[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:
A.
Establish a City emergency management organization responsible for
City planning and preparation for emergency government operations
in time of disasters.
B.
Provide for the exercise of necessary powers during emergencies and
disasters.
C.
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.
D.
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.[1]
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.[2]
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
F.
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.
G.
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.
H.
Carry out all orders, rules, and regulations issued by the Governor
with reference to emergency management.
I.
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.
J.
Prepare and submit such reports on emergency preparedness activities
as maybe requested by the Common Council.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.[1]
