall have direct responsibility
for the organization, administration and operation of the organization,
subject to the direction and control of the Village Board. In addition
to such powers and responsibilities as may be imposed on the Director
from time to time by the Village Board, the Director shall have the
authority and duty to:
(1)
Coordinate all activities for emergency management within the Village.
(2)
Maintain liaison and cooperate with emergency management agencies
and organizations of other political subdivisions and of the state
and federal government.
(3)
Participate in county and state emergency management activities upon
request.
(4)
Prepare a comprehensive general plan for the emergency management
of the Village and present such plan to the Village Board for approval.
(5)
Enter into mutual aid agreements with other political subdivisions
and file copies of any such agreements with the State Director of
Emergency Management, subject to the approval of the Village Board.
(6)
Upon declaration of an emergency, issue all necessary proclamations
as to the existence of such state of emergency and disaster warnings
or alerts, as shall be required in the emergency operations plan.
In order to ensure that in the event of an emergency that all
responding agencies have the ability to operate in a coordinated manner,
utilizing a recognized management process, incident management objectives,
common terminology, common communication procedures and equipment
designations, the Village of Kimberly formally recognizes and adopts
the use of the Incident Command System (ICS) and the National Incident
Management Systems (NIMS).
In preparing and executing the emergency operations plan, the
Director shall utilize the services, equipment, supplies and facilities
of the existing departments and agencies of the Village to the maximum
extent practicable. When the Village Board has approved the plan,
all municipal agencies and departments of the Village shall perform
the duties and functions assigned by the approved plan.
The Emergency Management Organization shall take action in accordance
with the emergency operations plan only after the declaration of an
emergency and issuance of official disaster warnings. Declaration
of emergency shall be made by the Governor, the Village Board, Village
Board President or, in his or her absence, the Director. Such state
of emergency shall continue until terminated by the issuing authority,
provided that any declaration not issued by the Governor may be terminated
by the Village Board.
Whenever necessary to meet an emergency for which adequate regulations
have not been adopted by the Village Board, the Emergency Management
Director and, in his or her absence, the Village Board President may
proclaim, promulgate and enforce orders, rules and regulations relating
to the conduct of persons and the use of property which are necessary
to protect the public peace, health and safety and preserve lives
and property and to ensure cooperation in emergency management activities.
Such proclamations shall be posted and may be rescinded by resolution
of the Village Board.
A.
It shall be unlawful for any person to represent himself/herself
as a member of an emergency management organization unless such person
is a bona fide member of the appropriate organization.
B.
It shall be unlawful for any person to obstruct, hinder or delay
any member of the emergency management organization in the enforcement
of an order, rule, regulation or plan issued pursuant to the authority
contained in this chapter or to do any act forbidden by any order,
rule, regulation or plan issued pursuant to authority contained in
this chapter.
C.
For a violation of any of the provisions of this chapter, the violator
shall forfeit not less than $100 not more than $500, and in default
of payment thereof shall be imprisoned in the county jail for a period
not exceeding 90 days.
