[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 1-16-2006 by Ord. No. 06-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any type of threat of hazard that poses threat to the lives, property or environment within the Village of Pleasant Prairie.
- EMERGENCY INTERIM SUCCESSOR
- A person designated under this section, if the officer or department head is unavailable, to exercise the powers and discharge the duties of the position until a successor is appointed or elected and qualified as provided by law or until the lawful inxcumbent is able to resume the exercise of the powers and discharge the duties of the position.
- EMERGENCY MANAGEMENT DIRECTOR
- The director coordinates emergency scenes, command posts, or emergency operations centers to coordinate emergency response of Village departments, mutual aid agencies, public and private agencies and organizations; performs necessary administrative, planning, and organizational duties; develops, revise and implement emergency operations plans, and documents; attends training sessions and meetings.
- EMERGENCY POWERS
- The authority given to the Village of Pleasant Prairie to take extraordinary actions in order to cope with a crisis.
- During a state of emergency resulting from any cause, either a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or the lawful incumbent of the office and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the position.
This chapter is enacted to provide authority to the Pleasant Prairie Village Board, Village officers and Village employees for actions that must be taken in response to various types of emergencies or disasters that threaten the Village. It is intended to grant as broad a power as permitted by statutory and constitutional authority. Included are all activities and measures designed or undertaken to minimize the effects upon the people of Pleasant Prairie that were caused by natural or man-made disasters, or which would be caused by enemy or other intentional action; to deal with the immediate emergency conditions which would be created by such activities; and to effect emergency repairs to, or the emergency restoration of, vital public infrastructure, utilities and facilities destroyed or damaged by such actions or disasters.
Declaration of emergency.
Notwithstanding any other provision of law to the contrary, the Village Board of the Village of Pleasant Prairie may declare by resolution or ordinance an emergency existing within the Village whenever conditions arise by reason of war, intentional act, conflagration (fire), flood, heavy snowstorm, blizzard, catastrophe, disaster, riot or civil commotion, or acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital services within Village.
If the Village Board is unable to meet with promptness, the Village President is hereby authorized to declare a state of emergency by proclamation. The proclamation shall be subject to ratification, alteration, modification or repeal by the Village Board as soon as that body can meet, but the subsequent action taken by the Village Board shall not affect the prior validity of the proclamation.
The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.
Authority to act. During a state of emergency, the Village Board by ordinance or resolution or, in its absence, the Village President by resolution shall have the authority to legislate for whatever is necessary and expedient for the health, safety, welfare and good order of the Village. This shall include, without limitation by enumeration, the authority to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from all local highways.
Emergency powers. In addition to those powers conferred upon the Village President in the previous sections, during a state of emergency the Village President, in consultation with the Emergency Management Director and other Village staff, shall exercise all executive and general administrative emergency powers, including but not limited to all of the following:
The authority to direct emergency response activities performed by Village departments.
The authority to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the Village, upon following the procedures regarding emergency procurements.
The authority to lease real property or structures, or both, that are deemed necessary for the continued operation of Village government.
The authority to purchase or lease goods and services deemed necessary to the Village's emergency response or for the repair of Village facilities, or both, upon following the procedures regarding emergency procurements.
The authority to promulgate rules and orders to implement and clarify the proclamation exercising emergency power.
The authority to delegate any or all of these duties to the appropriate Village personnel.
The authority to coordinate emergency activities with the Kenosha County Director of Emergency Management.
Actions taken pursuant to the grant of authority contained in this chapter shall be subject to ratification, alteration, modification or repeal by the Village Board as soon as that body can meet, but the subsequent action taken by the Village Board shall not affect the prior validity of the action taken.
Appointment. The Village Administrator shall appoint both the Emergency Management Director and the Deputy Emergency Management Director, annually, for the Village of Pleasant Prairie. The Deputy Director shall have the authority and power to act in the absence of the Director.
Duties. The Emergency Management Director shall be responsible for the performance and supervision of performance of all duties in connection with coordinating and carrying out the Village's role in furnishing services in the event of a declaration of a state of emergency.
