[HISTORY: Adopted by the Common Council of the City of Prescott as Title 2, Ch. 6, of the former City Code. Amendments noted where applicable.]
To ensure that the City of Prescott will be able to deal with 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 materials mishaps, and to provide for adequate preparation to deal with such disasters, and to provide for the common defense and to protect the public and to preserve the life and property of the people of the City it is hereby found and declared necessary to:
Establish a City emergency management organization responsible for City planning and preparation for emergency government operations in time of disasters.
Provide for the exercise of necessary powers during emergencies and disasters.
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.
Comply with provisions of Wisconsin Statutes which require that each political subdivision of Wisconsin shall establish a local organization for emergency management.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 in which the traditional sources of relief and assistance within the affected area are unable to repair or prevent the loss or injury.
- EMERGENCY MANAGEMENT
- 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 hazardous materials mishaps. These functions include, without limitation, fire-fighting services, police services, emergency medical services, engineering, warning services, communications, radiological and chemical monitoring and mitigation, 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.
- EMERGENCY MANAGEMENT FORCES
- Total personnel resources engaged in City-level emergency management functions in accordance with the provisions of this chapter or any rules or order thereunder. This includes personnel from City departments, authorized volunteers, and private organizations and agencies.
- EMERGENCY MANAGEMENT ORGANIZATION
- The staff element responsible for coordinating City-level planning and preparation for disaster response. This organization provides City liaison and coordinates with federal, state, and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements.
There is hereby created within the City government an emergency management organization which shall be under the supervision and control of the City Emergency Management Directorship, hereinafter called the "Director." The Director shall be appointed by the Mayor and approved by the Common Council for an indefinite term and may be removed by the Mayor at any time. The Director shall serve at a salary determined by the City and shall be paid his or her necessary expenses. The Director shall have direct responsibility for the organization, administration, and operational emergency preparedness organization, subject to the direction and control of the Mayor.
The Director shall:
With the consent of the Mayor, represent the City in the regional or state conferences 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 Mayor for his action. Such arrangements shall be consistent with the state emergency plan.
Make studies and surveys of the manpower, 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. The Director of Emergency Management shall establish the economic stabilization systems and measures, service staffs, boards and subboards required in accordance with state and federal plans and directions, subject to approval of the Mayor.
Prepare a comprehensive emergency plan for the emergency preparedness of the City, including the municipal and unincorporated areas, and shall present such plans to the Common Council for its approval. When the Common Council has approved a plan by resolution, it shall be the duty of all the City agencies and all emergency preparedness forces of this 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 considered and fully integrated with the emergency plan of the federal government and the state and correlated with the emergency plans of other political subdivisions within the state.
In accordance with the state and county emergency plans, institute such training programs and 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.
In cooperation with existing City departments and agencies affected, assist in the organization, recruiting, and training of such emergency management personnel that may be required on a volunteer basis to carry out emergency plans of the City and the state. To the extent that such emergency personnel are recruited to augment a regular City department or agency for emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency.
Consistent with the state emergency services law, coordinate the activities of the municipal emergency management organization within the county and assist in establishing and conducting training programs as required to assure an emergency operational capability in the several areas.
Carry out all orders, rules, and regulations issued by the Governor with reference to emergency management.
Act as principal aid and advisor to the City official responsible for direction and control of all City emergency operations during an emergency. The coordinator's main responsibility is to assure coordination among the operating departments and nongovernmental agencies and with higher and adjacent governments.
Prepare and submit such reports on emergency preparedness activities as maybe requested by the Common Council.
A local emergency may be declared only by the Mayor of the municipality or his legal successors. It shall not be continued for a period in excess of three days except by or with consent of the governing body of the political subdivision. Any order or proclamation declaring or continuing or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the chief of the local recordkeeping agency of the subdivision.
A declaration of local emergencies shall invoke necessary portions of the response and recovery aspects of applicable local and interjurisdictional disaster plans and may authorize aid and assistance thereunder.
No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions.
Whenever necessary to meet the declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the Common Council/Mayor, the Mayor may by resolution promulgate regulations, consistent with the applicable federal or state laws or regulations, respecting the condition of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services; emergency health, fire, and safety regulations; 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.
Every resolution of emergency regulations shall be in writing, shall be dated, shall refer to that particular emergency to which it pertains, if so limited, and shall be filed in the office of the City Administrator. Copies shall be available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Administrator's office shall be conspicuously posted at the front of City Hall or other headquarters of the City or at such other places in the affected area as the Mayor shall designate in the resolution. By like resolution, the Common Council may modify or rescind any such regulations.
The Mayor made 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 an emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent such conflict exists. During a declared emergency, the City is, notwithstanding a statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disasters 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 power in the light of exigencies of the disaster without compliance with the time-consuming procedures and formulating prescribed by law pertaining to the performance of public works, 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 related to low bids, and requirements of budgets.
All functions hereunder and all other activities related to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of a person to receive benefits to which he/she would otherwise be entitled under this chapter or under the Workers' 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.