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0-2002-9
AN ORDINANCE
CREATING THE OFFICE OF EMERGENCY MANAGEMENT AND SETTING FORTH THE POWERS AND DUTIES OF THE EMERGENCY MANAGER
WHEREAS, C.R.S. 24-32-2101, et. seq., sets forth the method by which state and local governmental entities can work together to establish and maintain disaster agencies and services; and,
WHEREAS, it is necessary to establish an Office of Emergency Management as the coordinating agency for all disaster or extraordinary emergency events.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
Section 1. A new Chapter 1.27 of the Lakewood Municipal Code is adopted to be as follows:
1.27.010 INTENT AND PURPOSE. It is the intent of The City of Lakewood City Council to establish and maintain the disaster agency and services referred to in appropriate sections of the Colorado Disaster Emergency Act of 1992, part 21 of article 32 of title 24, C.R.S. 1992, as amended. It is the intent of this Chapter to establish an Office of Emergency Management as the coordinating agency for all disaster or extraordinary emergency events. This Chapter is the instrument through which the City Manager may exercise his authority and discharge the responsibilities vested in him by the City Charter and local ordinances. This Chapter shall not relieve any City department of its official responsibilities or authority given to it in the City Charter or by ordinance, nor shall it adversely affect the work of any volunteer agency for relief in a disaster or other emergency.
1.27.020 DEFINITIONS. For the purpose of this Chapter, all definitions found in CRS 24-32-2103, as amended, apply as definitions to this Chapter.
1.27.030 ORGANIZATION AND APPOINTMENTS. The City Manager is hereby authorized and directed to establish an organization for managing disasters and extraordinary emergency events utilizing to the fullest extent the services and resources of existing departments within the City. An Emergency Manager shall be appointed by the City Manager to ensure appropriate planning, management and coordination in all phases of emergency management including mitigation, preparedness, response and recovery.
1.27.040 DUTIES AND RESPONSIBILITIES. The Office of Emergency Management shall be under the supervision of the Director of the Department of Public Works. Said office shall be responsible for preparing and keeping current a comprehensive disaster plan delineating measures to be implemented by the City before, during and after a disaster or extraordinary emergency event. An emergency management system, including both incident support and incident management functions, shall be developed and tested to assure capability of managing natural, technological and manmade disasters and extraordinary emergency events.
1.27.050 EMERGENCY PLAN AND MANAGEMENT SYSTEM. An Emergency Plan shall be developed and maintained by the Office of Emergency Management subject to approval of the City Manager. The plan will identify department responsibilities, including requirements for maintenance of specific facility and department emergency procedures and critical resource information, in a current state of readiness at all times. It shall be the responsibility of all City departments to perform functions assigned within the plan using Incident Command System (ICS) management principles as defined in the Lakewood Emergency Plan and Management System.
1.27.060 PROCEDURES.
A. Proclamation: The Mayor or his designee shall have the power to declare by proclamation that a state of disaster exists, when in his/her opinion, a disaster has occurred or the threat of a disaster is imminent.
B. Proclamation in Writing: The proclamation of disaster shall be in writing and shall describe the nature of the disaster, the area threatened, the conditions which have brought it about, and the conditions that would remedy it. Such proclamation shall be delivered to the City Manager who shall ensure proper publication and dissemination of information to the public. The City Manager shall file the proclamation with the City Clerk and forward a copy to the Colorado Office of Emergency Management, Department of Local Affairs.
C. Effect of Proclamation: The issuance of a proclamation declaring a state of disaster shall automatically empower the City Manager to exercise any and all of the disaster and emergency powers and shall activate all relevant portions of the Emergency Plan and Management System.
D. Duration:
1. A state of disaster shall remain in effect until the Mayor or his designee declares by Proclamation that the threat of danger has passed or that the disaster conditions no longer exist. However, a state of disaster shall not be continued or renewed for a period in excess of seven (7) days unless the City Council approves a longer duration.
2. Any Proclamation continuing or terminating a state of disaster or emergency shall be filed with the City Clerk and a copy shall be forwarded to the Colorado Office of Emergency Management.
E. The Emergency Plan and Management System shall be activated upon issuance of a Proclamation that a state of disaster exists or by order of the City Manager.
1.27.070 DISASTER AND EMERGENCY RESPONSE POWERS.
A. The Mayor or his designee may exercise any and all powers granted by applicable state law subsequent to issuance of the disaster proclamation.
B. During the existence of a state of disaster, the City Manager may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. These regulations shall be given widespread circulation and shall be disseminated to newspapers, radio and television media. These regulations may include, but shall not be limited to, powers granted by applicable state law.
1.27.080 COMPENSATION. Any compensation for property commandeered or otherwise used in response to a disaster or emergency shall be calculated as set forth in Colorado Disaster Emergency Act of 1992.
1.27.090 CONFLICTING ORDINANCES, ORDERS, RULES AND REGULATIONS SUSPENDED. Any orders, rules and regulations promulgated during a proclaimed state of disaster shall take precedence over existing ordinances, rules and regulations if a conflict arises.
1.27.100 APPLICABILITY OF STATE LAW IN DISASTER SITUATIONS. The implementation of the provisions of this Chapter during a proclaimed state of disaster shall be subject to applicable provisions of Title 24, Article 32, of the Colorado Revised Statues, "Department of Local Affairs," as amended.
1.27.110 VIOLATION OF REGULATIONS. It shall be unlawful for any person to violate any of the provisions of this Chapter or of the regulations or plans issued pursuant to the authority contained in this Chapter, or to willfully obstruct, hinder or delay any person in the exercise of any duty or authority pursuant to the provisions of this Chapter.
1.27.120 PENALTY. Any person convicted of a violation of any section of this Chapter or of any regulations or plans issued pursuant to the authority contained herein shall be punished by a fine or by imprisonment or by both such fine and imprisonment pursuant to the provisions in Chapter 1.16 of the Lakewood Municipal Code.
1.27.130 LIABILITY. The officers, employees and agents of the City of Lakewood shall not be liable for actions they undertake under the terms of the Colorado Disaster Emergency Act of 1992 or this Ordinance.
SECTION 2. This Ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced
and read on first reading at a regular meeting of the Lakewood City Council
on the 8th day of April, 2002; published in full in the Lakewood Sentinel on
the 11th day of April 2002; set for public hearing on the 22nd day of April,
2002; read, finally passed and adopted by the City Council on the day of April,
2002; and signed and approved by the Mayor on the day of April, 2002.
Ray Elliott, Mayor Pro Tem
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney Date
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