Ordinance Number 01-9
ORDINANCE NUMBER 01-19
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
SECTION 1 POLICY AND PURPOSE. Because of the existing possibility of the occurrence of 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 material mishaps or catastrophic measure or emergencies that are technological in nature; and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary:
- To establish a City emergency management organization responsible for City planning and preparation for emergency government operations in time of
- To provide for the exercise of necessary powers during emergencies and disasters.
- To 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
- To comply with provisions of Minnesota Statutes, Chapter 12, Section 12.25, which requires that each political subdivision of Minnesota shall establish a local organization for emergency
SECTION 2 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 flood, fire, tornado and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps or emergencies that are technological in nature. These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, 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.
DISASTER. 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 a catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss.
EMERGENCY. An unforeseen combination of circumstances, which calls for immediate action to prevent from developing or occurring.
EMERGENCY MANAGEMENT FORCES. The total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this resolution or any rule or order thereunder. This includes personnel from City departments, authorized volunteers, and private organizations and agencies.
EMERGENCY MANAGEMENT ORGANIZATION. The staff responsible for coordinating city-level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements.
SECTION 3 ESTABLISHMENT OF AN EMERGENCY MANAGEMENT AGENCY.
(A) There is hereby created with the City government an emergency management organization, which shall be under the supervision and control of the Director of Emergency Management. The Director shall be appointed by the Mayor and City Council for an indefinite term and may be removed by them at any time. Any salary or expenses will be determined by the City Council. The Director shall have responsibility for the organization, administration and operation of the City’s emergency management organization, subject to the direction and control of the Mayor.
(B) The Emergency Management Department shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in any legitimate labor dispute.
SECTION 4 POWERS AND DUTIES OF DIRECTOR.
(A) The Director, with the consent of the Mayor and City Council shall represent the City on any federal, state, regional or local organization or conference for emergency management.
(B) The Director shall prepare an all-hazards Emergency Operations Plan for the delivery of emergency services for the City and shall present such plan to the City Council for its action. The plan may be modified in like manner from time to time. The plan shall be coordinated with such similar plans of St. Louis County and neighboring municipalities. When the City Council has approved the plan by resolution, it shall be the duty of all City agencies and all emergency preparedness forces of the City to perform the duties and functions assigned by the plan as approved.
(C) The Director shall develop mutual aid agreements with other political subdivisions for reciprocal emergency services and shall present such agreements to the Council for its action. Such arrangements shall be consistent with the duties of the Emergency Management Department to render assistance in accordance with the provisions of such mutual aid arrangements.
(D) The Director may recommend the procurement of supplies and equipment for the preparation of training programs and public information programs and shall conduct practice, drills and other training exercises that may be necessary to fully train and equip emergency management personnel for their duties in time of need.
(E) The Director may survey the training and education of the work force of the City, the industries and resources and facilities of the City in order to ascertain their capability to function in time of emergency.
(F) The Director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the City’s Emergency Operations Plan when a disaster occurs.
(G) The Director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the City Emergency Management organization and to the Governor upon request. The head of each department or agency in cooperation with the Director shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency.
(H) The Director shall cooperate with federal, state and local officials in matters pertaining to the training, equipping and functioning of efforts and emergency of every kind.
(I) The Director shall act as principal aide and advisor to the City officials 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, non- governmental groups, and with higher and adjacent governments. Responsibilities of the Coordinator are further outlined in the City’s Emergency Operations Plan (EOP) in meeting the critical emergency functions of the city.
(J) The Director shall, as directed in the City’s Emergency Operations Plan, provide and equip in the City an Emergency Operations Center (EOC) and, if necessary, an auxiliary EOC to be used during an emergency as headquarters for the direction and coordination of emergency services. The Director shall arrange for installation at the EOC of communication systems with heads of emergency services, the station and operating units of municipal services and other agencies concerned with emergency services and for communications with other communities and control centers within the surrounding area and with the federal and state agencies concerned.
(K) The Director shall use the services, equipment, supplies and facilities of existing departments, offices, personnel and agencies of the City to the maximum extent practicable and all City employees are directed to cooperate with the Director in carrying out emergency management functions.
(L) The Director shall report to the City Council annually and as otherwise required by the Council on the operation of the Emergency Management Department.
SECTION 5 LOCAL EMERGENCIES.
(A) A local emergency may be declared only by the Mayor or his or her legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Administrator/Clerk-Treasurer.
(B) 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 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 inter-jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions.
(D) Every officer and agency of the City shall cooperate with the federal and state authority and with authorized agencies engaged in emergency management to the fullest extent possible consistent with the performance of their duties. The provisions of this chapter and of all regulations made hereunder shall be subject to all applicable and controlling provisions of federal and state laws and regulations and orders issued hereunder and shall be deemed to be suspended and inoperative so far as they may be in conflict therewith.
SECTION 6 EMERGENCY REGULATIONS.
(A) Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the City Council, the Council may by resolution promulgate regulations, consistent with applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, 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 the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Administrator, which copy 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 Administrator’s Office shall be conspicuously posted at the front of City Hall or other headquarters of the City or at such 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.
(C) 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, which it relates, whichever comes first. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the City Council shall be suspended during the period of time and to the extent such conflict exists.
(D) During a declared emergency, the city is, under the provisions of M.S. § 12.37, as it may be amended from time to time and notwithstanding any statutory or Charter provision to the contrary, empowered, through its Council, acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of a disaster. The city may exercise these 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, 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 calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for bids.
SECTION 7 EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION. All functions authorized and carried out hereunder and all other activities relating to emergency management are declared to be governmental functions. Except in cases of willful conduct, the City, its officers, agents and employees while engaged in authorized emergency management activities shall not be liable for an injury or death of any person or damage to property as a result of such activity. The provisions of this chapter shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this resolution or under the worker’s compensation law, or under any pension law, any loan or benefit or compensation resulting from an Act of Congress, State of Minnesota or other governmental agency.
SECTION 8 PARTICIPATION IN LABOR DISPUTE OR POLITICS. The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute.
SECTION 9 VIOLATIONS. Any person who violates any provision of this chapter or a regulation adopted hereunder relating to acts, omissions or conduct other than official acts of City officers, employees or volunteers is guilty of a misdemeanor.
SECTION 10 SEVERABILITY. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
SECTION 11 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 12 CITY CODE. This Ordinance shall be incorporated into the Mountain Iron City Code as Chapter 33.
SECTION 13 EFFECTIVE DATE. This Ordinance shall be effective in accordance with State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 1st DAY OF APRIL, 2019.
Mayor Gary Skalko