The powers and duties of the Emergency Management Director are pursuant to Ch. 166, and specifically § 166.03(5), Wis. Stats. The Emergency Management Director shall be responsible to the Village Administrator and Village Board. The Emergency Management Director and the Deputy Emergency Management Director shall:
Assist the Village President in the exercise of emergency powers.
Request the Village Board or Village President to declare a state of emergency when appropriate.
Prepare, under the direction of the Village President and in consultation with the appropriate Village staff, all necessary emergency proclamations, rules and orders and implement the emergency operations plan. The Emergency Management Director shall also ensure that appropriate media outlets are notified of the emergency.
Marshal, after the declaration of a state of emergency, all necessary personnel, equipment and supplies from any department of the Village to aid in carrying out the emergency operations plan.
Act in coordination with the state and other governmental agencies as may be necessary to plan and implement a joint jurisdiction emergency planning and disaster services plan and mutual aid arrangements.
Control and direct emergency training activities.
Maintain a liaison with other municipal, state, regional and federal disaster services agencies.
Coordinate the drafting of proposed mutual aid agreements.
Assume other emergency responsibilities as assigned by the Village President or Village Board.
Recommend for adoption by the Village Board an emergency operations plan for the Village and recommend for adoption by the Village Board mutual aid plans and agreements that are deemed essential for the plan. The Emergency Management Director shall make continuing studies of the need for amendments and improvements in such plans.
The Emergency Management Team of the Village shall consist of the Village President, the Village Administrator, the Emergency Management Director, the Deputy Emergency Management Director, the Assistant Chief of Fire & Rescue, the Assistant Police Chief, the Village Engineer and such other Village officers or employees as may be designated by the Village President or the Emergency Management Director.
The Emergency Management Team shall work together in the development and maintenance of an emergency plan and disaster services plan, emergency training activities, mutual aid agreements, and continued study of the need for amendments and improvements in said plans, activities and agreements. All plans of organization shall substantially conform to recommendations of the federal government, Kenosha County and the State Office of Emergency Management.
Notwithstanding any provision of this Code to the contrary, upon declaration of a state of emergency the Village President, the Emergency Management Director or either's designee may procure by purchase or lease such goods and services as are deemed necessary for the Village's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement or compliance with requirements for public bidding for immediate delivery or furnishing.
A full written account of emergency procurements made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to the Village Board within 30 days after their procurement, or as soon thereafter as is practicable, and shall be open to public inspection for such period as required by applicable Village ordinance and state statutes.
Designation of emergency temporary locations. Whenever during a state of emergency it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the Village Board may meet at any place within or without the territorial limits of the Village of Pleasant Prairie at the direction of the Village President or his or her successor and shall proceed to establish and designate, by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary locations of government where all, or any part, of the public business may be transacted and conducted during the emergency situation.
Such alternate or substitute site or places may be within or without the territorial limits of the Village of Pleasant Prairie. If practicable, they shall be the sites or places designated as the emergency temporary locations of government in the current emergency management plan.
Exercise of governmental authority. While the public business is being conducted at an emergency temporary location, the Village Board and officers of the Village of Pleasant Prairie shall have, possess and exercise, at such location, all of the executive, legislative, administrative and judicial powers and functions conferred upon such body and officers under state law. Such powers and functions, except judicial, may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto. All acts of such body and officers shall be as valid and binding as if performed within the territorial limits of the Village of Pleasant Prairie.
Priority of legislation. This section shall control notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.
Declaration of policy. Because of the possible unavailability or incapacity of the Village President, Village Board, Village Administrator, or department heads during an emergency, it is determined and declared to be necessary to assure the continuity and effective operation of the Village of Pleasant Prairie in the event of an emergency by providing for additional persons who can temporarily exercise the powers and discharge the duties of these positions.
Emergency interim successors. Subject to such regulations as the Village Board may adopt from time to time, local officials and all department heads for the Village of Pleasant Prairie shall designate by title, if feasible, or by named person emergency interim successors and specify their order of succession.
Each officer or department head shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer or department head shall designate a sufficient number of persons so that there will be not fewer than three or more than seven deputies or emergency interim successors or any combination thereof at any time.
If any officer or department head or his or her deputy provided for pursuant to law is unavailable, the powers of the office shall be exercised and duties shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist is filled in accordance with the Constitution, statutes or ordinances or until the officer or his or her deputy or a preceding emergency interim successor again becomes available to exercise the powers and discharge the duties of the position.
Status and qualifications of designees. No person shall be designated or serve as an emergency interim successor unless he or she is eligible under the Constitution, statutes and ordinances to hold the office to which powers and duties he or she is designated to succeed, but no constitutional or statutory provision prohibiting local or state officials from holding another office shall be applicable to an emergency interim successor.
Formalities of taking office. Emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. No person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.
Declaration of emergency. If the Village Board is unable to meet with promptness, and the Village President, or the Village President Pro-Tem or the Village Administrator is unavailable to confer either in person or by telephone regarding the need for a declaration of an emergency, the Village President, any two members of the Emergency Management Team in coordination with the Emergency Management Director or Deputy Director or, in the absence of the Emergency Management Director or Deputy Director, any three members of the Emergency Management Team may declare such an emergency.
Executive decisions. In the absence of the Village President, or the Village President Pro-Tem or the Village Administrator the executive decision authority of the Village when an emergency exists shall succeed as follows: interim Village Board President; the acting Village Administrator; Emergency Government Director; and Deputy Emergency Government Director.
The Police Chief and his/her designees shall have authority to suppress any tumult or disorder and to order all individuals, groups or companies to leave the neighborhood of any disturbance or emergency scene and to command from the inhabitants of the Village all needful assistance. Officers shall also have authority to go upon and enter any property or premises and to do whatever may reasonably be necessary to protect the health, safety, welfare and good order of the inhabitants of the Village of Pleasant Prairie. This shall include, without limitation by enumeration, the authority to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from all local highways.
Removal of vehicles. Two hours after the broadcast of an emergency declaration, the Police Department may cause to be removed any vehicle parked in any municipal parking lot, alley or street that impedes the necessary work resulting from the emergency situation. The owner of each vehicle removed from any municipal parking lot, alley or street shall be issued a citation. The forfeiture for such violation shall not be more than $50, plus the cost of towing and storage as set forth in § 332-7 of this Code. The Village and its employees shall not be responsible for any damage incurred to the removed vehicles during towing or storage.
The Chief of Fire & Rescue, Emergency Management Director and their designees shall have authority to suppress any tumult or disorder and to order all individuals or companies to leave the neighborhood of any fire or first aid scene and to command from the inhabitants of the Village all needful assistance for the suppression of fires and in the preservation of property exposed to fire. The officers above enumerated shall also have authority to go upon and enter any property or premises and to do whatever may reasonably be necessary in the performance of their duties while engaged in the work of extinguishing any fire or performing any duties incidental thereto. Such officers shall also have authority to go upon and enter any property or premises and do whatever may reasonably be necessary in the performance of their duties while engaged in the work of aiding persons or minimizing the loss to property, or at a first aid scene.
Nothing within this chapter shall be construed to limit in any way the general police powers and authority of the Village of Pleasant Prairie, its officers and officials.
Proclamations, rules, and orders issued pursuant to this chapter shall be effective upon issuance and shall remain in effect until withdrawn by the Village Board, Village President or other issuing authority. However, those proclamations, rules, and orders shall be withdrawn by the Village Board, Village President, or other issuing authority and those persons acting pursuant to this chapter shall cease to exercise emergency powers at such time as the conditions giving rise to the emergency cease.
Any person, adult or juvenile, violating a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule or order, which proclamation, rule or order is issued pursuant to the provisions of this chapter, or any order or directive given by a peace officer or designated emergency services personnel acting pursuant to this chapter, shall be subject to penalty as provided in Chapter 1, § 1-4, of this Code.